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Edut - Chapter 11

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Edut - Chapter 11

1One who does not read the Written Law, nor study the Oral Law, nor carry on ordinary social relationships1 can be assumed to be wicked and is disqualified as a witness according to Rabbinic decree.אמִי שֶׁאֵינוֹ לֹא בַּמִּקְרָא וְלֹא בַּמִּשְׁנָה וְלֹא בְּדֶרֶךְ אֶרֶץ - הֲרֵי זֶה בְּחֶזְקַת רָשָׁע, וּפָסוּל לְעֵדוּת מִדִּבְרֵיהֶם.
The rationale is that whenever a person has descended to such a degree, it can be assumed that he will transgress most transgressions that will present themselves to him.2שֶׁכָּל מִי שֶׁיָּרַד עַד כָּךְ, חֲזָקָה שֶׁהוּא עוֹבֵר עַל רֹב הָעֲבֵרוֹת שֶׁיָּבוֹאוּ לְיָדוֹ.
2For this reason, unlearned people should not be designated as witnesses,3 nor do we accept such a person’s testimony4 unless it has been established that he observes the mitzvot, performs acts of kindness, conducts himself in an upright manner, and carries on normal social relationships. The testimony of such a person may be accepted even though he is unlearned and is unfamiliar with both the Written and Oral Law.בלְפִיכָךְ אֵין מוֹסְרִין עֵדוּת לְעַם הָאָרֶץ, וְאֵין מְקַבְּלִין מִמֶּנּוּ עֵדוּת. אֶלָא אִם כֵּן הֻחְזַק שֶׁהוּא עוֹסֵק בַּמִצְוֹת וּבִגְמִילוּת חֲסָדִים, וְנוֹהֵג בְּדַרְכֵּי הַיְּשָׁרִים, וְיֵשׁ בּוֹ דֶּרֶךְ אֶרֶץ - מְקַבְּלִין עֵדוּתוֹ, אַף עַל פִּי שֶׁהוּא עַם הָאָרֶץ וְאֵינוֹ לֹא בַּמִּקְרָא וְלֹא בַּמִּשְׁנָה.
3Thus one may conclude that any Torah scholar may be assumed to be acceptable as a witness unless he is disqualified, and any unlearned person may be assumed to be unacceptable5 unless it is established that he follows just paths.6גנִמְצֵאתָ אוֹמֵר: כָּל תַּלְמִיד חָכָם בְּחֶזְקַת כָּשֵׁר, עַד שֶׁיִּפָּסֵל. וְכָל עַם הָאָרֶץ בְּחֶזְקַת פָּסוּל, עַד שֶׁיֻּחְזַק שֶׁהוּא הוֹלֵךְ בְּדַרְכֵּי הַיְּשָׁרִים.
4Whoever accepts the testimony of an unlearned person before it is established that he possesses the above positive qualities or before witnesses come and testify that he observes the mitzvot and carries on ordinary social relations is a commoner and will be required to face judgment, for he has forfeited the financial resources of Jews on the basis of the testimony of the wicked.דוְכָל מִי שֶׁיְּקַבֵּל עֵדוּת עַם הָאָרֶץ קֹדֶם שֶׁתִּהְיֶה לוֹ חֲזָקָה זוֹ, אוֹ קֹדֶם שֶׁיָּבוֹאוּ עֵדִים וְיָעִידוּ שֶׁהוּא נוֹהֵג בַּמִצְוֹת וּבְדֶרֶךְ אֶרֶץ - הֲרֵי זֶה הֶדְיוֹט, וְעָתִיד לִתֵּן אֶת הַדִּין; שֶׁהֲרֵי מְאַבֵּד מָמוֹנָן שֶׁל יִשְׂרָאֵל עַל פִּי רְשָׁעִים.
5Similarly, base people are disqualified as witnesses by Rabbinic decree.הוְכֵן הַבְּזוּיִין פְּסוּלִין לְעֵדוּת מִדִּבְרֵיהֶם.
