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Edut - Chapter 14

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Edut - Chapter 14

1Whenever a witness is disqualified from testifying on behalf of a colleague because he is married to the witness’ relative, if that relative’s wife dies,1 even if she left him sons, he is considered to have been released from any connection and is acceptable as a witness.2אכָּל מִי שֶׁאֵין אַתָּה מֵעִיד לוֹ, מִפְּנֵי שֶׁהוּא בַּעַל קְרוֹבָתְךָ, אִם מֵתָה אִשְׁתּוֹ, אַף עַל פִּי שֶׁהִנִּיחָה לוֹ בָּנִים, הֲרֵי זֶה נִתְרַחֵק וְכָשֵׁר.
2When a person knew of evidence concerning a colleague before he became his son-in-law, and then became his son-in-law, he is not acceptable. The same law applies if a person was in control of his senses and then became a deaf-mute, was able to see and became blind - even though he is aware of the measure of land concerning which he testifies and can define its boundaries, or was intellectually and emotionally sound and then lost control of his faculties.במִי שֶׁהָיָה יוֹדֵעַ לַחֲבֵרוֹ עֵדוּת עַד שֶׁלֹּא נַעֲשָׂה חוֹתְנוֹ, וְנַעֲשָׂה חוֹתְנוֹ; אוֹ שֶׁיָּדַע הָעֵדוּת וְהוּא פִּקֵּחַ, וְאַחַר כָּךְ נִתְחָרֵשׁ; פָּתוּחַ וְנִסְתַּמֵּא, אַף עַל פִּי שֶׁיָּכוֹל לְכַוֵּן מִדַּת הַקַּרְקַע שֶׁמֵּעִיד בָּהּ וּמְסַיֵּם מְצָרֶיהָ; שָׁפוּי וְנִשְׁתַּטָּה - הֲרֵי זֶה פָּסוּל.
If, by contrast, a person knew of evidence concerning a colleague before he became his son-in-law, became his son-in-law, and then that colleague’s daughter3 died, the witness is acceptable. Similar laws apply if a person was in control of his senses, became a deaf-mute, and then regained control of his senses, was intellectually and emotionally sound, lost control of his faculties, and then regained control of them, or was able to see, became blind, and then regained his sight.אֲבָל אִם הָיָה יוֹדֵעַ לוֹ בָּעֵדוּת עַד שֶׁלֹּא נַעֲשָׂה חֲתָנוֹ, וְנַעֲשָׂה חֲתָנוֹ וּמֵתָה בִּתּוֹ; פִּקֵּחַ, וְנִתְחָרֵשׁ וְחָזַר וְנִתְפַּקַּח; שָׁפוּי וְנִשְׁתַּטָּה וְחָזַר וְנִשְׁתַּפָּה; פִּתֵּחַ וְנִסְתַּמָּה וְחָזַר וְנִתְפַּתַּח - כָּשֵׁר.
The general principle is: Whenever a person is an acceptable witness at the initial4 and the final5 stages, he is acceptable even though in the interim, he was not acceptable as a witness.6 If, however, initially he is unacceptable, even though ultimately, he would be acceptable, he is disqualified.זֶה הַכְּלָל: כָּל שֶׁתְּחִלָּתוֹ בְּכַשְׁרוּת וְסוֹפוֹ בְּכַשְׁרוּת - כָּשֵׁר, אַף עַל פִּי שֶׁנִּפְסַל בֵּנְתַּיִם; תְּחִלָּתוֹ בְּפַסְלוּת - אַף עַל פִּי שֶׁסּוֹפוֹ בְּכַשְׁרוּת, פָּסוּל.
