YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
A husband brought witnesses who testified that his wife acts in an immodest manner, which could be grounds for her requiring a get. The two witnesses were asked about their level of Torah observance. One said that he keeps Shabbat somewhat and puts on tefillin on Shabbat and Yom Tov. The second witness admitted to traveling on a bus on Shabbat.
Ruling: If valid witnesses testified before beit din that the witnesses indeed violated Shabbat, we would disqualify the witnesses. This is based on the Shulchan Aruch (Choshen Mishpat 34: 1-2) that a rasha, as defined as one who violated aveirot for which the punishment is malkot (flogging) or worse, whether he did so out of desire for the sins or to anger Hashem, is an unfit witness. However, in our case, beit din was not presented with testimony of kosher witnesses of such violations. Rather, they spoke against themselves. Thus, we apparently should apply the rule: "One does not disqualify himself [as a witness] based on his own account but only based on witnesses who testify against him, for one does not make himself a rasha" (ibid.:25).
However, the Hagahot Maimoniot (Geirushin 13:20) in the name of the Ra’avya says that one may accept accounts that would not ordinarily be accepted due to the credibility of the source but are matters that are easy to find out about. Although the Ra’avya discussed a different type of case, beit din reasoned that we can accept the principle regarding matters of a witness’ general public behavior, and thus we should believe the witness when he says that he regularly sins.
Regarding the witness who says that he puts on tefillin on Shabbat and Yom Tov, he demonstrates great ignorance and a desire to lie to beit din. This resembles the Rama’s (Shut 13) case of low-class people whose behavior makes them suspect of being invalid witnesses. He says that they are invalid even without specific testimony about sinning that automatically disqualifies. Rabbi Akiva Eiger (I, 99) questions the Rama, since ignorant or troublesome people are disqualified only rabbinically, and the issue the Rama discusses is regarding matters of Torah level. However, he does not argue with the Rama’s ruling. The Beit Meir explains the Rama as follows. People of such description are at least suspect of being invalid from the Torah, in which case, we have no right to make the husband of the woman about whom they testify divorce her. In our case, there is a further issue. The witnesses’ testimony is to be used to try to force a woman to accept a get against her will, which is something that is forbidden by Cherem D’Rabbeinu Gershom. To allow questionable people to facilitate such a thing would be a leniency, not a stringency, which cannot be done in this questionable manner.
P'ninat Mishpat (829)
Various Rabbis
57 - Admissibility of Testimony by a Hired Private Investigator
58 - Validity of Unfit Witnesses
59 - Regretting Allowing a Relative to Testify
Load More
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
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 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
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.
