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Questions tagged [edim-witnesses]

edim, witnesses, those who witness/testify

3
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2answers
33 views

Who must forewarn transgressors?

The Gemara in Makkot 6b says that a transgressor in capital cases is never executed unless his two witnesses were the ones who forewarned him, because the Torah says: "At the mouth [Al pi] of two ...
4
votes
1answer
74 views

Could a secular marriage contract conceivably be considered a shtar kiddushin?

Suppose a secular Jewish couple got civilly married- no halachik ceremony- and they get their marriage license. Could this marriage license serve as a Halachik Shtar, ie they'd need a Get if they ...
2
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1answer
53 views

At a wedding, can non-designated witnesses testify later in the court?

This is a follow-up (a clarification) question on how-can-there-be-only-2-halachic-witnesses. Say, there are ten grown-up, Jewish, frum, non-related men presenting at a Chupah, two of which are ...
9
votes
3answers
1k views

How can there be only two Halachic witnesses at a large wedding?

By what power or logic can the mesader kiddushin saying that two specific, designated people are the only witnesses to a wedding change the fact that all assembled have seen all that transpired at the ...
7
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3answers
150 views

Is God a kosher witness?

Moshe's death is attested to by God Deutoronimy 34,5 (see Sotah 13b), There were no other witnesses. At what point did Gershom and Eliezer inherit his posessions and Assuming he and Tzippora were ...
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0answers
15 views

Is a teleconference wedding halachically valid? [duplicate]

Suppose that a couple goes into a conference room and sets up a web cam. The edei kiddushin (witnesses) watch the declaration via Skype, etc. (Offhand, I don't think a chuppa is an absolute ...
5
votes
2answers
217 views

Eidim Zomemim in a case of seeing a new moon

As discussed in Maseches Rosh Hashanah, if two witnesses saw the new moon, they'd go to Beis Din to testify they saw it and Beis Din would then declare when Rosh Chodesh would be. But what if these ...
0
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1answer
80 views

Witnesses of Kiddushin no need to know the couple?

The Jewish Halacha does not require the witnesses to familiarize themselves with the couple prior to Kiddushin: they are not required to know the couple in person before the wedding or have any ...
2
votes
1answer
36 views

How many witnesses have to concur - two or three?

Devarim 17:6 says that the testimony of two or three witnesses should be used to determine the death penalty for someone who was found to have bowed to idolatry. Rash"I implies that all the witnesses ...
3
votes
1answer
57 views

When do invalid witnesses become disqualified?

If somone does something which makes him an invalid witness, is he considered an invalid witness only after Bes Din declares him invalid or is he always invalid? For example, Reuven does something ...
2
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1answer
35 views

Can somone admit to being a invalid witness?

If somone admits that they are a invalid witness do we believe them? Does it matter whether they're saying they're invalid because of a Aveira or a bad midda?
2
votes
1answer
169 views

Can beis din declare Rosh Chodesh based on testimony from the following day?

The ideal way of deciding the day of Rosh Chodesh is for Beis Din to declare it after witnesses come and say they saw the new moon. The new moon is only visible around sunset, so usually the ...
5
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2answers
2k views

How would intercourse be verified as a form of marriage?

The first Mishnah in Talmud Kiddushin says that a woman can be bought (betrothed) via intercourse. As I understand, there must always be 2 witnesses to verify that one of the 3 methods mentioned in ...
4
votes
1answer
304 views

Could video be considered as a valid halachic witness in court?

My understanding is that court cases require a minimum of two witnesses to testify against someone. Could one of these witnesses be a video, or does it need to be specifically a live human? Would ...
4
votes
1answer
77 views

Is a woman believed to say she had an affair

if a married woman claims to have committed adultery, but there is no other corroborating evidence (witnesses) is she believed by beit din such that the husband is now forbidden to sleep with her?
6
votes
1answer
147 views

Can one be compelled to testify?