Therefore when a person is aware of evidence as a child,7 it is of no consequence for him to testify with regard to it when he attains majority.לְפִיכָךְ מִי שֶׁהָיָה יוֹדֵעַ עֵדוּת וְהוּא קָטָן, וּבָא וְהֵעִיד בָּהּ כְּשֶׁהוּא גָּדוֹל - אֵינָהּ כְּלוּם.
3There are matters concerning which we rely on the testimony which a person gives after he attains majority with regard to events that he observed when he was a child. The rationale is that these are matters of Rabbinical origin.גוְיֵשׁ דְּבָרִים שֶׁסּוֹמְכִין בָּהֶן עַל עֵדוּתוֹ שֶׁמֵּעִיד כְּשֶׁהוּא גָּדוֹל, הוֹאִיל וְהֵם דְּבָרִים שֶׁל דִבְרֵיהֶם.
The matters are as follows: A person’s word is accepted when he states: a) “This is the signature of my father,” “...my teacher,” “...or my brother,” the rationale is that the validation of legal documents is a Rabbinic requirement;8 b) “I remember that when so-and-so was married, they performed the customs performed for a virgin”;9 since most women marry when virgins and a ketubah is a Rabbinic institution;10 c) “This place11 is a beit hapras,”12 for the ritual impurity associated with such a place is a Rabbinic safeguard; d) “We would proceed until this point on the Sabbath,” because the restriction of the Sabbath limits until only 2000 cubits is a Rabbinic restriction.13וְאֵלּוּ הֵן הַדְּבָרִים שֶׁאָדָם נֶאֱמָן לְהָעִיד בְּגָדְלוֹ, עַל מַה שֶׁרָאָה בְּקַטְנוּתוֹ: נֶאֱמָן אָדָם לוֹמַר 'זֶה כְּתַב יָדוֹ שֶׁל אָבִי' אוֹ 'שֶׁל אֲחִי’ - מִפְּנֵי שֶׁקִּיּוּם שְׁטָרוֹת מִדִּבְרֵיהֶם; 'זָכוּר אֲנִי בִּפְלוֹנִית כְּשֶׁנִּשֵּׂאת, וְנַעֲשָׂה לָהּ מִנְהַג הַבְּתוּלוֹת' - הוֹאִיל וְרֹב הַנָּשִׁים בְּתוּלוֹת נִשָּׂאוֹת, וּכְתֻבָּה מִדִּבְרֵיהֶם; 'שֶׁהַמָּקוֹם הַזֶּה בֵּית הַפְּרָס' - מִפְּנֵי שֶׁטֻּמְאָתוֹ מִדִּבְרֵיהֶם; וְ'עַד כָּאן הָיִינוּ בָּאִין בַּשַּׁבָּת' - שֶׁצִּמְצוּם הַתְּחוּם עַד אַלְפַּיִם בִּלְבַד מִדִּבְרֵיהֶם.
e) “So-and-so would leave school to immerse himself in a mikveh and eat terumah in the evening” or “he would receive a portion of terumah with us.”14 'שֶׁהָיָה אִישׁ פְּלוֹנִי יוֹצֵא מִבֵּית הַסֵּפֶר לִטְבֹּל וְלֶאֱכֹל בִּתְרוּמָתוֹ לָעֶרֶב'; וְ'שֶׁהָיָה חוֹלֵק עִמָּנוּ תְּרוּמָה'.
f) “We would bring challah and presents of meat15 to so-and-so, the priest”; this applies when the presents were sent with the person himself;16
g) “My father told me, ‘This family is acceptable; this family is not acceptable’”.17
וְ'שֶׁהָיִינוּ מוֹלִיכִין חַלָּה וּמַתָּנוֹת לִפְלוֹנִי הַכֹּהֵן עַל יְדֵי עַצְמוֹ'; וְ'אָמַר לִי אַבָּא מִשְׁפָּחָה זוֹ כְּשֵׁרָה, מִשְׁפָּחָה זוֹ פְּסוּלָה'.
