16 votes
Accepted

How would intercourse be verified as a form of marriage?

The Gemara (Gittin 81b) learns that according to Beis Hillel, witnesses on the seclusion are like witnesses of the actual action. That is, watching the couple walk into a room together is enough for ...
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15 votes

Why are women invalid as Halachic witnesses?

The Talmud in Shavuot 30a derives this directly from Deuteronomy 19:17 וְעָמְדוּ שְׁנֵי-הָאֲנָשִׁים אֲשֶׁר-לָהֶם הָרִיב לִפְנֵי יְהוָה לִפְנֵי הַכֹּהֲנִים וְהַשֹּׁפְטִים אֲשֶׁר יִהְיוּ בַּיָּמִים ...
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14 votes

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

The Ritva in Kiddushin 43a brings the custom of designating specific witnesses at a ceremony where there are invalid witnesses present, to get around the problem of עדות שבטלה מקצתה בטלה כולה (the ...
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11 votes
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Eidim Zomemim in a case of seeing a new moon

According to Rabbi Akiva Eiger, (Shu"t RA"E Mahadura Kama 176, cited here) they are not punished by the hand of man: וגם משום מלקות, נראה דלא לקו, דלא שייך בזה 'לא תענה ברעך' דהא לא העידו ...
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8 votes

Why is the torah so misleading without the oral law

Introduction What could be contained in this question, and manner in which we answer it, is going to depend on several things. First of all, we should clarify what we're asking about: your specific ...
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8 votes

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

In Shulchan Aruch, Choshen Mishpat 140:4 we learn that there is no difference whether your witnesses are dead, non-existent or unreachable. In all these cases they are treated as if they do not exist....
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7 votes
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Can halacha of Eidim Zomemim be applied in today's times? (ex: $ cases)

Yes. Shulchan Aruch, Choshen Mishpat 38:1 שנים שהעידו באחד שחייב לפלוני מנה ובאו שנים והכחישום או הזימום ה"ז פטור if the witnesses he needs to pay 100 ($) are zomemim, he needs not to pay. ...
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6 votes
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Can an affidavit be used in Beit Din?

Sending an "affidavit" it is a dispute between Rashi and Rabbeinu Tam. Devarim 19:15: לא יקום עד אחד באיש לכל עון ולכל חטאת בכל חטא אשר יחטא על פי שני עדים או על פי שלשה עדים יקום דבר ...
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6 votes
Accepted

Testification on the rabbinic law if the witness is interested

Rambam in Mishneh Torah Hilchos Eidus 9 (1) gives ten categories of disqualifications. Any person belonging to one of them is not acceptable as a witness. The tenth one is people who have a ...
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6 votes

Witnesses and the Ketubah

The ketubah, like any Jewish legal document, requires the signature of two witnesses. Besides being Jewish men who are unrelated to each other (or to the bride or groom), there are other ...
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6 votes

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

This is an argument in Rishonim. The answer is not directly stated anywhere in the Talmud. The Sefer Yereim in Siman 178 says that it is comparable to the fifth added to Teruma, where it is paid to ...
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  • 31.3k
6 votes

Moshe killing the Egyptian

There is argument among the commentaries about exactly what happened. Some say (like Rashi on verse 14) that Moshe killed the Egyptian by saying the sacred name of God. Others (like the Ibn Ezra on ...
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6 votes
Accepted

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

There are two issues at play here. 1) Who actually saw the event. 2) Who are the members of the "official group" ("Kaht") of witnesses that not only saw the event, but also serve as a specific group ...
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  • 10.3k
6 votes

Source for the requirement for an action to be within "toch k'dei dibbur" of a warning for Capital Punishment

In Kesubos 33a Rava says that warning has to be done toch kedei dibbur (within several seconds) so that we know the perpetrator did not forget the warning and act erroneously: אמר רבא תדע ניתרי בהו ...
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  • 11.2k
5 votes

Why are women invalid as Halachic witnesses?

