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In general there are two possible elements to expert testimony. One, which we discussed last time, is when the person testifies factually about that which he observed. His unique role is in the fact that he spent time and used expertise to receive the information. However, experts are often brought, not to present facts, but to give their professional opinion on facts presented by others. Here they are needed not just to not lie but to be trustworthy of giving an objective appraisal, which is much more difficult to ensure.
The distinction between facts and appraisals finds expression in a related area of halacha. A witness may testify about a non-relative with whom he has a significant relationship unless he has a more direct personal interest in the case. However, the relationship is enough to disqualify one from serving as a dayan. The S’ma (33:1) explains the distinction as follows. Regarding testimony, we are not concerned that he will lie. Regarding judgment, that "which depends on logic and thought … changes due to friendship and enmity, even without evil intention."
The type of expert testimony we are discussing involves "logic and thought" similar to that of a judge. For this reason we often find a huge gulf between the witnesses brought by the different sides to the dispute. Therefore, beit din does not treat expert witnesses brought by a litigant as proof. [Editor’s note – There is another distinction. It is difficult to prove that an appraisal, where there is a range of legitimate viewpoints, was purposely fallacious. Furthermore, on a matter where one does not have to see anything in order to testify, it is possible for a litigant to ‘shop around’ until he finds the witness whose (even honest) opinion is close to his.]
The proper way for beit din to act in cases where appraisals are needed in fields that are beyond the dayanim’s expertise is for beit din to choose the expert. We have precedent in halacha for such a concept, in regard to deciding the value of property which will be used as payment for a debt, where three appraisers are called upon to decide (Choshen Mishpat 103). Because there is an element of opinion there, specifically three opinions are elicited. Practically, since it is usually prohibitively expensive to involve three professionals, beit din usually uses one expert witness. [Editor’s note- beit din sometimes encourages the sides to decide among themselves on an expert who is acceptable to both, as long as they do not speak to him independently.] To help balance the matter, the sides are given the opportunity to question the expert and raise questions about his opinion. If the sides want, each can hire his own experts. While they will not be trusted as objective, they can help beit din consider the matter from different viewpoints.
P'ninat Mishpat (829)
Various Rabbis
207 - Expert Witnesses – part I
208 - Expert Witnesses
209 - Wrong Way Collision
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P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 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.