This refers to people who walk through the marketplace eating in the presence of everyone,7 those who go unclothed in the marketplace when they are involved in ignoble tasks,8 and the like. The rationale is that they are not concerned with their own shame.9 וְהֵם הָאֲנָשִׁים שֶׁהוֹלְכִין וְאוֹכְלִין בַּשּׁוּק בִּפְנֵי כָּל הָעָם, וּכְגוֹן אֵלּוּ שֶׁהוֹלְכִין עֲרֻמִּים בַּשּׁוּק בְּעֵת שֶׁהֵן עוֹסְקִין בִּמְלָאכָה מְנֻוֶּלֶת, וְכַיּוֹצֵא בְּאֵלּוּ שֶׁאֵינָן מַקְפִּידִין עַל הַבֹּשֶׁת.
All these people are considered as dogs; they will not be concerned with testifying falsely.שֶׁכָּל אֵלּוּ חֲשׁוּבִין כְּכֶלֶב וְאֵינָן מַקְפִּידִין עַל עֵדוּת שֶׁקֶר.
Included are those who partake of charity given by gentiles in public.10 Although they could derive this benefit in private, they demean themselves and accept it in public without showing concern for their honor. All of these individuals are disqualified according to Rabbinical decree.וּמִכְּלַל אֵלּוּ: הָאוֹכְלִין צְדָקָה שֶׁל עוֹבְדֵי כּוֹכָבִים בְּפַרְהֶסְיָא. אַף עַל פִּי שֶׁאֶפְשָׁר לָהֶן שֶׁיִּזּוֹנוּ מֵהֶן בְּצִנְעָה, מְבַזִּים עַצְמָן וְאֵינָן חוֹשְׁשִׁין. כָּל אֵלּוּ פְּסוּלִין מִדִּבְרֵיהֶם.
6What is the difference between a person who is disqualified as a witness according to Scriptural Law and one who is disqualified by Rabbinic decree? The testimony of a person disqualified by Scriptural Law is nullified even though it was not announced in synagogues and houses of study that he is unacceptable. Announcements must be made about a person who is disqualified by Rabbinic decree, by contrast, before his testimony is disqualified.11ומַה בֵּין פָּסוּל לְעֵדוּת מִן הַתּוֹרָה לְפָסוּל מִדִּבְרֵיהֶם? שֶׁהַפָּסוּל מִן הַתּוֹרָה שֶׁהֵעִיד - עֵדוּתוֹ בְּטֵלָה, אַף עַל פִּי שֶׁלֹּא הִכְרִיזוּ עָלָיו בְּבָתֵּי כְּנָסִיּוֹת וּבְבָתֵּי מִדְרָשׁוֹת. וְהַפָּסוּל מִדִּבְרֵיהֶם, צָרִיךְ הַכְרָזָה.
Accordingly, any testimony that he gives before such announcements are made are accepted so that people who relied on him will not suffer a loss,12 for they did not know that he was unacceptable, and he is disqualified only by Rabbinic decree.13לְפִיכָךְ, כָּל עֵדוּת שֶׁהֵעִיד קֹדֶם שֶׁהִכְרִיזוּ עָלָיו - מְקַבְּלִין אוֹתָהּ, כְּדֵי שֶׁלֹּא לְאַבֵּד זְכוּת הָעָם, שֶׁהֲרֵי לֹא יָדְעוּ בּוֹ שֶׁהוּא פָּסוּל, וְאֵין פְּסוּלוֹ אֶלָא מִדִּבְרֵיהֶם.
7The testimony of one witness is acceptable with regard to the Torah’s prohibitions,14 even though his testimony is not accepted with regard to other matters.זעֵד אֶחָד נֶאֱמָן בְּאִסּוּרִין, אַף עַל פִּי שֶׁהוּא פָּסוּל לִשְׁאָר עֵדִיּוֹת.
This is evident from the fact that when a wicked person known to transgress15 slaughters an animal, his slaughter is acceptable. We accept his word when he says: “I slaughtered it according to law.”שֶׁהֲרֵי רָשָׁע בַּעֲבֵרָה שֶׁשָּׁחַט - שְׁחִיטָתוֹ כְּשֵׁרָה, וְנֶאֱמָן לוֹמַר 'כְּהֲלָכָה שָׁחַטְתִּי'.
