YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
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.
P'ninat Mishpat (832)
Various Rabbis
239 - Closing Agreement Under Pressure
240 - Listening to a Non-Kosher Witness
241 - Laying Off a Worker During Pregnancy
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: Undoing a Problematic Partnership – part III
based on ruling 84061 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: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
