Trusting Others for Kashrut: Difference between revisions
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==''Ein Dvar She'be'ervah Pachot Mshenayim''== | ==''Ein Dvar She'be'ervah Pachot Mshenayim''== | ||
===Marriage=== | ===Marriage=== | ||
#One witness is not trusted in matters of Dvar She'be'ervah such as to say that a woman is married or divorced.<ref>Kiddushin 65b </ref> | #One witness is not trusted in matters of Dvar She'be'ervah such as to say that a woman is married or divorced.<ref>Kiddushin 65b. | ||
There are several approaches conceptually how to understand dvar she'be'ervah: | |||
* Some say that testimony about an individual that would establish a marriage as being ineffective (ein tefisat kiddushin) is considered dvar she'be'ervah (Rabbi Akiva Eiger teshuvot 124-125). Rabbi Akiva Eiger argues that dvar she'be'ervah doesn't depend on how strict the prohibition is. Since mamzerut is a result of marriage not being able to be effectuated (ein tefisat kiddushin) that is why it is dvar she'be'ervah. Establishing the children as mamzerim even though the parents aren't part of the question is also dvar she'be'ervah. His proof is that adultery is dvar she'be'ervah even though afterwards it is only a lav for a husband to stay married to his wife and not karet. He explains that adultery is considered to have the status of ervah in Yevamot 11b like a chayvei karitut. Whether a woman needs chalitza is also dvar she'be'ervah (Mordechai Yevamot 12:58) since it can cause the marriage without chalitza to be invalid (ein tefisat kiddushin) as in Yevamot 92b. Even regarding a cohen's wife being violated is also dvar she'be'ervah since that considered like ervah (Yevamot 56b). | |||
* Some say that testimony about an event that involved an act that was chayev karet is considered dvar she'be'ervah (Chavot Daat cited by Rabbi Akiva Eiger 124-125). Chavot Daat says that proving someone is not a mamzer is not a dvar she'be'ervah because if the children would marry someone else that would only involve a lav and not karet. Adultery is dvar she'be'ervah since it is about an act of ervah. He explains that requiring a woman chalitza is dvar she'be'ervah since it the act of marrying without chalitza is like ervah. So too with a cohen's wife being violated that it too is act an act of erveh even though the resulting prohibition is only a lav. Nodeh Beyehuda adopts this type of approach and writes that there's only dvar she'be'ervah if it involves karet but since lacking chalitza is only a lav it isn't a dvar she'be'ervah, unlike the Mordechai. | |||
* Some say that testimony which forbids a husband to his wife is considered dvar she'be'ervah (Eretz Hatzvi siman 14 in explaining the Rambam). | |||
* Some say that testimony about the status of a person from birth which is passed to his descendants is considered dvar she'be'ervah (Kehilat Yakov Ketubot 14 explaining the Shev Shmaytata 6:15, cited by Shamayta Hamevueret). [Shev Shamaytata 6:15 can be explained to mean that personal status requires two witnesses but is not dvar she'be'ervah as Shmayta Hamevuret explains.] A similar idea is found in Eretz Hatzvi siman 14 in explaining most rishonim where he writes that testimony about the status of a person is considered dvar she'be'ervah. There he quotes this from Machaneh Efraim (Hilchot Edut 13) and Avnei Nezer CM 40. [Even though both say that testimony about the status of a person requires two witnesses, neither say that this is based on dvar she'be'ervah. Machaneh Efraim in fact sounds like that this is another principle.] | |||
**[Machaneh Efraim (Edut n. 13) answers for the Rambam that saying a woman is a divorcee isn't dvar she'be'ervah since at the time of the testimony she wasn't married to a cohen. Alternatively, he explains that testimony about a person requires two witnesses, while testimony about an object does not. Alternatively, testimony to change a chazaka requires two witnesses. Testifying that someone is a ben gerusha or chalutza when we thought he was a cohen requires two witnesses. The last two answers seem to just be discussing whether it needs two witnesses and not whether it is dvar she'be'ervah. Igrot Moshe YD 2:127:6 s.v. vshitat clarifies this point.]</ref> | |||
===Conversion=== | |||
#There is a dispute whether testimony about conversion is considered dvar she'be'ervah and requires two witnesses or not.<ref> Nodeh Beyehuda 54 holds that testimony whether a person is Jewish or not is considered dvar she'be'ervah. Igrot Moshe YD 2:127 argues because the primary question of whether he is Jewish has many ramifications and isn't purely about marriage.</ref> | |||
===Adultry=== | ===Adultry=== | ||
#Testifying that a woman had an affair requires two witnesses because it is dvar she’be’ervah.<ref>Kiddushin 66a, Rambam Ishut 24:18, Shulchan Aruch E.H. 178:9</ref> | #Testifying that a woman had an affair requires two witnesses because it is dvar she’be’ervah.<ref>Kiddushin 66a, Rambam Ishut 24:18, Shulchan Aruch E.H. 178:9</ref> | ||
