Beit Midrash

  • Sections
  • P'ninat Mishpat
קטגוריה משנית
To dedicate this lesson
undefined
Case: The plaintiff wanted to bring as a witness an agent who worked for the defendant. The defendant requested that beit din not allow the agent to testify because he is unfit to testify in this case for several reasons. Firstly, the agent is at odds with the defendant, and they are in the midst of adjudication. There is also a claim that the witness has been involved in criminal activity. He also is claimed to be a nogeiah badavar (one who has an interest in the outcome of the adjudication at hand), for if it is discovered that he acted without authority in this case, he may have to pay for that action.

Ruling:Despite the aforementioned, beit din decided to hear the witness’ testimony even if it were determined that it does not have the standing of kosher testimony. Beit din just has to be careful not to accept the testimony as direct grounds to decide the monetary issue.
The basis for this approach is the idea we see in the poskim that there is no prohibition to hear testimony from one who is not fit. The Shulchan Aruch (Choshen Mishpat 28:2) cites two opinions on whether one can force a relative to testify. The context is when one makes a cherem (ban) to make all witnesses testify, and the question is whether a relative or even a litigant must testify. Admittedly, the opinion that they are not required is the main one. However, it is apparent that the only question is whether they are required to come, but clearly if they step forward, there is no problem to listen to them. This is despite the fact that their testimony could not possibly be directly responsible for apportioning payment to one side or the other.
What, then, can be gained by the testimony? The Rambam (Sanhedrin 21:10) writes, in explaining that a dayan should not help a litigant, that when one witness testifies against a litigant, beit din should not say that beit din does not accept one witness [for payment]. Rather they should say: "The witness testified against you," with the hope that the litigant will admit that the witness testified accurately or not challenge him. The Haghot Oshri also describes the practice of having unfit witnesses testify as a special rule of batei din to uncover the truth (see Halacha Psuka (Eidut p. 54)).
Our experience shows that there is a lot to be gained from bringing such witnesses, as it helps greatly to uncover the truth. It forces the litigants to relate to details of the case in light of the testimony in a manner that beit din and the other litigant would not succeed to do without the testimony.
In this case, the witness actually confirmed much of the defendant’s, not the plaintiff’s, version of the story, and in many of the points, the plaintiff did not question that which was said.
In summary, whatever the exact benefit that can come out of it, beit din may allow the sides to call people to testify, even when they are halachically unfit, even though the testimony cannot be relied upon.


fast navigation
Lessons
    undefined
    Beha'alotcha

    The Consolation of Lighting the Menora - Rav Kook at the Third Shabbat Meal

    15 Sivan 5784
    undefined
    Beha'alotcha

    Why Was Miriam Punished?

    Rabbi Yosef Tzvi Rimon | 5777
    undefined
    Prayer

    ?How we should dress for Prayer

    Chapter five-part two

    Chapter five-part two

    Rabbi Eliezer Melamed | 5775
    undefined
    Prayer

    Who Can Be Counted in a Minyan?

    Chapter Two-part three

    Can every ten men be a Minyan or are there other conditions?

    Rabbi Eliezer Melamed
    undefined
    P'ninat Mishpat

    Historical View of Rav Mordechai Yaakov Breish (Chelkat Yaakov)

    Various Rabbis | 5775
    undefined
    Happy Occasions

    Fasting and Feasting on a Yahrzeit

    “My father’s yahrzeit falls during the week of sheva brachos for my grandson. May I attend the sheva brachos?” "My yahrzeit falls on Shabbos this year. Do I fast on Friday or Sunday instead?" "I usually fast on my father’s yahrzeit, but someone is honoring me with sandaka’us on that day. Do I fast, and do I need to be matir neder in the event that it is permitted to eat?"

    Rabbi Yirmiyohu Kaganoff
    undefined
    Revivim

    Halakha on Abortion of Fetuses with Severe Abormalities

    A fetus is considered a living entity in regards to certain laws, but there is no penalty of death for taking its life. What do the rabbinical decisors say?

    Rabbi Eliezer Melamed
    undefined
    The Haggadah

    Shir Hashirim

    Deeper meaning of Shir Hashirim, The Song Of Songs.

    Various Rabbis | 5770
    undefined
    The Giving of the Torah

    The Day of the Rains and the Giving of the Torah

    According to our Sages, The Day of the Rain is as great as, or even greater than the day of the Giving of the Torah. The basis for this comparison is discussed in depth, as well as additional aspects of the connection between the rains and the Torah.

    Rabbi Uzi Kalchaim zt"l | 5770
    undefined
    The Torah Perspective

    Secular Zionism in the Eyes of Rav Kook.

    How can we understand the rebellion against religion over the past century? What does the world gain spiritually from this rebellion which was foreseen in the mishna 1,800 years ago as part of the period preceding the mashiach? Only after we understand the rebellion can we glean the benefit and relate to our brothers properly.

    Rabbi Ari Shvat | 5769
    undefined
    Redemption - Geula

    When Moshiach Comes

    A summary of the different Brachot we will bless when the Moshiach will walk through the door.

    Rabbi Yirmiyohu Kaganoff | Iyar 5768
    undefined
    Marriage and Relationships

    The Role of Parents in Marriage

    Today, parents can fulfill the commandment of marrying off their children by providing them with a good education at prestigious schools, supporting them so that they be able to learn a profession, and clothing them in attractive attire.

    Rabbi Eliezer Melamed | 5764
את המידע הדפסתי באמצעות אתר yeshiva.org.il