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A couple is in divorce proceedings. The husband, claiming infidelity, presented beit din with a private investigator he hired to attest to the matter. Is his testimony (eidut) admissible?
Ruling : The gemara (Bava Batra 44b) discusses the case of Reuven who sold a field to Shimon without responsibility to reimburse him if the field is taken away from him because of Reuven. Levi claims that Reuven had stolen the field. The gemara says that Reuven cannot testify that the field was his because he benefits from the field being in Shimon’s possession because his creditors can use the field for payment. If he would have had to reimburse Shimon, he would have no advantage to testify because if his creditor would take the field, he would have to likewise reimburse Shimon. Only in this case, he is influenced by the need to avoid being a borrower who does not return the money. The Ri Migash (see Ramban, ad loc.) asks how one would be more influenced by the moral need to return a loan than by the prohibition not to testify falsely. He gives two answers: 1) One who is unfit because of connection to the case (nogei’ah) is not suspected of lying but is like a relative who is unfit regardless. 2) The blemish of testifying falsely is not known to the public, as the failure to return a loan is. The answers differ as to whether there is a fear of lying regarding one with interests in a case.
The mishna (Bechorot 29a) says that the eidut of one who received money to testify is unfit (pasul). The Rishonim say that this is a rabbinic penalty for one who charged money to do a mitzva. If we say that a nogei’ah is pasul like a relative, then one who receives money but is not a party to the case is pasul only rabbinically, as the payment is external. If a nogei’ah is pasul due to fear of false eidut, this applies also to the one who was paid to testify, and the p’sul would be from the Torah. It is rabbinic only when both sides pay the witness equally. The Netivot (34:10) accepts the latter approach, making the p’sul from the Torah.
The Masat Binyamin (98) says that if one is paid only if his eidut helped win the case, it is invalid from the Torah; otherwise, it is rabbinic. The Rashba (III, 11) says that one who is not obligated to testify (i.e. the event did not yet occur) and is paid to come witness something to testify about it, it is fit. Thus, a private investigator is not pasul for receiving money to collect information, and the matter depends on if they are paid to come to court or to win.
What about the impact of professional reputation? The Ra’avad and Tur (CM 37) posit that one does not lie now because of the possibility that in new circumstances the testimony could be helpful. Thus, in case like ours that there is only a chance that helping the client will improve his reputation to his benefit, he is not pasul.
P'ninat Mishpat (829)
Various Rabbis
56 - Place of Adjudication
57 - Admissibility of Testimony by a Hired Private Investigator
58 - Validity of Unfit Witnesses
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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: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Multiple Agreements and Parties – part IV
based on final ruling of 80082 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.
