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Beit Midrash
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The Rambam (Eidut 3:4) says that shtarot are valid only rabbinically. [It is important to have a mechanism whereby one can possess evidence he can use in the future.] Other Rishonim ask from gemarot where it seems evident that shtarot work from the Torah (we will not get into a discourse on the matter).
The Rif (Ketubot 7b) and the Ramban (Milchamot, Yevamot 9b) say that the difference between a shtar and testimony in writing has to do with the language involved. A shtar is written in the "format of a shtar;" written testimony is written as the witness’ recollection.
The Ba’al Hama’or (ad loc.) says that the difference is that a shtar is written with the da’at hamitchayev, the authorization of the person who stands to lose by means of the testimony within. In contrast, standard testimony needs not be authorized by the side it "testifies against."
There is a fourth approach among the Rishonim, which does not fully accept the premise we have been working with. Rabbeinu Tam says that testimony in writing is invalid only when the witness is incapable of testifying orally, e.g., he is mute; a normal person may actually choose to submit his testimony in writing. This is along the lines of Rabbi Zeira’s rule that often when something is fit to be done in the optimal manner, the matter works halachically even without the optimal element being done. According to all opinions, if the witness is in court and presents an affidavit and then testifies orally that he stands behind the statements found in the affidavit, the testimony is acceptable.
However we explain the reason for a shtar’s efficacy, it has the following special status. A shtar containing signatures (even when the witnesses are unknown and the signatures have not been authenticated) is considered as if witnesses have been cross-examined by the court (Ketubot 18b). Therefore, those who saw the document can testify about what was found in the shtar, without it being considered like a witness relaying that which he heard from another witness.
In summary, written reports, notarized statements and the like are not normally admissible as full evidence in beit din. However, beit din may choose to hear (or read) "invalid testimony," just that they will not give it the weight that they would give two correctly presented witnesses. Beit din will want to see how the other side will react to the accounts. Therefore, there is no reason that a litigant should not prepare written affidavits, as it is likely that the other side will admit that they are truthful, and the matter may save the beit din and the litigants time.
P'ninat Mishpat (829)
Various Rabbis
141 - Laws of Witnesses
142 - Laws of Witnesses
143 - Medical Malpractice
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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.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
