YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
The litigants’ claims are affected by the different possible interpretations of the plaintiff’s (=pl) mother’s will, but pl was not involved in its preparation. Pl’s lawyer says that he can answer the questions, as he wrote the will. However, the defendant (=def) counters that the lawyer cannot testify because he has an interest in an outcome for pl’s benefit. Although the lawyer is willing to quit the case and thus not gain from the outcome, perhaps he still has an interest or perhaps he remains invalid to testify either way.
Ruling: There is a professional/ethical matter, as the rules of the Bar Association say that one should not serve as a lawyer in a matter in which he is expected to be a witness. However, beit din accepts the lawyer’s explanation that he did not expect to have to testify and that he offered to withdraw from the case as soon as he found out about the issue.
Regarding testimony of a litigant’s representatives, there are various opinions. However, the Shulchan Aruch (Choshen Mishpat 123:11) rules that a representative can testify as long as he does not receive more pay based on the outcome of the matter about which he is to testify. On the other hand, the Shach (ad loc. 23) says that doing so is unseemly.
In a case where the witness is affected by the outcome of the litigation, the Shulchan Aruch (CM 37:18) accepts the majority opinion that once he distances himself from the case, he may testify. However, the Shach (37:32) says that there are many opinions that once a witness is unfit at the time he witnesses the matter, he cannot later become fit to testify before court, and therefore, one could not extract money based on such testimony.
Regarding the matter of non-monetary interests that a witness has in a case, the K’tzot Hachoshen (37:4) cites a machloket on the matter. The Rama (37:9) says that only monetary benefit or that it which is equivalent to it disqualifies one from testimony. The Shach (ad loc.) asks from the gemara (Bava Batra 44b) that says that a borrower cannot testify when it causes his creditor to have property from which to take payment for a loan, so that the borrower not look bad for not paying. This indicates that any type of benefit disqualifies. The K’tzot cites also the opinions of the Mahari ibn Lev and the Maharit, and he himself distinguishes between the witness, who must be clear of any type of benefit and his relatives, who disqualify him only if they have an actual monetary gain. In any case, since there are many opinions that any benefit disqualifies, this should disqualify pl’s lawyer from testifying in a manner that will enable him to win an award. Even in a case of doubt whether someone does or does not have an interest, we do not allow such a person to testify (Nimukei Yosef to Bava Batra 44b) and if he does, his testimony cannot help to extract money.
Therefore, in our case, where pl’s lawyer wants the will to be viewed as having been done in an effective way, his testimony on how it was done should not be valid to help even his former client after he withdrew from the case.
P'ninat Mishpat (832)
Various Rabbis
179 - Encroachment Regarding Publishing
180 - Testimony After He Quits the Case
181 - A Dayan After the Claims Were Heard
Load More
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
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Israel and the Nations A Few Minutes & Many Innovative Ideas on Antisemitism & What to do About It
As we approach the High Holidays, this short lecture (18 minutes) deals with the unfortunate situation of how Israel and the Jewish People stand against antisemitism, analyzing its cause according to Rav Kook, and how to deal with the issue pragmatically & via our prayers.
Ha'azinu PURSUIT is PERFECTION
p. Ha'azinu, Shabbat Shuva
Rav Kook deals with the question of the seemingly hopeless nature of Tshuva. For G-d Himself knows that He created us with free will, which inevitably means we will sometimes make mistakes and choose wrong. This can easily be frustrating, freezing us into inaction and ye'ush (loss of hope). If one sins even once, does he chalila have no choice but suicide?! Moreover, our Godly conscience demands justice, righteousness and perfection, but we all know this is impossible, so what's the solution? Rav Kook's innovative thinking, strongly based on chazal (our sages), offers an inciteful and important aspect to this topic, especially this time of year!
Sukkot Bug-Free Sukkah: Essential Halachic and Practical Schach Guide
How to inspect, clean, and store bamboo mats and palm branches to protect your mitzvah and holiday meals.
