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- P'ninat Mishpat
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 (835)
Various Rabbis
278 - Misplaced Window?
279 - Partners in Practice
280 - Testimony Not in the Presence of a Litigant
Load More
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
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)
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
