Trusting Others for Kashrut: Difference between revisions
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→Ein Dvar She'be'ervah Pachot Mshenayim
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# 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> | # 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''== | ==''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> | ===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> | |||
===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> | |||
===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> | ||
===With Migo=== | |||
# 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> | # 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> | ||
===Chalitza=== | |||
# 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> | # 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=== | ===Establishing Someone a Cohen or Removing Them=== | ||
