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11

The Talmud in Shavuot 30a derives this directly from Deuteronomy 19:17 וְעָמְדוּ שְׁנֵי-הָאֲנָשִׁים אֲשֶׁר-לָהֶם הָרִיב לִפְנֵי יְהוָה לִפְנֵי הַכֹּהֲנִים וְהַשֹּׁפְטִים אֲשֶׁר יִהְיוּ בַּיָּמִים הָהֵם. And they shall stand the two men, who have them the conflict, before God. Before the priests, and the judges, that will be, in those days. Three ...


8

In Shulchan Aruch, Choshen Mishpat 140:4 we learn that there is no difference whether your witnesses are dead, non-existent or unreachable. In all these cases they are treated as if they do not exist. That fact that you once had witnesses seems to have no practical application in Halacha. We actually have a fascinating case in Ketubos 23a (bottom of the ...


6

This is an argument in Rishonim. The answer is not directly stated anywhere in the Talmud. The Sefer Yereim in Siman 178 says that it is comparable to the fifth added to Teruma, where it is paid to the Beis Din to distribute to whomever they want. However, he isn't certain about it. The other option is that it is paid to the initially accused. The תועפות ...


6

Sending an "affidavit" it is a dispute between Rashi and Rabbeinu Tam. Devarim 19:15: לא יקום עד אחד באיש לכל עון ולכל חטאת בכל חטא אשר יחטא על פי שני עדים או על פי שלשה עדים יקום דבר Rashi: ולא שיכתבו עדותם באגרת וישלחו לבית דין And not that they write their testimony in a letter and send it to Beis Din Tosefos Bava Basra 40a (continued ...


5

The ketubah, like any Jewish legal document, requires the signature of two witnesses. Besides being Jewish men who are unrelated to each other (or to the bride or groom), there are other qualifications. The Shulchan Arukh (חושן משפט הלכות עדות סימן לד) rules that רשע פסול לעדות A rasha is invalidated from serving as a witness What is a rasha? ...


4

It seems from Shulchan Aruch, Choshen Mishpat 34 that the prohibition against testifying in a situation of being ineligible to do so, at least in a case where the disqualifier is because the witness is a "rasha," is incumbent on the witness himself. The case there is where a kosher witness knows that his fellow witness is ineligible to testify, but is ...


4

The Ohr Somayach writes that logically one would have assumed they would pay the person who they testified was owed money. Meaning, do to them what they tried to do - they tried to make A owe money to B, so they should owe money to B. However, the Ohr Somayach concludes that because of דרכיה דרכי נועם, the ways of the Torah are pleasant, it would offer the ...


4

Pniniei Halocho of Rabbi Melamed defines valid witnesses. וכן אדם שאינו מזדהה עם הערכים שעליהם מבוססים הקידושין, היינו עם ערכי התורה, אינו יכול להיות עד בחתונה. ולכן אדם שחוטא בגילוי עריות, למשל, מקיים יחסים עם אשת איש, או עם אחותו או בתו וכדומה, פסול לעדות. וכן אדם שחשוד בגניבה פסול מלהיות עד, וכמובן שאין הבדל בין אדם שמתפרץ לבית חבירו בלילה ...


3

There is argument among the commentaries about exactly what happened. Some say (like Rashi on verse 14) that Moshe killed the Egyptian by saying the sacred name of God. Others (like the Ibn Ezra on verse 12) say that this patently wrong and Moshe hit the Egyptian with a stone. The Ramban on verse 14 walks a middle route saying that Moshe might have ...


3

Loosely translated from Kipa.co.il Women are disqualified because of a gezeirat haKatuv, [an inference from the Biblical text], as the Rambam says in Hilchot Eidut 9:2, based on Devarim 16:6 and 19:15, where it uses the male gender, and not the female. Thus we see that women are not disqualified because of their competency or trustworthiness, rather ...


3

The Limmud for "before the punishment" is from Kaasher Zamam, not Kaasher Asu (what they planned to do, not what they succeeded in doing). With a Challal, when the Eidim are made Zomminim, the whole Challal is undone and it is as if it never happened. So in the end they were only planning, they didn't succeed, so they are still under to the din of Kaasher ...


2

I personally like the wikipedia standard of verifiability and I try to apply it to myself and others on the internet. If someone just states a fact as true, I usually find it suspect. If something is true, it should be possible to provide a verifiable source. Verifiable means that "I heard from a friend" doesn't work because the reader can't verify it. ...


2

I once heard an explanation of this halacha from Rabbi Orlofsky, in which it has nothing to do with women's competence or lack there of, and never implied a former lack of competence (as your question does). Women are created with a stronger emotional sense, and are meant to be that way. They are meant to be in touch with their emotional side and not ...


2

Introduction What could be contained in this question, and manner in which we answer it, is going to depend on several things. First of all, we should clarify what we're asking about: your specific question mentioned only phrases that needed 'reinterpretation', but there are many more cases that deserve inquiry, such as gezairah shavas (see the Rambam's ...


2

According to the medrash rabba 1 28 the man getting beaten was in fact Dassan the husband of the woman who was tricked. The Radal there #41 wants to amend the text to say she was the sister of Dassan, but either way, he had personal knowledge of what transpired, and turned around and slandered Moshe, the man who saved him, or his relative. See there also ...


2

I think what you are looking for is easiest found in Shulchan Aruch Choshen Mishpat siman 15. Siff 5 reads A dayan should judge monetary cases based on what he thinks is the truth and he has a strong idea in his heart that it is so. There in siff 3 & 4 a situation where fraud is suspect is discussed and what degree of inspection is required. The Shulchan ...


1

Rabbi Tzvi Hirsh Ferber, in his commentary on the Torah, Kerem HaTzvi, says: ‏ וע״ד צחות אפ״ל מה שמועה שמע ובא, כלומר למה הוצרך‏ ‏לבא הלא כבר שמע הכל, אך אינו דומה שמיעה לראיה, ודבר זה נראה מעמלק‏ ‏אעפ״י ששמע הכל מה שעשה ה׳ לפרעה וכל הקמימ על בנ״י, בכ״ז ויבא עמלק‏ ‏להלחמ ולראות כעצמו כח ה׳ כי אינו דומה שמיעה ...



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