23

There is no reason not to have a Jewish wedding. On the contrary! There is a strong reason to have one, in order to live according to halacha with a kosher wedding and ketuba. Note that, in many European countries (e.g., Switzerland, France), it is forbidden to have a Jewish wedding without first having a civil wedding. As such, all Jews first have a small ...


7

You happen to have a very good point,in fact the Shulchan Aruch CM 13:3 and the Sma 12 write that the dayanim should really only hear from the person himself and not from a toein. In this article Rav Hershel Schacter explains in detail how corrupt the toein system is and how people are making a fortune off this "profession ". http://www.vosizneias.com/...


4

The only way to be sure Lehalacha that a man is withholding testimony is if 2 Eidim (witnesses) were to witness that this person (or these 2 people) saw the occurrence, and they can only be sure he saw the occurrence by seeing the occurrence themselves at the same time. So there would be no point compelling the "withholder" to testify, as those witnesses ...


4

The point is that the individuals are often too nervous to actually show the facts of the case. Also, they are afraid that if the dayanim are not given all the arguments by their side, that they will not get a fair hearing. Part of this is the influence of the American court system. The dayanim are expected to be able to discount the to'ein when necessary.


3

"In an actual Beis Din case these days, if someone is summoned to Beis Din, can the nitva (respondent) insist on using a different Beis Din than the plaintiff sent the hazmana (summons) from?" Yes. The summons sent by the beis din contains three options: 1) Come to our Beis Din, 2) Name an other Beis Din you want to go to (this will be referred to the other ...


3

I spoke to a friend who has sat as a dayan on many cases, in many different courts, and he told me that he is unaware of any hard and fast rule for such a thing, but that the general practice of beis din is to only deal with a case as it is brought, and only between one prosecutor and one defendant. In this situation, the prosecutor would have to sue both of ...


3

I would guess that any Jew is a party since כל ישראל ערבים (all Jews are responsible for each other). Especially in a case of something that FORBIDDEN a wife of a man to permit her to others is a matter that concerns all Jews (all Jews are responsible to do all they reasonably can do stop a married woman from having relations with another man) (Shulchan ...


1

Actually, there is a reason not to have a Jewish wedding, although I hope it does not apply to you. If there is concern that there may eventually be a civil divorce, without a proper Get (Jewish divorce), then it is better that the original should not be binding according to Jewish Law. See Igros Moshe Even HaEzer I, Siman 74, where he argues on Rav Eliyahu ...


1

Rambam Hilchot Edut 5:3-4: מַה שְּׁנַיִם נִמְצָא אֶחָד מֵהֶן קָרוֹב אוֹ פָּסוּל בָּטֵל הָעֵדוּת אַף שְׁלֹשָׁה וְהוּא הַדִּין לְמֵאָה. נִמְצָא אֶחָד מֵהֶן קָרוֹב אוֹ פָּסוּל בְּטֵלָה הָעֵדוּת בֵּין בְּדִינֵי מָמוֹנוֹת בֵּין בְּדִינֵי נְפָשׁוֹת בַּמֶּה דְּבָרִים אֲמוּרִים בִּזְמַן שֶׁנִּתְכַּוְּנוּ כֻּלָּם לְהָעִיד. אֲבָל אִם לֹא נִתְכַּוְּנוּ כֻּלָּם ...


1

While not a direct proof, there is perhaps some roundabout evidence from the Talmud in Pesachim 12b. The Talmud there had been discussing at length the possibility of witnesses mistaking the times that they are testifying about. According to various suggestions for what level of mistakes we would be concerned about (e.g. being off by an hour) the Talmud asks ...


1

BS"D After much criticism of my first answer (fairly so), there has been much more research and neutralization of the source. To be clear, my first answer was not promoting any program. I was trying to fairly give the source's context, which might be skewed towards the use of To'anim in a Bais Din. (To keep this answer neutral, you can look into the ...


1

There is firstly a formulation problem. I will re-write the question with my own words. The main purpose of the Beth Din is to achieve justice. So, if Reuven has only 2 good witnesses, it's enough for the Beth Din. And we find out here an additional area of concern for Beth Din. What is this concern? This Concern is called "?צריך לברר?/אין צריך לברר". ...


1

POINT BY POINT SUMMARY Sanhedrin 23b Explains that this is an argument discussing whether a litigant (Reuven) is able to join with a witness (David) in order to disqualify one of the pairs of witnesses that his opponent (Shimon) claims to have. If Shimon does have two pairs of witnesses, then even if one pair has been disqualified, the other pair is ...


1

The injured party could only be fobbed off by the shop owner to the door manufacturer if while the door is installed in the shop always it has a shem mazik. E.g., if you installed a recognizably dangerous device in your shop and someone was nizak on the device you could point out that seeing as you did not create the shem mazik and the shopper entered your ...


1

Mishna in BK 3, 11 הָיוּ שְׁנַיִם רוֹדְפִים אַחַר אֶחָד, זֶה אוֹמֵר שׁוֹרְךָ הִזִּיק, וְזֶה אוֹמֵר שׁוֹרְךָ הִזִּיק, שְׁנֵיהֶם פְּטוּרִין. אִם הָיוּ שְׁנֵיהֶן שֶׁל אִישׁ אֶחָד, שְׁנֵיהֶן חַיָּבִין [so also] where two [oxen] pursued one and the one defendant asserts, 'it was your ox that did the damage', while the other defendant asserts, 'it was your ox ...


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