YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- A Gate to the Din
- Family and Society
- Financial Laws and Tzedaka
- Secular Courts
Case: A Jew litigating in non-Jewish court subpoenaed an important rabbi to testify under oath against another Jew. If he testifies, money may possibly be extracted without two valid witnesses. If he refuses, he is likely to cause a chillul Hashem and be punished. What should he do?
Ruling: The gemara (Bava Kama 113b-114a) says that one may not testify in non-Jewish court when they extract money based on a lone witness, but as one of two witnesses, he may. The gemara then asks whether an important person, to whom the courts give credibility like two witnesses, is forbidden to testify for that reason or whether it is permitted because it is difficult for such a person to get out of testifying. The gemara leaves the question unsolved (teiku). The Ra’avad seems to set the halacha in the following way. In a case where it is not clear how the courts will accept the testimony, we say that there are multiple reasons to allow the testimony: 1) the gemara does not come to a conclusion; 2) it is possible that the testimony will not be given too much weight; 3) he may be forced to swear that he does not know testimony, and it is forbidden to swear falsely.
The Ramah says that such a person should not testify, but if he did, he is not disciplined. However, that may only be referring to a case where they will definitely accept his testimony alone. It is also clear that the Ramah agrees that one does not swear falsely to save someone from the consequences of his testimony. According to some versions, it depends whether the witness was singled out to testify, in which case there is a chillul hashem if he refuses to come. However, it seems clear that the whole gemara is talking about a case where the person was demanded to come and not when he just considered volunteering.
We should look into the logic of the whole matter. Since witnesses who are not causing undue damage (i.e., two witnesses) are permitted to testify, why is it forbidden for one witness who knows the truth to testify honestly? The only thing he is doing is preventing someone from extracting himself from an obligation! The Mordechai is careful in his language in saying that we censor him for the chutzpa of going against the rules of beit din, who do not let him testify because they do not know he is telling the truth. We use the working assumption that the litigant does not owe money in regard to censoring him for his action but cannot extract money from him for causing damage to the litigant because we do not know his testimony is wrong.
If we have someone who is important in the eyes of the non-Jewish courts but not known by beit din for his honesty, we may not let him testify. However, there is a concept of knowing that a person is totally honest (see Ketubot 85b). It is true that we cannot treat that person like two witnesses. However, we can trust him to tell the truth to the extent that we would allow him to testify in the non-Jewish courts and avoidchillul Hashem. Also, if he is compelled to swear, he may do so, obviously truthfully. The only caveat is that if the court obligates the litigant more than it should, based on his testimony, he must pay from his pocket for the damage he caused the litigant even though he was coerced into the situation. That is because while one may save his life at the cost of his friend’s money, he must pay his friend afterward.
Rabbis in Midrash
Lessons
fast navigation
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.
