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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 (829)
Various Rabbis
319 - Partners in Practice
320 - Testimony Not in the Presence of a Litigant
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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: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
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
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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.
