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Beit Din and Dayanim: Difference between revisions
From Halachipedia
→Relatives
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# The following relationships are considered second order relationships (shelishi b'shelishi): | # The following relationships are considered second order relationships (shelishi b'shelishi): | ||
## Second cousins | ## Second cousins | ||
# The halacha is that the first four categories described above are relatives and may not testify together. There is a dispute if the fifth category is considered a relative, Sephardim holding it isn't and Ashkenazim holding it is, and the sixth category certainly isn't a relative. <ref>Shulchan Aruch CM 33:2</ref> | # The halacha is that the first four categories described above are relatives and may not testify together. There is a dispute if the fifth category is considered a relative, Sephardim holding it isn't and Ashkenazim holding it is<ref>Rabbenu Tam (Bava Batra 129a s.v. iy) holds that a great grandfather is disqualified from testifying about his great grandson and the Rif (Bava Batra 56b) and Rambam (Edut 13:4) argue that it is permitted. Shulchan Aruch CM 33:2 quotes the Rambam as the primary opinion but also cites Rabbenu Tam and the Rama says that Ashkenazim hold like Rabbenu Tam. </ref>, and the sixth category certainly isn't a relative. <ref>Shulchan Aruch CM 33:2. The source for relatives being disqualified to testify against one another or together according to Gemara Sanhedrin 27b is the pasuk "לא יומתו אבות על בנים" (Devarim 24:16). The Sama 33:5 infers from the Rama that the disqualification of all relatives is biblical with the exception of someone of one generation with someone two generations apart (shlishi b'rishon). The Rama 33:2 writes that some understood the Rambam to mean that maternal relatives are only rabbinic, however, the Shach 33:1 argues at length with this opinion and says everyone agrees that maternal relatives are biblically disqualified from testimony.</ref> | ||
# Anyone who is disqualified to testify about a man is also disqualified to testify about his wife. Inversely, anyone who is disqualified to testify against a woman is also disqualified to testify against her husband.<ref>Gemara Sanhedrin 28b, Shulchan Aruch CM 33:3</ref> However, regarding the relationships between someone of one generation with someone two generations apart (rishon b'shelishi) if the person is only a relative through marriage he is fit to testify against him.<ref>Yerushalmi Sanhedrin 3:6 asks whether Moshe Rabbenu would have been able to testify about the wife of pinchas and Rabbi Yochanan answers that it is permitted. From here the Rosh (responsa 57:3) learns that a relative two generations apart through marriage is permitted to testify. Shulchan Aruch 33:3 codifies this for the opinion of Rabbenu Tam.</ref> | |||
# The first two categories are disqualified even if it involves going through two marriages.<ref>Shulchan Aruch CM 33:4</ref> Some say that the second category is permitted if it goes through two marriages.<ref>Rama CM 33:4 writes that we hold like this opinion. The Bear Heitiv 33:4 says that initially this should be avoided for judges.</ref> The third category is permitted if it goes through two marriages.<ref>Shulchan Aruch CM 33:4</ref> Initially this should be avoided for witnesses signing a document.<ref>Trumat HaDeshen 226 and Rama CM 33:4 as we're concerned for a Bet Din who will make a mistake and invalidate these witnesses.</ref> | |||
## For example, men who are married to woman who are first cousins (sheni b'sheni) are permitted to testify together.<ref>Shulchan Aruch CM 33:4</ref> | |||
## A man is disqualified to testify about his wife's son-in-law from a daughter from another marriage (rishon b'rishon with two baal k'ishto's).<ref>Shulchan Aruch CM 33:4</ref> | |||
## A man may not testify about his wife's sister's husband i.e. brother-in-law (rishon b'rishon with two baal k'ishto's).<ref>Shulchan Aruch CM 33:4</ref> | |||
## A man may not testify about his wife's sister's son-in-law (rishon b'sheni with two baal k'ishto's). However, a person may testify about his wife's sister's husband's son from another marriage. <ref>Shulchan Aruch CM 33:4</ref> | |||
==Related Pages== | ==Related Pages== | ||
