YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Dina married Reuven and had an affair with Shimon, from which a child was born. Reuven gave Dina a get, in relation to which beit din wrote that Dina is forbidden to marry Reuven or Shimon (because of the affair). Years later she appealed that the prohibition be removed, as she proved that one of the official witnesses at her wedding was a public mechallel Shabbat. (Without two kosher witnesses, a marriage is not valid). However, kosher witnesses were also present at the wedding.
Ruling: The Shulchan Aruch (Even Haezer 42:4) says that a marriage is valid without the principals specifying witnesses, and the Rama adds, in the name of the Rivash, that even if one specified witnesses, others who saw the act of marriage can testify. There are two ways to understand the Rivash. According to one, even if the chosen witnesses were invalid, others who were present can serve as witnesses to validate the marriage. If this is so, Dina’s marriage was valid. However, the Rivash might mean that although only those who were chosen to testify can make the marriage valid, others can testify in court that they saw a valid marriage accomplished with the help of the appointed witnesses. According to the second approach, Dina’s marriage depended only on the two witnesses, and turns out to be invalid when one proved to be unfit.
The Mahari Weil (7) follows the second approach. He says that once witnesses are singled out, only they can serve as witnesses, and any valid witnesses who happen to see the marriage cannot be used to enable it to take effect. The Rosh (Teshuva 60:3) says that when one of the specified witnesses for a will was unfit, other kosher witnesses present can salvage it. However, it is unclear why assigning kosher witnesses excludes invalid witnesses (for, if included, they would disqualify the set of witnesses they are a part of - see Makkot 6a), while assigning non-kosher ones does not eliminate kosher ones.
It appears that when one specifies fit witnesses, we understand that he intends to exclude non-kosher witnesses, who, if included, would destroy the testimony. In contrast, when one specifies witnesses and it turns out that one of them is invalid, there is no reason to think he wants to invalidate kosher witnesses who can salvage the testimony (see Chavot Yair 19).
The Kerem Shlomo (21), in discussing the Rivash, does assume that if the ba’al davar (the person who is doing the process) specifies witnesses that he thought were kosher, others are excluded even if one of the assigned witnesses was invalid. One can explain this approach by saying that even if he has no reason to exclude kosher witnesses, it his words, and not his thought process, that determines matters. However, if it is the officiating rabbi who chose the witnesses, then in a case where his choice turned out to be a bad one, we would discount his ill-advised act of agency and allow kosher witnesses to be included (see Shut Chatam Sofer, EH 100).
In the final analysis we do not have sufficient justification to undo Dina’s marriage to Reuven.
P'ninat Mishpat (829)
Various Rabbis
195 - Levying Fines for Infringement on Intellectual Rights
196 - Marriage Involving an Unfit Witness
197 - An Improperly Written Will
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: How Many Dayanim?
based on ruling 84139-1 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: Return of Down Payment Due to War – part II
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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.
