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Beit Midrash
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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 (829)
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 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: Undoing a Problematic Partnership – part II
based on ruling 84061 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
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.
