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Kosher Witnesses: Difference between revisions
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===Sinners=== | ===Sinners=== | ||
# Somebody who is guilty of stealing is not considered a valid witness.<ref>Shulchan Aruch CM 34:7, Halachos of Other People's Money pg. 79</ref> Thus, his testimony is not admissible in beit din, and contracts signed by him aren't valid.<ref>Shulchan Aruch CM 34:7, Halachos of Other People's Money pg. 79</ref> However, if when he stole he mistakenly believed that what he was doing was not prohibited, he remains a valid witness.<ref>Halachos of Other People's Money pg. 80 based on Gemara Baba Metzia 4a (Shulchan Aruch 92:4), 5b (Sm"a 359:14) and 6a (Shulchan Aruch 92:3) </ref> For example, if somebody didn't realize that stealing from a non-Jew was prohibited, he would not be invalidated as a witness unless he was informed that this was prohibited and would disqualify him as a witness.<ref>Halachos of Other People's Money pg. 80 based on Radvaz 4:205, quoted by Rabbi Akiva Eiger Choshen Mishpat 34. see Halachos of Other People's Money pg. 80 note k that this must be what he believes sincerely, and not that he rationalizes his actions by saying that everybody does it</ref> | |||
# A gambler, someone who collects interest, and someone who profits from produce produced during shemita are examples of invalid witnesses in general and specifically for Kiddushin.<ref> Mishna Sanhedrin 24b. The Gemara explains that all of these fall under the category of theft because people who violate laws when it comes to money cannot be trusted in telling the truth in general.</ref> | # A gambler, someone who collects interest, and someone who profits from produce produced during shemita are examples of invalid witnesses in general and specifically for Kiddushin.<ref> Mishna Sanhedrin 24b. The Gemara explains that all of these fall under the category of theft because people who violate laws when it comes to money cannot be trusted in telling the truth in general.</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> | # 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> | ||
==Laws for Witnesses== | ==Laws for Witnesses== | ||
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==Witnesses for a Wedding== | ==Witnesses for a Wedding== | ||
# Relatives cannot be eidim for the chosson and kallah nor can the eidim be related to each other. <ref> There is a discussion as to which type of relatives cannot serve as eidim. The psak is that although strictly speaking only a rishon be’rishon, a sheni be’sheni, or a shlishi beshlishi cannot serve as eidim, we are machmir that even a revi’i berevi’i should not serve as eidim. These terms describe how many generations removed the relation is. For example, a rishon berishon are siblings because their parents are one generation above them and are the cause of the relation between them. A sheni besheni are first cousins, because their grandparents are the common ancestor, who are the source of their relation. So we say that shlishi beshlishi is not permitted to be eidim together, which are three generations removed from the source of their relation, and we are machmir to not even allow revi’i berevi’i to be eidim together, which are four generations removed from the source of their relation. Even if someone married into the family and is not related by blood, they are still not permitted to serve as eidim for the chasan and kallah. See [http://www.yutorah.org/lectures/lecture.cfm/820596/Rabbi_Aryeh_Lebowitz/From_The_Rabbi's_Desk_-_Wedding_Questions Wedding Questions<nowiki>]</nowiki>] by Rabbi Aryeh Lebowitz </ref> | # Relatives cannot be eidim for the chosson and kallah nor can the eidim be related to each other. <ref> There is a discussion as to which type of relatives cannot serve as eidim. The psak is that although strictly speaking only a rishon be’rishon, a sheni be’sheni, or a shlishi beshlishi cannot serve as eidim, we are machmir that even a revi’i berevi’i should not serve as eidim. These terms describe how many generations removed the relation is. For example, a rishon berishon are siblings because their parents are one generation above them and are the cause of the relation between them. A sheni besheni are first cousins, because their grandparents are the common ancestor, who are the source of their relation. So we say that shlishi beshlishi is not permitted to be eidim together, which are three generations removed from the source of their relation, and we are machmir to not even allow revi’i berevi’i to be eidim together, which are four generations removed from the source of their relation. Even if someone married into the family and is not related by blood, they are still not permitted to serve as eidim for the chasan and kallah. See [http://www.yutorah.org/lectures/lecture.cfm/820596/Rabbi_Aryeh_Lebowitz/From_The_Rabbi's_Desk_-_Wedding_Questions Wedding Questions<nowiki>]</nowiki>] by Rabbi Aryeh Lebowitz </ref> | ||
# The mesader kiddushin is responsible to ensure that the witnesses for the kiddushin are valid witnesses.<ref>Halachos of Other People's Money pg. 81, Hanisuin Kehilchatam pg. 234 </ref> | |||
==Links== | ==Links== | ||
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==Sources== | ==Sources== | ||
<references/> | <references/> | ||
[[Category:Choshen Mishpat]] | |||
