Questions tagged [edim-witnesses]
edim, witnesses, those who witness/testify
115 questions
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Can a witness for a sinful action function as a witness for non sinful aspects of the action?
There is a wedding that is forbidden but still effective (the participants will actually be married). There are no kosher witness at the wedding. Two kosher witnesses walk in and warn the man that the ...
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Punishment for false testimony favoring the accused
One of the Ten Commandments is: "Don't give false testimony". This is generally understood as falsely testifying the accused is guilty, when he is innocent. One penalty is that the false ...
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Can a witness at Kiddushin have committed _serious_ crimes, if no one knows?
See Can a witness at Kiddushin have had committed inconsequential crimes?, and Can somone admit to being a invalid witness?. I'd like to expand the question. Say there's an observant Jew who ...
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Psalm 107 seems to suggest a custom of giving public thanks in the Temple for personal rescues; was that a thing in 2nd Temple or modern times?
107 “Praise the LORD, for He is good;
His steadfast love is eternal!”
2**Thus let the redeemed of the LORD say,
those He redeemed from adversity,**
3whom He gathered in from ...
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Punishment for hiring false witnesses
We read in Bava Kamma 55b:
It is taught that Rabbi Yehoshua said: [One] is exempt from liability according to human laws but liable according to the laws of Heaven [if he] hires false witnesses to ...
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Story about the Chofetz Chaim being sworn in as a witness in a secular court
I remember hearing a story about the Chofetz Chaim being sworn in as a witness in a secular court. Can anyone tell me a source for this story, or give me more details? I'm 90% sure it was the ...
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How many lashes do false witnesses receive?
If two witnesses claim that a person is liable to receive lashes, and their testimony is found to be false, do they receive the amount of lashes that that person would have received, i.e. only the ...
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Is live video considered “witnessing” in Halacha
According to Halacha, is seeing something on live video considered “witnessing”? The reason I ask is because numerous Halachos require you to see things, but is seeing it through video considered ...
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The case of the lone witness
The Talmud says:
The Holy One, Blessed be He, hates... one who observes a licentious matter performed by another person and testifies against him alone.
[There was an] incident where Tuveya sinned......
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Is a Defendant required to appear in Beth Din if the Plaintiff doesn't provide any evidence or witnesses?
Suppose Reuven shows up in Beth Din and says that he is owed $100,000 by Shimon. He does not provide any documentation or any witnesses beyond his own words. The Beth Din sends a summons to Shimon to ...
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Can Noahides work as criminal prosecutors?
A Noahide named John Adams once said that, due to his religious beliefs, "I almost had to change my career" due to being a criminal attorney. One problem Adams would face as a prosecutor is ...
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Definition of "witness" for purposes of Devarim 19:15
According to Devarim 19:15, conviction requires two or three witnesses. To be a witness, what must an individual have "seen" or "known" per Vayikra 5:1? Would they need to see or ...
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Are there any exceptions to the two-witness rule in Devarim 19:15?
What role, if any, should circumstantial evidence play in halachic courts dealing with criminal matters? Are there ever any exceptions to the requirement of two witnesses to convict someone of a crime?...
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Reference for Woman's testimony worth half of a man's? [duplicate]
I have heard that a woman's testimony was considered half of a man's. Please share the references. https://www.jewishvirtuallibrary.org/witness
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In a case where two עדים are required, do they have to come as a group? Or can two separate witnesses who were at the scene come separately?
From the Chumash it sounds like the two witnesses come as a team. But I'm sure there are cases when two witnesses come individually, they don't know each other. Can they be מצורף?
From reading the ...
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Four witnesses on ketubah?
So my fiancé and I trying to have a more feminist orthodox wedding, and one thing we’ve heard is that (among other things) we can be more inclusive on the ketubah by having 2 halachic male signatures ...
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Galus - ערי מקלט - by self admittance
If someone comes to Bais Din and says he killed someone Beshogeg and there are no witnesses,
Will Bais Din be Mechayev him to go to the עיר המקלט?
If yes, can he then after a while say that he only ...
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How is התראה (warning) effective for transgressions that take time (like eating prohibited foods)?
In order to be found liable by the court for a transgression, the defendant must have been issued a warning (התראה) that the action is prohibited. If this warning must be given תוך כדי דיבור, i.e. ...
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May a woman eat on the street?
According to Kiddushin 40b, one who eats on the street cannot serve as a witness.
Since women anyway cannot serve as witness, is it allowed for them to eat on the street? Is there some discussion ...
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Are gentiles accepted as witnesses by a Beis Din in civil law arbitrations?
I assume a gentile is not kosher to give eidus in general, (women, minors etc excluded - kal vekhomer gentiles..) although I may be mistaken.
But in a civil case brought before a beis din for ...
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Is using an EBT card in a supermarket considered taking tzedakah from goyim?
In today's Rambam, Hilchos Edut chapter 11 halacha 3, the Rambam writes that if one takes charity from goyim in public when it's possible to take it in private, that person is invalid as a witness.
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Eating wild kitniyot on Pesach for non-kitniyot eaters when conditions to prohibit may not apply
There are various reasons given for the widespread Ashkenazi custom to be stringent in not eating kitniyot on Pesach. Among them: kitniyot look similar to chametz and may be confused; kitniyot is ...
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Eidim Zommemin on Sotah?
Tosefta Sotah 2:6 notes the Halacha of the Korban of a Sotah who was made a sotah by Eidim Zommemin.
I am wondering what their punishment would be.
Seemingly, there should be lashes.
Is it possible to ...
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How Could David Kill the Ger Amaleki Based on Halacha?
In Shmuel Bet, David Hamelech kills the Ger Haamaleki for killing Shaul.
However, the only reason he knew this was because of his own admission.
