Trusting Others for Kashrut: Difference between revisions
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→Adultry
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#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> | #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> | ||
=== | ===Adultery=== | ||
#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> | ||
===Not Against a Chazaka=== | ===Not Against a Chazaka=== | ||
#If the witness is not contradicting a chazaka, previously presumed status, he is trusted even for dvar she'be'ervah.<ref>Shev Shmaytata 6:3 based on Teshuvot Maimoni and Maharik. Hamikneh (Kiddushin 66b) and Maharam Shik EH 141 s.v. vezeh nireh agree to this principle.</ref> Some argue that a single witness is not trusted for dvar she’be’ervah even if there’s no chazaka.<ref> [https://www.hebrewbooks.org/pdfpager.aspx?req=1161&st=&pgnum=213 Rabbi Akiva Eiger (1:124 s.v. gam byesod)] argues that from Tosfot and the Ran it sounds like he is not trusted on dvar she’be’ervah even if there’s no previous chazaka.</ref> | #If the witness is not contradicting a chazaka, previously presumed status, he is trusted even for dvar she'be'ervah.<ref>Shev Shmaytata 6:3 based on Teshuvot Maimoni and Maharik. Hamikneh (Kiddushin 66b) and Maharam Shik EH 141 s.v. vezeh nireh agree to this principle.</ref> Some argue that a single witness is not trusted for dvar she’be’ervah even if there’s no chazaka.<ref> [https://www.hebrewbooks.org/pdfpager.aspx?req=1161&st=&pgnum=213 Rabbi Akiva Eiger (1:124 s.v. gam byesod)] argues that from Tosfot and the Ran it sounds like he is not trusted on dvar she’be’ervah even if there’s no previous chazaka.</ref> | ||
