16,374
edits
Beit Din and Dayanim: Difference between revisions
From Halachipedia
→Edim
(→Edim) |
|||
| Line 52: | Line 52: | ||
# The witnesses are called edim and must testify exactly what they heard and not just say someone is obligated to pay his friend because sometimes if the witnesses heard a person admit he owes money in truth he isn't obligated. <ref>Shulchan Aruch CM 32:1</ref> | # The witnesses are called edim and must testify exactly what they heard and not just say someone is obligated to pay his friend because sometimes if the witnesses heard a person admit he owes money in truth he isn't obligated. <ref>Shulchan Aruch CM 32:1</ref> | ||
# If a person hired false witnesses to testify that Reuven owes Shimon money and Reuven was awarded money based on these false edim, if in the truth Reuven didn't owe Shimon, Shimon doesn't admit that he doesn't deserve the money, the edim don't admit to lying, and the one who hired them does admit that he hired them as false witnesses, in the heavenly court he is obligated to pay Reuven for his loss.<ref>Bava Kama 55b, Shulchan Aruch CM 32:2</ref> | # If a person hired false witnesses to testify that Reuven owes Shimon money and Reuven was awarded money based on these false edim, if in the truth Reuven didn't owe Shimon, Shimon doesn't admit that he doesn't deserve the money, the edim don't admit to lying, and the one who hired them does admit that he hired them as false witnesses, in the heavenly court he is obligated to pay Reuven for his loss.<ref>Bava Kama 55b, Shulchan Aruch CM 32:2</ref> | ||
# Anyone who is invalid to be a judge is also invalid to be a witness except someone who loves or hates the litigant, who is invalid as a judge but valid as a witness.<ref>The gemara Sanhedrin 29a states that even according to the rabbanan who say that someone who loves or hates a litigant is valid as a witness is invalid as a judge and learn it from a pasuk. Shulchan Aruch CM 33:1 rule like the rabbanan. The Sama 33:1 explains that whereas for testimony we assume that someone who loves or hates the litigant won't lie in court and alter the facts he witnessed, the role of a judge involves much more subjective assessments which could be easily biased. </ref> | |||
===Relatives=== | |||
# The following relationships are considered first order relationships (rishon b'rishon): | |||
## A sibling with another sibling, maternally or paternally or both, | |||
## A parent and a child | |||
## A husband and wife | |||
# The following relationships are considered relationships between someone of one generation with someone one generation apart (rishon b'sheni): | |||
## A descendant of a sibling | |||
## A grandchild | |||
# The following relationships are considered second order relationships (sheni b'sheni): | |||
## First cousins, | |||
# The following relationships are considered relationships between someone of one generation with someone two generations apart (rishon b'shelishi): | |||
## A great grandchild | |||
## A grandchild of sibling | |||
# The following relationships are considered relationships between someone of a second generation with someone one generation apart (sheni b'shelishi): | |||
## A cousin to a descendant of a cousin | |||
==Related Pages== | ==Related Pages== | ||
