- Sections
- P'ninat Mishpat
part I
Laws of Witnesses
We have dealt, in the past, with different elements of the process of testimony. Let us now give some thought to the question of how witnesses testify in practice. Normally they are to testify while physically before beit din in a standing up position (although an issue is not usually made about the latter). We will now look into the question of when a witness does not have to testify in the classical way, specifically: when someone else can present his testimony, when he can testify through a translator, and when he can testify in writing.
The mishna (Sanhedrin 37a) says that beit din warns the witnesses regarding capital cases: "Perhaps you are relating based on assumption or rumor, or you heard testimony, one witness from another or from a reliable person." The gemara (ibid. 37b) says that the inadmissibility of an account coming from someone else applies to monetary law as well. The exception to this rule is when the first testimony was related to a beit din, in which case, the dayanim or others present in court may repeat the information in front of a different beit din. According to many authorities, this is only when the first beit din determined that the testimony was accurate. Another exception is that witnesses can testify about what they saw in a valid document, which is of value if the document was subsequently erased or destroyed [regarding written testimony, in general, see next week].
Based on this, when a witness is in a distant location, beit din can send three dayanim to the witness to hear his testimony, and they can later testify on that which they heard from him. According to almost all opinions, there must be three people accepting the testimony; one representative of the court is insufficient. Therefore, a simple notarized statement does not have a special halachic standing.
Regarding hearing testimony through a translator, the mishna (Makkot 6b) says that it is not valid. However, the gemara says that if the dayan understands the language reasonably and needs a translator only to communicate his questions to the witness, it is permitted to do so. The Radvaz says that the disqualification of hearing through a translator is only rabbinic, and therefore if there is no dayan available who understands the witness, a translator may be used. This, though, is still talking about a case where the witness speaks and the translator translates in front of beit din. If the translator alone comes to court to relay testimony, that is actually a case of one testifying in the name of another, which, we saw, is invalid.
The mishna (Sanhedrin 37a) says that beit din warns the witnesses regarding capital cases: "Perhaps you are relating based on assumption or rumor, or you heard testimony, one witness from another or from a reliable person." The gemara (ibid. 37b) says that the inadmissibility of an account coming from someone else applies to monetary law as well. The exception to this rule is when the first testimony was related to a beit din, in which case, the dayanim or others present in court may repeat the information in front of a different beit din. According to many authorities, this is only when the first beit din determined that the testimony was accurate. Another exception is that witnesses can testify about what they saw in a valid document, which is of value if the document was subsequently erased or destroyed [regarding written testimony, in general, see next week].
Based on this, when a witness is in a distant location, beit din can send three dayanim to the witness to hear his testimony, and they can later testify on that which they heard from him. According to almost all opinions, there must be three people accepting the testimony; one representative of the court is insufficient. Therefore, a simple notarized statement does not have a special halachic standing.
Regarding hearing testimony through a translator, the mishna (Makkot 6b) says that it is not valid. However, the gemara says that if the dayan understands the language reasonably and needs a translator only to communicate his questions to the witness, it is permitted to do so. The Radvaz says that the disqualification of hearing through a translator is only rabbinic, and therefore if there is no dayan available who understands the witness, a translator may be used. This, though, is still talking about a case where the witness speaks and the translator translates in front of beit din. If the translator alone comes to court to relay testimony, that is actually a case of one testifying in the name of another, which, we saw, is invalid.

P'ninat Mishpat (663)
Various Rabbis
139 - Culpability for Bad Financial Advice
140 - Laws of Witnesses
141 - Laws of Witnesses
Load More

Receiving One’s Due in a Joint Building Project – part I
based on ruling 80010 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Adar II 5 5782

Backing Out of a Rental After Checks Were Given
Various Rabbis | 28 Shvat 5768

Dampness
Various Rabbis | Shvat 2 5777

Financial Security for a Partner/Worker? – part III
based on ruling 72092 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Nissan 5 5782

Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.

Damages by a Dry Cleaner
5772

Rent on Ruling Based on Unclaimed Claims
5773

Knowing Hashem from Childhood
5771

Under What Circumstances Can One Bless?
5771

Whose Minhag About Being Chazan Should an Avel Follow?
Rabbi Daniel Mann | 5777 Tammuz 22
The Laws of Torah Study
Part 3
Rabbi Eliezer Melamed | 5761
Homosexuality: The Malady of Our Generation
Rabbi Eliezer Melamed | 5775
Homosexuality: The Malady of Our Generation
Rabbi Eliezer Melamed | 5775

Where is the Limit to Permissible Abortions?
Rabbi Shmuel Eliyahu | Sivan 28 5782

Demand of Top-Quality Merchandise from Supplier
based on ruling 81005 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Sivan 28 5782
Daily Mishna - Terumot 2,6 - 3,1
Rabbi Moshe Leib Halberstadt | Sivan 24 5782
