Questions tagged [edim-witnesses]

edim, witnesses, those who witness/testify

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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 ...
7
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1answer
2k views

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 ...
4
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1answer
65 views

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 ...
5
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2answers
76 views

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 ("...
9
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1answer
97 views

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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1answer
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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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1answer
134 views

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 ...
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1answer
135 views

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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2answers
35 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
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1answer
85 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 ...
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3answers
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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
190 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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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
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2answers
230 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 ...
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1answer
87 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
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1answer
39 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
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1answer
68 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
38 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
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1answer
171 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 ...
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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
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1answer
311 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
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1answer
98 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
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1answer
163 views

Can one be compelled to testify?

Can a witness 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
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1answer
118 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
237 views

No obligation of counting birthdays and knowing one's age?

Age is a very important part of Jewish Halakha, with many dates being critical for one's responsibility, including Misos Beis Din (capital punishment). E.g. 3 year old girl can be betrothed and a male ...
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1answer
95 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
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2answers
179 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
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3answers
91 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
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2answers
85 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 ...
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3answers
462 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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2answers
112 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, ...
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2answers
65 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
226 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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1answer
69 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 ...
7
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3answers
114 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
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1answer
140 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
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1answer
190 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
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1answer
161 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?
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1answer
62 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
121 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
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1answer
103 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
407 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 ...
6
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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
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1answer
89 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
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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?