Trusting Others for Kashrut: Difference between revisions
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→Ed Echad Neeman Bissurim
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==''Ed Echad Neeman Bissurim''== | ==''Ed Echad Neeman Bissurim''== | ||
# There is a biblical principle that a single adult Jew is trust about the permitted status of an object or food. | # There is a biblical principle that a single adult Jew is trust about the permitted status of an object or food.<ref>Shulchan Aruch Y.D. 127:3</ref> | ||
# This principle applies equally to men and women.<ref>Tosfot Pesachim 4b s.v. heymnuhu, Rashba (Torat Habayit 1:1 7b, Likutim Pesachim 4b s.v. hakol), Maharam Chalavah Pesachim 4b s.v. kiyvan, Ritva Pesachim 4b s.v. hiymninhu. The Meiri Pesachim 4b summarizes 6 approaches in the rishonim: | ===To Forbid Something=== | ||
#One witness is trusted to permit something but not to forbid something.<Ref>Shulchan Aruch Y.D. 127:3</ref> Something which has no chazaka that it is permitted or forbidden a single witness is trusted to even make it forbidden.<ref>Rama Y.D. 127:3</ref> | |||
===If There Is a Chazakat Isur=== | |||
#Something which has a chazaka to be forbidden a single witness is not trusted unless it is in his hands to fix.<ref>Rama Y.D. 127:3. Shev Shmaytata 6:1 quotes that Tosfot kiddushin 65b and Mordechai Yevamot 88a hold that an ed echad is not trusted against a chazaka, but Rashba holds that he is.</ref> | |||
===Women=== | |||
# This principle applies equally to men and women.<ref>Tosfot Pesachim 4b s.v. heymnuhu, Rashba (Torat Habayit 1:1 7b, Likutim Pesachim 4b s.v. hakol), Maharam Chalavah Pesachim 4b s.v. kiyvan, Ritva Pesachim 4b s.v. hiymninhu, Rama Y.D. 127:3. The Meiri Pesachim 4b summarizes 6 approaches in the rishonim: | |||
*One opinion holds that women are not trusted for anything which has a forbidden status which would need to be changed. Therefore, one couldn't trust a woman about removing trumot, maaser, doing nikkur on the gid or chelev. However, one could trust them about checking vegetables for bugs since there is no forbidden status on the vegetables. | *One opinion holds that women are not trusted for anything which has a forbidden status which would need to be changed. Therefore, one couldn't trust a woman about removing trumot, maaser, doing nikkur on the gid or chelev. However, one could trust them about checking vegetables for bugs since there is no forbidden status on the vegetables. | ||
*One opinion holds that women are always trusted even if it is a difficult or arduous task. This is the opinion of the Ritva and conclusion of the Meiri. | *One opinion holds that women are always trusted even if it is a difficult or arduous task. This is the opinion of the Ritva and conclusion of the Meiri. | ||
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*One opinion holds that women are trusted only about what men did and not about what they did themselves. This is the opinion of the Raavad Ketubot 72a in Katuv Sham.</ref> However, something which isn't clearly forbidden and is only forbidden because of an uncertainty such as checking for non-kosher fish among kosher ones, or something which could be rationalized to be permitted, or it is very difficult and tedious process such as removing the gid and chelev of the hide quarters of an animal a woman is not trusted.<ref>Hagahot Ashri Pesachim 1:3, Shach 127:30, Chachmat Adam 72:14</ref> | *One opinion holds that women are trusted only about what men did and not about what they did themselves. This is the opinion of the Raavad Ketubot 72a in Katuv Sham.</ref> However, something which isn't clearly forbidden and is only forbidden because of an uncertainty such as checking for non-kosher fish among kosher ones, or something which could be rationalized to be permitted, or it is very difficult and tedious process such as removing the gid and chelev of the hide quarters of an animal a woman is not trusted.<ref>Hagahot Ashri Pesachim 1:3, Shach 127:30, Chachmat Adam 72:14</ref> | ||
# If a woman says that she gave birth to a baby boy immediately after 3 stars came out on Friday night and the milah should be on Shabbat, some say that they can't do the milah on Shabbat.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=716&pgnum=10 Divrei Emet YD 1:1], Rav Bechor Dovid (Rabbi of Constantinople beginning of eighteenth century) writes a lengthy responsa on this case. He explains that although the Tosfot Eruvin 59a holds that we can't trust a woman about establishing the techum if it would have been a biblical prohibition, and therefore, to establish any matter of Shabbat that is biblical she wouldn't be trusted, most rishonim disagree. In fact, he proves this from the Ramban, Rashba, Ran, Raah, Rosh, Maharam, Mordechai, Riaz, Tosfot Gittin and Yevamot and thinks that we follow them against the Tosfot Eruvin and in general a woman has the status of an ''ed echad'', one witness. However, with regards to establishing when is Shabbat or a Yom Tov, he concludes that there is a dispute between the rishonim whether an ''ed echad'' is trusted. According to the Yerushalmi Yoma 3:1 one witness is trusted if his statement can be verified by other people. According to the Rambam Kiddush Hachodesh 3:14 only a witness who is kosher for regular testimony of two is kosher on his own to establish something of Shabbat or Yom Tov. According to the Riaz cited by Shiltei Giborim Ketubot 72a even a woman is trusted regarding the establishment of Shabbat or Yom Tov whether or not it could be verified. Therefore, in a regular case when one woman says she gave birth on Shabbat unless others were around at the time, it isn't verifiable by others and only the Riaz who allow relying on the woman in this case.