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Case: It was known in the city that Reuven had a theft in his house. A few days later, two young women said that they saw the stolen object in Shimon’s house, but Shimon denies it.
Ruling: There is a machloket among the dayanim hearing the case if these women’s testimony can be accepted. One cites the Rama (Choshen Mishpat 35:14), based on the Terumat Hadeshen (353) that there is a special enactment that women’s testimony can sometimes be accepted. Other dayanim say that the cases are not similar, as the Terumat Hadeshen is discussing testimony about a woman’s seat in ashul’s women’s section and testimony about which clothes a woman wore while her husband was alive. These are topics about which only women are likely to know.
P'ninat Mishpat (832)
Various Rabbis
391 - Delay in Return of Rented Horse Due to Predictable Flooding
392 - Women’s Testimony on Seeing a Stolen Object
393 - Compensating a Cellphone Owner for Damage Caused During a Repair Attempt
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In fact, the dayan should not have cited the Terumat Hadeshen, as he is discussing the halacha based on Talmudic law. What is pertinent is the Rama (ibid.) based on the Maharik (179), who accepts the testimony of a woman, a relative, or a minor about such things as the disgrace of a respected person. This ruling is a special enactment, not Talmudic law.
On the other hand, the dayanim who reject the testimony because it differs from the Terumat Hadeshen’s case are also not understood, as the Rama includes cases such as seeing a person being disgraced, which is a situation where men and women are equally likely to be present. Rather there are two concepts. In a place where only women are expected to know, we trust them, just as we rely on a midwife to say which twin was born first (Kiddushin 73b). The matter about disgrace is a later enactment relating to uncommon events which occur suddenly without a way to clarify what happened without the women’s testimony. In that case, the Rama (ibid.) limited the acceptance of the testimony to cases where the plaintiff makes a definite claim. This factor is missing here, as Reuven knows only that he was robbed, but not that Shimon was involved.
Our case is different from that of the Rama for another reason. The enactment was for cases where something happened suddenly, so that fit witnesses could not be brought. This could apply to a theft as well. However, regarding seeing Shimon’s possession of the stolen object, the women could have called fit witnesses to confirm the matter. Thus in a case like ours there is no special enactment to enable accepting the women’s testimony.
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 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: To Whom Do the Payments Go? – part I
based on ruling 81075 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
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(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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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)
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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)
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Parshat Re'eh
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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.