h) “We ate from the fruit-barrel brought by the brothers of so-and-so to inform others that their brother, so-and-so, married a woman who was not appropriate for him.18וְ'אָכַלְנוּ בַּקְּצָצָה שֶׁל פְלוֹנִי שֶׁהֶאֱכִילוּנוּ אֶחָיו כְּדֵי לְהוֹדִיעַ שֶׁאֲחִיהֶם פְּלוֹנִי נָשָׂא אִשָּׁה שְׁאֵינָהּ הֲגוּנָה לוֹ'.
All of the latter four points involve establishing a person as a priest to enable him to partake of terumah that is separated at present because of Rabbinic decree19 or to prevent him from partaking of it.שֶׁכָּל אֵלּוּ הַדְּבָרִים לְהַחְזִיק זֶה הַכֹּהֵן לֶאֱכֹל בִּתְרוּמָה שֶׁל דִבְרֵיהֶם אוֹ לִדְחוֹתוֹ מִמֶּנָּה.
4The leniency granted in all these situations to accept the testimony of a person who reached majority with regard to what he knew when he was a minor is not granted when a gentile or a servant witnessed such matters and gave such testimony after he converted and was freed.20דכָּל אֵלּוּ שֶׁמֵּעִיד בָּהֶן הַגָּדוֹל בַּמֶה שֶׁיָּדַע כְּשֶׁהָיָה קָטָן, אִם הָיָה גּוֹי אוֹ עֶבֶד כְּשֶׁרָאָה דְּבָרִים אֵלּוּ, וְהֵעִיד אַחַר שֶׁנִּתְגַּיֵּר וְנִשְׁתַּחְרֵר - אֵינוֹ נֶאֱמָן.
5If, before becoming a robber, a person knew of evidence concerning a colleague and recorded that evidence in a legal document and then became a robber, he cannot testify with regard to his signature.21 If, however, his signature to the legal document was validated in court before he became a robber, the legal document is acceptable.22המִי שֶׁהָיָה יוֹדֵעַ לַחֲבֵרוֹ בְּעֵדוּת עַד שֶׁלֹּא נַעֲשָׂה גַּזְלָן, וְנַעֲשָׂה גַּזְלָן - הוּא אֵינוֹ מֵעִיד עַל כְּתָב יָדוֹ; אֲבָל אִם הֻחְזַק כְּתַב יָדוֹ שֶׁבִּשְׁטָר זֶה בְּבֵית דִּין, קֹדֶם שֶׁיֵּעָשֶׂה גַּזְלָן - הֲרֵי זֶה שְׁטָר כָּשֵׁר.
Similarly, if a witness becomes a person’s son-in-law, he may not testify concerning his signature on a legal document involving his father-in-law. Others, however, may testify concerning the son-in-law’s signature.23 Even though the document is not validated by the court until after the witness becomes a person’s son-in-law, it is acceptable.24וְכֵן אִם נַעֲשָׂה חֲתָנוֹ - הוּא אֵינוֹ מֵעִיד עַל כְּתָב יָדוֹ, אֲבָל אֲחֵרִים מְעִידִין עַל כְּתָב יָדוֹ; אַף עַל פִּי שֶׁלֹּא הֻחְזַק בְּבֵית דִּין אֶלָא אַחַר שֶׁנַּעֲשָׂה חֲתָנוֹ - הֲרֵי זֶה כָּשֵׁר.
The disqualification of a witness because of a transgression is not the same as the disqualification of a witness because of a family connection, for a person disqualified because of a transgression is suspected of forging the document.25אֵינוֹ דּוֹמֶה הַפָּסוּל בַּעֲבֵרָה לַפָּסוּל בִּקְרִיבָה - שֶׁהַפָּסוּל בַּעֲבֵרָה חָשׁוּד לְזַיֵּף.
