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Beit Midrash
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- P'ninat Mishpat
Who is a relative in these matters? The relationship of brothers is considered a first degree relationship (rishon b’rishon). The son of one of the brothers with his uncle is called a first with a second (rishon b’sheni). First cousins are second with second (sheni b’sheni). These relationships all disqualify one to testify. The next level of relationship, namely the grandsons of brothers (second cousins) or third with third (shlishi b’shlishi), does not disqualify. Even the grandson of one brother with the son of another (sheni b’shlishi) does not disqualify. These rules are even for a "half" relationship, based on brotherhood through a father or a mother alone. Also, "a husband is like his wife." This means that when two people are close enough, the disqualification applies to their spouses as well. However, the relatives of the spouses are fit to testify for or against their in-law’s relatives.
In addition to not testifying about a relative, two relatives may also not testify together about any issue. Furthermore, witnesses may not be relatives of the judges (who also may not be each other’s relatives).
The Torah says: "Do not place your hand with a rasha (wicked person) to be a corrupt witness." Chazal learn from this that a rasha is disqualified to serve as a witness. In this regard, one who violates a negative commandment that carries the punishment of flogging is a rasha. If one violates rabbinic prohibitions, he is unfit on a rabbinic level. The Amoraim dispute whether the "wickedness of corruption" refers only to one who sins for monetary gain or whether anyone who willfully violates a Torah law is disqualified (we accept the latter view). Some Rishonim say that a rabbinic violation and disqualification applies only if he violated it for a specific gain. Thus, for example, one who signed as a witness on a loan contract that includes usury (which is rabbinically prohibited) is not disqualified (Rama, Choshen Mishpat 34:3). Another difference between one who violates a rabbinic prohibition as opposed to a Torah-level one is that he is disqualified only if beit din formally pronounces him to be unfit, which rarely transpires in our times.
Finally, in order for one to be disqualified as a rasha, he must be fully aware that the action he performed is a sin. The logic of the disqualification is that someone who does not care about his moral obligations may not care about the need to testify truthfully. This contradicts the absolute credibility the Torah awards fit witnesses. There is no reason to suspect though that one who violates a prohibition he was not fully aware of will violate the prohibition of testifying falsely given that the latter is something that all understand.
P'ninat Mishpat (829)
Various Rabbis
149 - Disqualifications of Witnesses
150 - Disqualifications of Witnesses
151 - Conflicting Wills in Regard to a Home
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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: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part I
based on ruling 84044 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.
