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The mishna (Bechorot 49a) says that the testimony of one who takes money in order to testify is invalid. This is because it is forbidden to take money for a mitzva, including the mitzva to testify. The Rabbis penalized the one who paid to have the witness testify on his behalf. However, the testimony can become valid if the witness returns the money (Shulchan Aruch, Choshen Mishpat 34:18).
Although the invalidation of a paid witness appears to be rabbinic, the Netivot Hamishpat says that this is true when the witness is paid by both sides evenly; if he is paid by one side, his disqualification is from the Torah, as one who has an interest in the case. In contrast, the K’tzot Hachoshen (34:4) says that even in this case, the disqualification is only rabbinic. Having an interest in a case, which disqualifies from the Torah, is only when the content of the testimony affects the witness. In contrast, in this case, the money is for testifying, not for testifying a specific content.
There are times when it is permitted for a witness to receive payment if the purpose of the payment is to compensate the witness for losses incurred in order to testify. Thus, he may receive s’char batala (compensation for being idle), which includes the money he would have received at work had he not come to testify. The Rama (CM 34:18) says that one may not receive money to testify about that which he already saw, but he may take money to come to witness something so that he can testify about it in the future. This is because the mitzva to testify takes effect only after one has the information which he is asked to testify about.
What is the status of an expert witness, i.e., one who has general knowledge about the topic at hand and is especially qualified to provide information that will impact on the case? It is accepted nowadays in batei din that he may take money to testify. The explanation is that he is not receiving money for providing specific information about what transpired in this case, but is there to provide general knowledge of a topic to the dayanim. However, if one of the litigants unilaterally pays the expert witness, then the latter has an interest in the case. In that case, his testimony is subject to contradiction by the other litigant. Therefore, when preparing a case to present to beit din, it is a waste to pay large sums to expert witnesses that support one’s case, as beit din will have to, in most cases, charge both sides equally for an objective expert witness.
P'ninat Mishpat (829)
Various Rabbis
147 - Medical Malpractice
148 - Disqualifications of Witnesses
149 - Disqualifications of Witnesses
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P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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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.