6When a legal document has only two witnesses signed upon it and they are related to each other26 or one of them is disqualified because of a transgression, even if the document was transferred in the presence of acceptable witnesses, it is worthless, like a shard, because of the invalid signatures inside it.27ושְׁטָר שֶׁיֵּשׁ בּוֹ שְׁנֵי עֵדִים בִּלְבַד, וּשְׁנֵיהֶם קְרוֹבִים זֶה לָזֶה אוֹ שֶׁאֶחָד מִשְּׁנֵיהֶם פָּסוּל בַּעֲבֵרָה, אַף עַל פִּי שֶׁמָּסַר לוֹ הַשְּׁטָר בִּשְׁנֵי עֵדִים כְּשֵׁרִים - הֲרֵי הוּא כַּחֶרֶס, מִפְּנֵי שֶׁהוּא מְזֻיָּף מִתּוֹכוֹ.
7The following rule applies when a person composes one legal document including testimony that he is granting all of his property to two people28 and the witnesses to the document are related to one of the recipients of the present, but not related to the other. The document is not acceptable, because it is one statement of testimony.29זהַכּוֹתֵב כָּל נְכָסָיו לִשְׁנֵי בְּנֵי אָדָם בְּעֵדוּת אַחַת, וְהָעֵדִים קְרוֹבִים לְאֶחָד מִמְּקַבְּלֵי הַמַּתָּנָה וּרְחוֹקִים מִן הַשֵּׁנִי - הֲרֵי הַשְּׁטָר פָּסוּל, מִפְּנֵי שֶׁהִיא עֵדוּת אַחַת.
If, however, he writes in one legal document that he is giving this-and-this courtyard to Reuven and this-and-this field to Shimon, and the witnesses are related to one, but not to the other, the present given to the recipient to whom the witnesses are not related is binding.30 Even though the two statements are included in one legal document, they are considered as separate testimonies.אֲבָל אִם כָּתַב בִּשְׁטָר אֶחָד: שֶׁנָּתַתִּי לִרְאוּבֵן חָצֵר פְּלוֹנִית, וְשֶׁנָּתַתִּי לְשִׁמְעוֹן שָׂדֶה פְּלוֹנִית, וְנִמְצְאוּ הָעֵדִים קְרוֹבִים לְזֶה וּרְחוֹקִים מִזֶּה - זֶה שֶׁהֵם רְחוֹקִים מִמֶּנּוּ, מַתָּנָתוֹ קַיֶּמֶת; שֶׁאֵלּוּ שְׁתֵּי עֵדִיּוֹת, אַף עַל פִּי שֶׁהֵן בִּשְׁטָר אֶחָד.
To what can the matter be compared? To a person who says: “Serve as witnesses that I gave Reuven this-and-this, that I gave Shimon this-and-this, and that I borrowed such-and-such from Levi.” Although they were all included in the same legal document and there is only one person transferring the property, they are considered as three distinct statements.לְמַה זֶה דּוֹמֶה? לְאוֹמֵר: הֱיוּ עָלַי עֵדִים שֶׁנָּתַתִּי לִרְאוּבֵן כָּךְ וְכָּךְ, וְשֶׁמָּכַרְתִּי לְשִׁמְעוֹן כָּךְ וְכָּךְ, וְשֶׁלָּוִיתִי מִלֵּוִי כָּךְ וְכָּךְ; שֶׁאַף עַל פִּי שֶׁכָּתַב בִּשְׁטָר אֶחָד, וְהַמַּקְנֶה אִישׁ אֶחָד - הֲרֵי אֵלּוּ שָׁלוֹשׁ עֵדִיּוֹת וְאֵינָן תְּלוּיוֹת זוֹ בְּזוֹ.

