Skip to main content
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 ...
DonielF's user avatar
  • 34.3k
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 ...
chortkov2's user avatar
  • 9,510
11 votes
Accepted

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 ...
Loewian's user avatar
  • 17.8k
7 votes
Accepted

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. ...
kouty's user avatar
  • 22.8k
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 ...
David Kenner's user avatar
  • 10.8k
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 ...
user15464's user avatar
  • 11.5k
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 ...
chortkov2's user avatar
  • 9,510
5 votes
Accepted

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 ...
mbloch's user avatar
  • 51.9k
5 votes
Accepted

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 ...
chessprogrammer's user avatar
5 votes
Accepted

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 ...
Alex's user avatar
  • 49.3k
5 votes
Accepted

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 ...
Joel K's user avatar
  • 43.4k
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 ...
user15464's user avatar
  • 11.5k
4 votes

Why are women invalid as Halachic witnesses?

The Sefer Hachinuch addresses this in two places. Mitzvah # 37: ונוהגת בכל מקום ובכל זמן בזכרים אבל לא בנקבות שאין הנשים בתורת עדות שהעדות צריך כיוון וישוב הדעת הרבה And this is applicable ...
Alex's user avatar
  • 49.3k
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 ...
user15464's user avatar
  • 11.5k
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 ...
aBochur's user avatar
  • 3,859
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 ...
Popular Isn't Right's user avatar
4 votes

Is God a kosher witness?

Tziporah was definitely allowed to get married From Hashem's testimony as Yevamos 122a says: A woman who hears from a BasKol (heavenly voice from a Malach communicating Hashems wishes Sotah 33a) that ...
user15464's user avatar
  • 11.5k
4 votes

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

Other answers have explained the possible logic for the exclusion. I would like to point out that in fact this whole idea is only the view of the Ritva, and was not accepted by most Rishonim. In fact, ...
user18037's user avatar
  • 487
4 votes
Accepted

How is the law in a case of multiple edim zomemim justified by Chachomim?

You are interpreting the Mishna incorrectly. As the Bartenua already teaches us: ואפילו היו מאה. כתות שהעידו זו אחר זו בעדות אחת וכת אחת הזימה את כולן, כולן יהרגו:‏ Even if there were a hundred. ...
Danny Schoemann's user avatar
4 votes
Accepted

Why would a third witness ever testify?

The answer is: Because in the case of non-monetary issues it's a compulsory Mitzvah (and not voluntary) to give testimony. As the Sefer HaChinuch (Mitzva 122) describes it: מצות עדות - להגיד העדות ...
Danny Schoemann's user avatar
4 votes

Eating outside at a restaurant

Rashi explains that the reason why one who eats outside is invalid to give testimony is because he does not care about basic dignity. This is clearly not relevant to those who eat in a place where it ...
user18037's user avatar
  • 487
4 votes

Eating wild kitniyot on Pesach for non-kitniyot eaters when conditions to prohibit may not apply

The prohibition on kitniyot applies regardless. For example, if you were 100% sure that you had a mustard plant, picked it yourself, and then cooked it, the prohibition would obtain. However, in terms ...
magicker72's user avatar
4 votes

Witnesses to conversion?

The talmud quotes a baraisa from rabbi chiya bar abba in the name of rabbi yochanan that a convert must stand before three jewish men who form a beis din. (yevamos 46b) this is further recorded by ...
ezra's user avatar
  • 18.7k
3 votes

Why aren't Yemenites an ed echad on locusts?

Much of this is based on a 2016 article by Dr. Ari Greenspan, Dr. Ari Zivotvsky and Yosef Zivotovsky, published in the memorial series Mesorah le-Yosef, pp. 77-85, titled אכילת חגבים לבני אשכנז לדעת ...
Deuteronomy's user avatar
  • 8,398
3 votes

Witnesses at a wedding for what parts are they necessary and why

The source for Kiddushin is the Talmud Kiddush 65b. This is not a universal opinion, (even in Halacha, see SA EH 42:2) as some allow for one witness if both agree - at least to not ignore the ...
Yishai's user avatar
  • 32k
3 votes

Who can witness the sale of chametz?

From Rambam Hilchot Mechirah 1:2: "If, however, the purchase is completed through one of the media by which property is transferred, the purchaser acquires the object. There is no need for witnesses; ...
Yehuda's user avatar
  • 1,501
3 votes

Is one allowed to kill false witnesses to his own capital crime?

This scenario - where the two witnesses are trying to cause the death of the defendant, but they will not be the ones to actually commit the murder - directly correlates with the discussion posed by R'...
chortkov2's user avatar
  • 9,510
3 votes
Accepted

Can beis din declare Rosh Chodesh based on testimony from the following day?

Rambam, Kiddush haChodesh, 2:9 ראוהו בית דין עצמן, בסוף יום תשעה ועשרים--אם עדיין לא יצא כוכב בליל שלושים--בית דין אומרים מקודש מקודש, שעדיין יום הוא. ואם ראוהו בליל שלושים, אחר שיצאו שני כוכבים--...
Double AA's user avatar
  • 99.1k
3 votes

When do invalid witnesses become disqualified?

Rambam Hilchot Edut 11:6 ‫מַה בֵּין פָּסוּל לְעֵדוּת מִן הַתּוֹרָה, לְפָסוּל מִדִּבְרֵיהֶם: שֶׁפָּסוּל מִן הַתּוֹרָה שֶׁהֵעִיד--עֵדוּתוֹ בְּטֵלָה, אַף עַל פִּי שֶׁלֹּא הִכְרִיזוּ עָלָיו ...
Joel K's user avatar
  • 43.4k
3 votes
Accepted

At a wedding, can non-designated witnesses testify later in the court?

Why not? It would be equivalent to a murderer specifying two witnesses to the murder, and subsequently two other witnesses came to court - would you question their validity? There is no way to ...
chortkov2's user avatar
  • 9,510

Only top scored, non community-wiki answers of a minimum length are eligible