Loosely translated from Kipa.co.il Women are disqualified because of a gezeirat haKatuv, [an inference from the Biblical text], as the Rambam says in Hilchot Eidut 9:2, based on Devarim 16:6 and 19:...
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5 votes

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

The witnesses who sign the ketubah are witnessing the ketubah -- that is, the husband's obligations to the wife. Witnesses serve the same function here as with any other legal document (debt, ...
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5 votes

Eidei Nisuin at weddings?

The simple answer is that the eidei kiddushin witness the chupa, bideken and yichud, which between them constitute nissuin too. However, there is very convincing argument that nissuin does not ...
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5 votes
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Legally speaking, do we really have so few friends?

The mishna is indeed speaking of one's best friend since they were the ones to be grooms in the time. R Adin Steinsaltz explains here The example that Rabbi Yehuda offered for someone who is a very ...
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  • 43.3k
5 votes
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Rambam about Testimony

The quote is found in Yesodei Hatorah 7:7 and is repeated in 8:2. Excerpt from 8:2 כְּמוֹ שֶׁצִּוָּנוּ לַחְתֹּךְ הַדָּבָר עַל פִּי שְׁנַיִם עֵדִים וְאַף עַל פִּי שֶׁאֵין אָנוּ יוֹדְעִין אִם ...
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5 votes
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How Could David Kill the Ger Amaleki Based on Halacha?

This exact question is asked by Malbim. איך הרגו על פי הודאת עצמו ואין עדים והתראה He provides three possible answers: The fellow was not Jewish and just as other judicial conditions do not apply ...
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  • 47.8k
5 votes
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Eidim Zommemin on Sotah?

Rambam Hilchot Edut 21:5 states that edim zomemim on kinui ustirah receive lashes. If they testified that she had in fact committed adultery, then they pay the value of her ketubah and are not given ...
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  • 38.2k
4 votes
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Saying Va'yechulu with a woman

Pesach Hadvir 268:7 - line 10 says that since Vayechulu is a Eidus that is well known, even ladies can be witnesses for this. On line 15 he says that a man and lady can say it together. Kaf Hachaim ...
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4 votes

Witnesses and the Ketubah

Pniniei Halocho of Rabbi Melamed defines valid witnesses. וכן אדם שאינו מזדהה עם הערכים שעליהם מבוססים הקידושין, היינו עם ערכי התורה, אינו יכול להיות עד בחתונה. ולכן אדם שחוטא בגילוי עריות, למשל,...
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4 votes

A kohen who marries Gerusha as Mashgiach

The Rambam defines the parameters of a Rasha Hilchos Eidus 10,2 as someone who transgresses a negative Mitzva, and that person cannot testify: אי זהו רשע כל שעבר עבירה שחייבין עליה מלקות זהו רשע ...
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  • 11.2k
4 votes

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

The Limmud for "before the punishment" is from Kaasher Zamam, not Kaasher Asu (what they planned to do, not what they succeeded in doing). With a Challal, when the Eidim are made Zomminim, the whole ...
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  • 31.3k
4 votes

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

It seems from Shulchan Aruch, Choshen Mishpat 34 that the prohibition against testifying in a situation of being ineligible to do so, at least in a case where the disqualifier is because the witness ...
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  • 32.2k
4 votes

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

The Ohr Somayach writes that logically one would have assumed they would pay the person who they testified was owed money. Meaning, do to them what they tried to do - they tried to make A owe money ...
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4 votes
Accepted

Can one be compelled to testify?

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 ...
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  • 11.2k
4 votes

Is a woman believed to say she had an affair

If there is no outside reason to believe her (eg witnesses), we do not believe her. Shulchan Aruch, Even HaEzer 115:6: אֵין עֵדִים שֶׁזִּנְּתָה, אֶלָּא שֶׁהִיא אוֹמֶרֶת שֶׁזִּנְּתָה, אֵין חוֹשְׁשִׁין ...
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4 votes

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

In an article about using video as witnesses, Rabbi Micha Cohen writes the following: The Mishpetai Uziel (CM 14) marginalizes the approach of Rabbi Abuhav and the Chid”a. He points out that the ...
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