</ref> | # If a woman says that she gave birth to a baby boy immediately after 3 stars came out on Friday night and the milah should be on Shabbat, some say that they can't do the milah on Shabbat.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=716&pgnum=10 Divrei Emet YD 1:1], Rav Bechor Dovid (Rabbi of Constantinople beginning of eighteenth century) writes a lengthy responsa on this case. He explains that although the Tosfot Eruvin 59a holds that we can't trust a woman about establishing the techum if it would have been a biblical prohibition, and therefore, to establish any matter of Shabbat that is biblical she wouldn't be trusted, most rishonim disagree. In fact, he proves this from the Ramban, Rashba, Ran, Raah, Rosh, Maharam, Mordechai, Riaz, Tosfot Gittin and Yevamot and thinks that we follow them against the Tosfot Eruvin and in general a woman has the status of an ''ed echad'', one witness. However, with regards to establishing when is Shabbat or a Yom Tov, he concludes that there is a dispute between the rishonim whether an ''ed echad'' is trusted. According to the Yerushalmi Yoma 3:1 one witness is trusted if his statement can be verified by other people. According to the Rambam Kiddush Hachodesh 3:14 only a witness who is kosher for regular testimony of two is kosher on his own to establish something of Shabbat or Yom Tov. According to the Riaz cited by Shiltei Giborim Ketubot 72a even a woman is trusted regarding the establishment of Shabbat or Yom Tov whether or not it could be verified. Therefore, in a regular case when one woman says she gave birth on Shabbat unless others were around at the time, it isn't verifiable by others and only the Riaz who allow relying on the woman in this case.</ref> | ||
===Relatives=== | |||
# Someone who is invalid to be a witness for testimony, such as relatives,<Ref>Darkei Teshuva 127:27 quoting Yeshuot Yisrael and Sheilat Dovid (Drishat Tzion Vyerushalayim n. 2). See Ketubot 25b where a relative is not trusted for testifying that a certain person is a cohen to eat trumah which many rishonim write is a dvar she'be'isur (Ran on Rif 10b, Tosfot 24a s.v. vchen, Rosh Gittin 5:8:12, Bet Shmuel 2:7). This would imply that a relative is not trusted to testify about isurim.</ref> is trusted as a single witness for ritual matters.<ref>Rama Y.D. 127:1</ref> However, someone who is invalid to be a witness because of sins is a question if he is trusted as a witness for ritual matters.<Ref>Darkei Teshuva 127:27 quoting Yeshuot Yisrael</ref> | |||
==''Ein Dvar She'be'ervah Pachot Mshenayim''== | |||
#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> 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> | |||
#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> | |||
# A single witness is trusted even against a chazaka if it is in his hands to fix and there is a migo he is trusted even for a dvar she’be’ervah.<Ref>Shev Shmaytata 6:1 based on Yevamot 88a</ref> | |||
# Testifying whether a woman requires chalitza or not to be permitted to remarry is a dispute if it is a dvar she’be’ervah or not.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=14661&st=&pgnum=251 Nodeh Beyehuda EH 54] writes that it is not a dvar she’be’ervah since it is only a lav and not karet. He disputes the view of the Mordechai that it is a dvar she’be’ervah. Maharam Shik EH 141 brought a proof for the Mordechai. [https://www.hebrewbooks.org/pdfpager.aspx?req=1161&st=&pgnum=214 Rabbi Akiva Eiger 1:124 s.v. lechora] accepts the Mordechai.</ref> | |||
===Establishing Someone a Cohen or Removing Them=== | |||
# Testifying that someone is or is not a cohen some say that it requires two witnesses from the Torah.<ref>Sifrei Devarim (Parshat Shoftim 188:15) explicitly states that in order to establish someone as a cohen or not a cohen two witnesses are necessary. Yereyim (siman 204-205) quotes it. Rav Dovid Karliner in Sheilat Dovid (Drishat Tzion Vyerushalayim n. 2) quotes this Sifrei and expands upon it. Maharam Shik (Yevamot 87b 3:3) explains that the reason two witnesses are necessary is because it is like monetary law since it involves receiving trumah. Rav Chaim Kanievsky in Kiryat Melech (Isurei Biyah 20:2) uses the Sifrei to explain the Rambam. Lhorot Natan 4:96 challenges Chazon Ish (cited in next note) based on the Sifrei.</ref> However, others hold that it can be established with one witness from the Torah.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=14331&st=&pgnum=24 Chazon Ish EH 2:7]. Ran on Rif 10b, Tosfot 24a s.v. vchen, and Rosh Gittin 5:8:12 all indicate that trusting a single witness that someone is a cohen to be able to eat trumah from the Torah one witness is sufficient since it is considered isur.</ref> | |||
#Testifying that a woman is a divorcee or a chalala some say it requires two witnesses because it is a dvar she’be’ervah,<ref>Tosfot Rid (Kiddushin 66a) and Ritva (Kiddushin 66a)</ref> while others hold one witness is enough if afterwards a chazaka will be established on that basis.<ref>Rambam (Sanhedrin 16:6)</ref> | |||
# Testifying that a child is the son of a divorcee and a cohen or a woman who had chalitza and a cohen requires two witnesses.<ref>Kiddushin 66a. Shev Shamaytata 6:15 explains that even the Rambam agrees two witnesses are necessary to testify about the child because the testimony about a child is about his status from birth. Testifying that the mother is a divorcee is testimony about an event and one witness is sufficient. Maharam Shik (Yevamot 87b 3:3) answers the Rambam that testifying about the mother that she is a divorcee only needs one witness, but testifying that the child is not a cohen requires two witnesses as per Sifrei Shoftim 188:15.</ref> | |||
==Non-Religious== | ==Non-Religious== | ||