When, however, a person is suspected of violating a particular prohibition frequently, his word is not accepted with regard to his own matters. His word is accepted, however, with regard to others.16אֲבָל הֶחָשׁוּד עַל דָּבָר - אֵינוֹ נֶאֱמָן עַל שֶׁלּוֹ, אֲבָל נֶאֱמָן עַל שֶׁל אֲחֵרִים.
8For this reason, a person suspected of violating a particular prohibition may serve as a judge and as a witness for others. We operate under the assumption that a person will not transgress so that others will benefit.17חלְפִיכָךְ, הֶחָשׁוּד עַל דָּבָר - יֵשׁ לוֹ לָדוּן בּוֹ וּלְהָעִיד בּוֹ לַאֲחֵרִים; חֲזָקָה אֵין אָדָם חוֹטֵא כְּדֵי שֶׁיֵּהָנוּ אֲחֵרִים.
What is implied? The word of an unlearned person18 is accepted if he states: “The produce of so-and-so has been tithed.” Similarly, the word of a person who is suspected of selling the meat of a firstborn19 is accepted if he states: “The meat which so-and-so is selling is ordinary20 meat.” כֵּיצַד? נֶאֱמָן עַם הָאָרֶץ לוֹמַר 'פֵּרוֹת פְּלוֹנִי מְעֻשָּׂרִין הֵן', וְנֶאֱמָן הַנֶּחְשָׁד לִמְכֹּר בְּשַׂר בְּכוֹר לוֹמַר 'בָּשָׂר זֶה שֶׁמּוֹכֵר פְּלוֹנִי חֻלִּין הוּא'.
Similar principles apply with regard to other prohibitions. For the wicked fear the Torah’s prohibitions,21 but they do not fear causing others monetary loss.22וְכֵן כֹּל כַיּוֹצֵא בְּזֶה מִשְּׁאָר הָאִסּוּרִין. לְפִי שֶׁאֵימַת הָאִסּוּרִין עַל הָרְשָׁעִים, וְאֵין אֵימַת הַמָּמוֹן עֲלֵיהֶם.
9The Kings of Israel23 may not testify, nor is testimony given against them, because they are strong-armed men of power who do not subjugate themselves to the yoke of the judges.24טמַלְכֵי יִשְׂרָאֵל - לֹא מְעִידִין וְלֹא מְעִידִין עֲלֵיהֶן; מִפְּנֵי שֶׁהֵן אַלָּמִים, בַּעֲלֵי זְרוֹעַ, וְאֵינָן נִכְנָעִין תַּחַת עֹל הַדַּיָּנִים.
Testimony may be made against a High Priest, by contrast, and he may give testimony concerning the king in the Supreme Sanhedrin, as explained.25אֲבָל כֹּהֵן גָּדוֹל - מְעִידִין עָלָיו, וּמֵעִיד הוּא לַמֶּלֶךְ בְּבֵית דִּין הַגָּדוֹל, כְּמוֹ שֶׁבֵּאַרְנוּ.
10Our Sages had no need to list informers,26 epicursim,27 and apostates28 among those who are not acceptable as witnesses. For they listed only the wicked among the Jewish people.יהַמּוֹסְרִין וְהָאֶפִּיקוֹרוֹסִין וְהַמּוּמָּרִים - לֹא הֻצְרְכוּ חֲכָמִים לִמְנוֹת אוֹתָן בִּכְלַל פְּסוּלֵי הָעֵדוּת; שֶׁלֹּא מָנוּ אֶלָא רִשְׁעֵי יִשְׂרָאֵל.
These rebellious deserters of the faith are inferior to the gentiles. Gentiles need not be saved from a pit, but neither should they be pushed into one,29 the pious among them30 will receive a share in the world to come. These deserters of the faith should be pushed into a pit and should not be saved from one; they will not receive a portion in the world to come.אֲבָל אֵלּוּ הַמּוֹרְדִין הַכּוֹפְרִין, פְּחוּתִין הֵן מִן הַעוֹבְדֵי כּוֹכָבִים. שֶׁהַעוֹבְדֵי כּוֹכָבִים - לֹא מַעֲלִין וְלֹא מוֹרִידִין, וְיֵשׁ לַחֲסִידֵיהֶן חֵלֶק לָעוֹלָם הַבָּא; וְאֵלּוּ - מוֹרִידִין וְלֹא מַעֲלִין, וְאֵין לָהֶן חֵלֶק לָעוֹלָם הַבָּא.

