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The ostensible sources that allow accepting witnesses on behalf of a defendant without the plaintiff all refer to cases that are not equivalent to ours. The Ran (Ketubot 57a of Rif’s pages) refers to a widow who sold property in order to support herself as she deserves, and there is just a question whether she did so in a responsible way. Regarding the Ran’s case, there are special leniencies regarding the payment of a ketuba to a widow.
Even if we extend the leniency to other cases where one is only trying to hold on to that which is in his possession, it should not apply to one who has a chazaka on someone else’s land. This is because one continues to live in the property that was owned by another and needs to remove the other’s established ownership. Even regarding a classic defendant, such as a borrower with a document against him, how can we contemplate accepting witnesses not in the presence of the apparent lender to uproot the latter’s likely rights?
The only case where it makes sense to make an allowance for the borrower is when they are about to extract money from him and the lender is not available to be present at the testimony, as the witnesses can help prevent the extracting of payment. While we do not extract payment from young orphans, they cannot extract money from the widow when she has witnesses. If no one is challenging her, she may not bring the witnesses when the orphans are not able to represent themselves; if they are initiating litigation and are not able to be represented in beit din, then she can bring witnesses in any case.
We find another case where it is permitted to accept witnesses (Tur, Choshen Mishpat 160 in the name of Rabbeinu Yona) – once again, witnesses who saw one living in a certain property and performing chazaka. However, that is yet another case where the litigants are not available and if we wait, the witnesses will no longer be valid. That is similar to the case in the gemara (Bava Kama 112b) of hearing witnesses who are in danger of dying or about to move abroad. Without the factor of inability to wait, we see that this type of testimony would be invalid.
Even after the testimony was accepted, it cannot be validated after the fact. This is especially true because the dayanim made a mistake on a clear matter, which invalidates the processes they undertook. Although there are opinions that the testimony is valid after the fact, one cannot gain rights to that which was once another’s property based on such testimony.
P'ninat Mishpat (825)
Various Rabbis
319 - Partners in Practice
320 - Testimony Not in the Presence of a Litigant
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P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
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Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
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Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
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Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
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Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.