Can one be compelled to testify? The Torah says you must testify [Lev. 5:1] but the Talmud says punishment for not doing so can only come from God [Bava Kamma 55b]. You may not want to testify ...
3
votes
1answer
108 views

How to understand Rashi's sudden reminder of the Beis Din shel Matto

Rashi in Makkos 4b comments on the words עדים זוממין אין צריכין התראה (false witnesses do not need fore warning to receive punishment), as follows: בכתובות אמרינן טעמא באלו נערות (דף לג.) נתרי בהו ...
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1answer
89 views

Witnesses at a wedding for what parts are they necessary and why

Witnesses at a wedding for what parts are they necessary and why (reason/Source Specifically: I was taught that witnesses are necessary for the kiddushin,. **why? (To acquire other things witnesses ...
2
votes
2answers
174 views

relationship with someone who is actually chauiv misa

There are lots of people who disregard mitzvos but don't do it in the presence of two witnesses with warnings etc. I always thought that the halachas of warning were so specific that it would never ...
5
votes
3answers
85 views

Who can witness the sale of chametz?

Our shul's practice (which I imagine is very common) is for members of the community to appoint the rabbi as their agent for selling chametz. The rabbi then sells everything to a local priest, along ...
3
votes
1answer
52 views

Why do קידוש החדש על פי הראייה?

There is a מחלוקת about what the "real" or perhaps more desirable way to do קידוש החדש is. רבינו בחיי quotes from רבינו חננאל that it is best done על פי חשבון. However, the majority of ראשונים ...
4
votes
3answers
434 views

If two kosher witnesses are not specified at a wedding is the marriage valid?

In a wedding ceremony, where many different people are present and many people see a wedding ring (or any item worth a shaveh peruta) being given by the man to the woman, do two kosher witnesses need ...
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vote
2answers
96 views

Calendar Rules before Hillel HaSheini

In today's calendar (that is, the one established in 4119 by Hillel the Amora), months alternate between 30 days and 29 days, generally speaking. However, because of the "Arba Dechiyos" (lo adu Rosh, ...
2
votes
2answers
61 views

Changing the requirements of a monetary case

In Sanhedrin 23: Rashi: נמצאת כת שניה קרובים או seems to imply that if the בעל דין states that he has 2 sets (4 people) of kosher עדים that he now is required to bring forth 2 sets of kosher עדים. It'...
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3answers
225 views

Question on Rashi in Gittin 76

The Gemara Gittin 76, in a discussion of conditional divorces, says (transation from Soncino): Our Rabbis taught: If a man said to his wife in the presence of two witnesses, 'Here is your Get, on ...
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votes
1answer
67 views

Did The Prophets Write Down Their Prophecy With Witnesses

When the oral tradition which G-d gave to Moses, was taught to the elders of each tribe, there were always two witnesses present, to make sure the oral tradition was give down without error, so why ...
6
votes
3answers
108 views

Should the groom say what the ketuba says he says? If not, are the witnesses that sign it lying?

Should the groom SAY the statement in the kesuba to his bride on the day the kesuba is being written? the statement in the kesuba On the day .... the bridegroom ... said to this [...] daughter of [...
3
votes
1answer
138 views

Saying Va'yechulu with a woman

The Mishna Brurah 268:19 writes that one should say va'yachulu with two people minimum since there are those who hold you can't say it by yourself (he does note that one can read by himself if done as ...
2
votes
1answer
187 views

Testification on the rabbinic law if the witness is interested

What is if the witness is interested in the case in which he is called to testify? Can it be a reason to consider his testament much weaker (or even ignore it)? As I know, in the Torah is mainly the ...
2
votes
1answer
150 views

A kohen who marries Gerusha as Mashgiach

Is a Kohen who marries a Gerusha(divorcee) but is observant in Shabbos and Kashrus allowed to be a Mashgiach of a food processor/restaurant?
1
vote
1answer
59 views

Witnesses becoming invalid Ex Post Facto

Suppose Reuvain & Shimon sign a document as witnesses for Levi. Now a few years later Reuvain marries Shimon's sister. Brother in laws may not be witnesses together. Rambam Edus - 13:6. Does this ...
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2answers
119 views

Why was a wedding in Jerusalem conducted differently to in the UK?

At a recent wedding in Jerusalem, I noticed the following differences from the practice I have got used to in the UK. (I realise this question could be asked to justify UK custom in the face of the ...
2
votes
1answer
100 views

When 2 witnesses are required to verify something, can one or both of them witness this using Skype?

Examples of when you need 2 witnesses testifying an event: groom's "purchase" / acceptance of the terms of the ketuvah witnessing kiddushin (groom giving bride a ring) If two witnesses watch this ...
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1answer
353 views

Why do the witnesses who sign the Ketubah sign it before the chuppah?

