YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
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 (832)
Various Rabbis
139 - Culpability for Bad Financial Advice
140 - Laws of Witnesses
141 - Laws of Witnesses
Load More
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
