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Questions tagged [edim-witnesses]

edim, witnesses, those who witness/testify

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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
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Was Joseph's bad report on his brothers evidence or simply damaging?

"Joseph, being seventeen years old, was feeding the flock with his brethren, being still a lad even with the sons of Bilhah, and with the sons of Zilpah, his father's wives; and Joseph brought evil ...
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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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1answer
131 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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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 ...
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1answer
127 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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4answers
359 views

Coerced testimony in halacha

My chavrusa and I were going through Sanhedrin (40b) this evening, and the topic of how to get accurate statements from witnesses. Rashi mentioned the concept of moving the witnesses around in order ...
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1answer
154 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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2answers
34 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 ...
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5answers
931 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. ...
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1answer
80 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 ...
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1answer
111 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
157 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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3answers
169 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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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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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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0answers
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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 ...
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2answers
227 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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7answers
621 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 ...
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1answer
81 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 ...
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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
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 ...
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1answer
65 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 ...
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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?
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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 ...
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1answer
308 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 ...
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5answers
2k views

Why are women invalid as Halachic witnesses?

Why are women Pasul leEidus ? Does this still apply?
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1answer
87 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?
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4answers
451 views

Can you walk and chew gum at the same time?

Rambam (Hil. Edus 11:4) writes (translation from here): ...base people are disqualified as witnesses by Rabbinic decree. This refers to people who walk through the marketplace eating in the ...
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3answers
1k views

Edim Zomemim - Why Not Believe Them?

There is a concept of Edim Zomemim (Wikipedia has it translated as "Collusive Witnesses") (עדים זוממים). Basically, if two witnesses testify about someone, and then two other witnesses come and say ...
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2answers
191 views

How can inanimate objects function as “witnesses” in the Tanakh?

How can inanimate objects function as edim and/ or edot in the Tanakh? For example, הַגַּל (Gen. 31:48) הַשִּׁירָה (Deut. 31:19) הַתֹּורָה (Deut. 31:26) הַשָּׁמַיִם והָאָֽרֶץ (Deut. 31:28) הָאֶבֶן (...
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1answer
91 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 ...
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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 ...
2
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2answers
63 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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1answer
101 views

What medical condition was this “epilepsy that causes mental instability at all times”?

Rambam's Laws of Testimony 9:8 (written about 800 years ago) describe disqualification for testimony (eidut) due to mental instability. He writes: The epileptic is disqualified when having a ...
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3answers
90 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 ...
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5answers
731 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 ...
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3answers
446 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
111 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
168 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. ...
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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 ...
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3answers
112 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 [...
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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 ...
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1answer
189 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 ...
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1answer
102 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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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 ...
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1answer
380 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 ...
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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 ...