Quiz Yourself on Edut Chapter 11

Footnotes
1.

Our translation of the term derech eretz, literally, “the way of the world,” is taken from the Rambam’s Commentary to the Mishnah (Kiddushin 1:10).

2.

Hence he is likely to accept a bribe to deliver false testimony.

3.

I.e., to sign on a legal document or to observe a business transaction.

4.

If he was designated as a witness (Sefer Me’irat Einayim 34:43).

5.

Since he is unlearned, we assume that he lacks the other positive qualities mentioned in the previous halachah.

6.

The Radbaz comments that this matter has been a source of error for many courts. Although our Sages state that every Jew can be assumed to be acceptable, the intent is that it can be assumed that he will not commit transgressions. It does not mean that he can be assumed to have all the positive qualities necessary for his testimony to be accepted.

7.

The Kessef Mishneh interprets the Rambam’s words as referring to a person who goes through the marketplace eating casually, exposing himself to everyone’s view, as opposed to someone who eats in a private corner.

8.

Yevamot 63b states: “There is no one more disgusting and more despicable... than someone who goes unclothed in the marketplace.”

9.

As indicated by Chapter 17, Halachah 2, shame is one of the essential elements necessary to discourage a person from giving false testimony (Likkutei Sichos, Vol. XVII).

10.

Rashi, Sanhedrin 26b states that a person who receives charity from gentiles in public “desecrates the name of God for the sake of money.” The intent is that by accepting the money from gentiles, the person indicates that the Jewish people are not willing to take care of him. This denigrates the honor of the Jewish people and thus of God.
As the commentaries mention, however, if a person benefits from the charity of gentiles privately or if he needs the money, and there is no other alternative but for him to take the charity in public, these words of censure do not apply. For since his livelihood is dependent on the matter, he has no option. See Hilchot Matnot Aniyim 8:9.

11.

In this way, everyone will be advised not to rely on him.

12.

For if his testimony serves as evidence concerning a loan or a sale, the lender or the purchaser will suffer financial loss if his testimony is disqualified.

13.

Since his testimony is acceptable according to Scriptural Law, our Sages did not enforce their decrees in an instance which would cause people financial loss.

14.

This is a general principle. Unlike financial matters, marriage and divorce, and cases involving capital punishment, the determination of whether an object is kosher may be made on the basis of the testimony of one witness [see Shulchan Aruch and Ramah (Yoreh Deah 127:3)]. The Rambam continues, explaining that even though the testimony of a particular witness would not be accepted with regard to other matters, it is accepted with regard to questions of this nature.

15.

A prohibition other than the prohibition against eating meat that is not properly slaughtered. The testimony of such a person would not be accepted in court. Thus the fact that his word is accepted in this situation serves as proof of the principle stated by the Rambam at the outset.

16.

Examples of - and the rationale for - this leniency is explained by the Rambam in the following halachah.

17.

When stating this law in Hilchot Ma’aser 13:17, the Rambam adds one proviso, that it not appear that the person making the statement is trying to perpetrate deception. For example, two produce traders who are suspect to sell untithed produce enter a city. One says: “My produce has not been tithed, but my colleague’s has been tithed.”
The Ra’avad differs with the Rambam’s ruling and cites sources which appear to indicate that the suspect person’s word is not accepted at all, not with regard to his own matters, nor with regard to those involving another person. The Radbaz and the Kessef Mishneh provide explanations that justify the Rambam’s ruling.

18.

Whose word is not ordinarily accepted with regard to questions whether his own produce has been tithed.

19.

The meat of a firstborn animal cannot be eaten unless it received a blemish on its own accord. This person is suspected of slaughtering such an animal and selling it even if it did not have a blemish. Our translation is based on the gloss of the Kessef Mishneh.

20.

I.e., meat that is not from a firstborn.

21.

I.e., even if they transgress themselves, they will hesitate before causing another person to transgress.

22.

They will not, however, fear causing a person monetary loss.

23.

This term refers to the kings of the Ten Tribes, and by extension to the Hasmonean and Herodian kings of the Second Temple era. Different laws apply to kings of the Davidic dynasty, as stated in Chapter 1, Halachah 3, Hilchot Melachim 3:7.

24.

In Hilchot Sanhedrin 2:5, the Rambam quotes this law and gives a rationale: “because this may lead to a disaster.” See the notes to that halachah.

25.

Chapter 1, Halachah 3.

26.

People who collaborate with gentiles to cause Jews loss of life or property (see also Hilchot Teshuvah 3:6 and Hilchot Chovel UMazik 8:9-10).

27.

As explained in Hilchot Teshuvah 3:8, this term refers to individuals who deny the Torah, deny prophecy, or maintain that God is not aware of man's actions.

28.

Individuals who turn their back on Jewish observance (Hilchot Teshuvah 3:9).

29.

I.e., to kill them. See Hilchot Avodat Kochavim 10:1; Hilchot Rotzeach 4:12.

30.

Those who observe the seven universal laws given to Noah and his descendants (see Hilchot Melachim 8:10-11).

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
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Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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The text on this page contains sacred literature. Please do not deface or discard.