How does this relate to אין אדם משים עצמו רשע, the fact ...
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Are expert witnesses allowed in Jewish law?
The Mishna says:
If one takes payment to ... give evidence, his evidence is void. (Bekhorot 4:6)
So if you are paid to testify, your testimony is invalid. Does this apply to paid "expert ...
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Does the nascent Sanhedrin in Israel sanctify the new moon with witnesses?
In 2004, a group of rabbis in Israel attempted to begin the process of re-establishing the Sanhedrin using the Rambam's method of universal consensus to re-establish the line of semikha. Rabbi Moshe ...
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Can a witness at Kiddushin have had committed inconsequential crimes?
I remember hearing in the name of Rav Moshe Feinstein that a criminal who-- by normal and objective standards-- should be invalidated from testifying can still be considered a Kosher witness if his ...
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10 men for Chazarat Hashats, needs the Chazan himself to count?
A case: I am Chazan and finished the silent Shmona Esre, someone say me to begin the Chazara because there are already 9 who finished their Shmona Esre, but I don't believe him, I want to count by ...
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Is there a significance to the number of witnesses at Har Sinai?
It is said there were 2-3 million present at Matan Torah. (Not sure what the consensus on the exact number is.)
Numbers are important in Judaism. 613 mitzvot. Seven days of creation, gematria, ...
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Eating outside at a restaurant
The Gemara in Kidushin 40b writes that if one eats in the marketplace (public) is considered like a dog, and his testimony is not accepted. The Rambam in Hilchos Edus 11:5 codified this as halacha.
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Why does the gemara not consider the possibility that someone will warn his wife about seclusion when he's mad at her?
The gemara in Sotah 2b discussed two different versions of a statement by Rabbi Eliezer: one from the mishna on 2a and one from a beraisa. In the mishna, Rabbi Eliezer states that in order for a woman ...
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Rambam about Testimony
I heard a shiur where someone quoted Rambam as saying something to the effect of:
"We trust two witnesses not because we think what they are saying is truth, but rather because the Torah says we ...
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Is plea-bargaining allowed in Judaism?
Consider this form of plea-bargaining: "Plead guilty to a lesser crime. In exchange, we won't prosecute you further and you give us information about your bosses and testify against them."
This is ...
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What is the status of professional video game players?
A friend remarked to me that playing video games professionally today is the equivalent of professional gamblers in the times of the talmud, specifically in that both are not involved in "Yishuvo shel ...
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How can a rapist in the field be executed, if there were no witnesses?
The pasuk in Devarim 22:25 says
But if a man finds the betrothed girl in the field, and the man overpowers her and lies with her, then only the man who lay with her shall die.
Now, the man can ...
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Why doesn't R' Yehuda believe the Eidim Zomemim after the first set?
As I already asked in this answer, based on the Mishna in Makkos 1:5, that Rabbi Yehuda says that only the first set of Eidim Zomemim are put to death.
If the same 2 witnesses disqualify further ...
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Legally speaking, do we really have so few friends?
Sanhedrin chapter 3 talks about categories of people who are disqualified from being judges or witnesses in a case. They include some people who are never trustworthy, various relatives of the ...
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Does a witness in a criminal case have to "volunteer" information?
I have to admit, that I have never been a witness in a criminal case in U.S. However, I asked a lawyer about the swearing to "tell the truth, the whole truth, and nothing but the truth."
Truth is ...
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Eidei Nisuin at weddings?
At a wedding, we designate both eidei kiddushin (witnesses for the kiddushin) and eidei ketubah (witnesses for the ketubah).
However, I haven't really seen the practice of designating eidei nisuin at ...
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Loshon Hora: Believing that circumstances permit slander
When the Chofetz Chaim (Klal 2, §3) codifies the allowance to relate slander heard b'apei t'lasa (a statement made in front of three people, which is considered avidi l'geluei and therefore already ...
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Loshon Hora: The allowance of B'apei t'lasa (in front of 3)
Although they are governed by very strict limitations, there are numerous 'hetterim' for the prohibition of lashon hora, such as apei t'lasa, l'toieles, etc.
The Chofetz Chaim (Klal 2, §3 - see there ...
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Source for the requirement for an action to be within "toch k'dei dibbur" of a warning for Capital Punishment
In order for a person to be killed by Beis Din via a capital punishment, there needs to be:
a) 2 witnesses (Deuteronomy 19:15) that saw him transgress a sin that is liable to death.
b) a warning (&...
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Why would a third witness ever testify?
D'varim 17:6 tells us that "at the mouth of two witnesses, or three witnesses" a transgressor can be put to death. The mishna in Makkot 1:7 (and following) asks why it says "or three" if two is enough ...
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Yehoshua & Caleb vs other 10 Meraglim. Why wasn't this "עדי הכחשה" (conflicting witnesses)?
There's a concept in halacha when there are two sets of witnesses who contradict each other, we "throw out" the testimony of both witnesses as they cancel each other out (see Rambam, Hilchos Eidus 18:...
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Are common half siblings related to each other?
I have 2 half-siblings, one through my father and one through my mother. Are these 2 related to each other in any way according to the Torah (even though they share no common parent)? For example, ...
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Can halacha of Eidim Zomemim be applied in today's times? (ex: $ cases)
Scenario: Reuven & Shimon are at the Beth Din of America in Manhattan and are testifying that Levi completely wrecked Yehuda's Manhattan apartment on March 17.
Suddenly: Dan & Naftali come in ...
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How is the law in a case of multiple edim zomemim justified by Chachomim?
Mishna Makkos 1 (5) describes the case of witness who are zomemim.
The mishna according to Chachomim (with whom the halacha goes) says
If others [i.e. another pair of witnesses] come and are ...
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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 ...
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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 ...
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