I am assuming that the two witnesses who sign the Ketubah are witnessing the actual wedding ceremony. At every wedding that I have attended, including my own, the witnesses signed the Ketubah before ...
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3answers
2k views

Witnesses and the Ketubah

I heard from a chief rabbi of an Israeli city, who was officiating at a wedding I was at, that a Ketubah must be signed by two witnesses who are shomer mitzvos. What is the legal definition of this ...
7
votes
1answer
86 views

Can an affidavit be used in Beit Din?

An affidavit, from what i understand, is basically a signed document given by a witness to be used as evidence in a trial, without the witness themselves needing to take a stand. Can an affidavit be ...
1
vote
1answer
75 views

According to Jewish law, if my only witness in a trial is deceased, what happens?

In the case that someone makes a certain claim before a court but requires a witness(es), however, the witnesses are deceased. Does that mean the person's claim has no bearing?
2
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1answer
59 views

Seeing is believing: proof from Yitro?

I have heard a proof that hearing is nothing in compared to seeing, and the proof is from Yitro: that even though he had heard about all the great miracles that had occurred to the Jews and their ...
3
votes
5answers
712 views

Moshe killing the Egyptian

The Torah says “And it was in those days that Moshe grew up and went out to his brothers and saw their burdens. He saw an Egyptian man strike a Hebrew man, (one) of his brethren. (Moshe) turned this ...
6
votes
1answer
160 views

What is/are the Halachic standard(s) of proof

This answer suggests a standard of "beyond a shadow of a doubt". That type of term is very popular from an English Law perspective, which has varying standards of "proof". Among them: Probable cause (...
8
votes
1answer
129 views

are you obligated to give testimony if you know you are pasul l'eidus?

I remember learning that there is a mitzvah to give testimony if you know of something which it requires. My question is if you know about yourself, with certainty, that you are pasul l'eidus in ...
4
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2answers
257 views

When Eidim Zomemim are found guilty who do they pay if it was a monetary case?

When Eidim Zomemim are found guilty who do they pay if it was a monetary case? I can think of reasons to say it's the initial accused, the court, or the person who was said to have been owed the money....
23
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7answers
612 views

Is one allowed to kill false witnesses to his own capital crime?

Reuven and Shimon conspire to execute Levi in Beis Din (court) for killing Yehuda by their testimony. There were no Eidei Hazama (counter-witnesses) who will expose Reuven and Shimon to be liable to ...
13
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1answer
284 views

Can I trust a random internet user?

Does the halacha of עד אחד נאמן באיסורין (a single witness is trusted in matters of prohibition) apply to a random internet users? If someone presents themselves as being a practicing Jew, can I take ...
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0answers
55 views

Which witness testifies about a blasphemer?

In Rambam Hilchos Avodas Kochavim Perek 2 halacha 8 it says that if someone curses the name of God, the court examines the witnesses as to what they heard. The "great one" (Rambam's words) of all the ...
3
votes
2answers
163 views

How can you get Ka'asher Zamam if you became a Chalal

There is a rule that Ka'asher Zamam vilo Ka'asher Asa: the second set of witnesses have to appear in court "before the punishment" in order that the first witnesses get the punishment Ka'asher Zamam. ...
12
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5answers
2k views

Why are women invalid as Halachic witnesses?

Why are women Pasul leEidus ? Does this still apply?
24
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5answers
887 views

Why is the torah so misleading without the oral law

In Parshas Ki Teitze (Devarim 22:13-21) it says if a man takes a wife, hates her, accuses her of not being a virgin, etc. Then the elders spread out the bedsheet to see if there is blood of virginity. ...
8
votes
1answer
477 views

Marriage Where Witnesses can Never be Found

Suppose a Jewish man and Jewish woman end up stranded on an island in the South Pacific as a result of a plane crash or ship wreck, with no other survivors, and no hope of rescue. In fact, respective ...
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1answer
73 views

Witness signing on a get “ben ish ploni”

It says in the Mishnah in Gitten (See here Daf 87b) That if an eid (witness) signs on the Get "ben ish ploni eid" then it's kosher. Meaning instead of writing for example his full name "Moshe ben ...