Quiz Yourself on Edut Chapter 14

Footnotes
1.

Or is divorced (Siftei Cohen 33:8).

2.

Note, however, the guidelines spelled out in the following halachah.
The Ramah (Choshen Mishpat 33:12) emphasizes that if a ruling was rendered while a couple was still married and then the woman died, the case may not be reopened on the basis of the testimony that her relative may give. See, however, the gloss of the Siftei Cohen 33:9.

3.

I.e., the witness’ wife. With her death, the family connection between the witness and his former father-in-law is dissolved.

4.

I.e., when he observes the event.

5.

I.e., when he delivers testimony.

6.

Bava Batra 128a derives this concept from Leviticus 5:1: “If he witnessed or saw... if he does not testify.” Implied is that the person must be acceptable as a witness at the time he sees and at the time he testifies.

7.

I.e., he was not acceptable as a witness when he observed the evidence.

8.

As stated in Chapter 3, Halachah 4. See also Chapter 7, Halachah 2, where the Rambam qualifies this leniency, stating: “[This applies] provided he is joined by another person who [learned to] recognize these signatures while an adult.”

9.

See Hilchot Ishut 16:25 which mentions some of the details of these customs, e.g., wearing a crown or a special garment, celebrating in a particular manner.

10.

As Ibid. 10:7 states, it is an obligation ordained by the Sages so that a man would not consider divorce a casual matter. If a woman is a virgin at marriage, her husband’s fundamental responsibility is 200 zuz, while if she is not a virgin at marriage, his fundamental responsibility is 100 zuz.
The Maggid Mishneh (in his gloss to Hilchot lshut 16:25) states that in contrast to the previous instance, in this and the latter instance, the word of the minor who attained majority is accepted even when no one else testifies together with him. The Radbaz defines the general principle as follows: Whenever the testimony of two witnesses are required, then the other witness must have observed the matter when he was an adult. Whenever the testimony of two witnesses is not required, there is no need for another witness at all.

11.

I.e., this place alone and not a larger area (see Kessef Mishneh).

12.

The term beit hapras refers to a field where a corpse was buried and accidentally the grave was plowed over causing the bones to be strewn over the entire field. Our Sages (see Ketubot 28a; Hilchot Tumat Meit 2:16) decreed that the area within 100 cubits of the original grave is considered as impure by Rabbinic decree.

13.

As explained in Hilchot Shabbat 27:1, according to Scriptural Law, the Sabbath limits are 12 mil (a mil is approximately a kilometer in contemporary measure). Our Sages, however, restricted these limits to 2000 cubits. As the Rambam explains in Hilchot Shabbat, ch. 28, at times there can be questions regarding the determination of a city’s Sabbath limits. Our present halachah is teaching that a person’s word is accepted when he states that he remembers being allowed to proceed until a particular point on the Sabbath, indicating that this point was within the Sabbath limits.

14.

See Hilchot Issurei Bi’ah 20:15 which describes this situation in slightly greater detail. By saying “he would receive a portion,” the Rambam emphasizes that the person whose lineage is being questioned is not a servant, because although a servant may partake of terumah given his master, he is not given a portion of terumah himself.

15.

In this context, the Hebrew term matanot refers particular to the forearm, jaw, and the maw, presents that must be given to a priest when slaughtering a kosher animal (Hilchot Bikkurim, ch. 9). There are times when the term is used in an expanded context to refer to alI the priestly presents.

16.

In this and the above instance, the person would be accepted as a priest, because of this testimony.
If, however, the person testifies that he remembers seeing the presents sent with others, his testimony is not accepted, for we fear that his recollections are not precise.

17.

The Kessef Mishneh quotes Rabbenu Nissim who interprets this as referring to a situation where there are two families in the same priestly clan. It is rumored that one is acceptable and one is not acceptable. We rely on the statements of the child who attained majority to determine which is acceptable and which is not.

18.

See Ketubot 28b. In this instance as well, the Kessef Mishneh quotes Rabbenu Nissim as explaining that we are referring to a situation where there were already suspicions regarding the acceptability of the lineage of the family in question.

19.

As the Rambam explains in Hilchot Terumah 1:26, from the time of the exile of the Ten Tribes onward, the obligation to separate terumah is Rabbinic in origin. Since the entire Jewish people do not live on the land, the regulations governing its produce do not apply according to Scriptural law. Hence certain leniencies are taken in the determination of whether or not a person is a priest. See Hilchot Issurei Bi'ah, ch. 20.

20.

Ketubot 28b states that this applies even if the gentile had the intent of converting when he observed the matter of concern. We are not certain that he would be careful with regard to all the particulars involved.
The commentaries note that with regard to the Sabbath limits, the Rambam rules that the word of a servant or maid-servant is accepted even if they were not freed (Hilchot Shabbat 28:19).

21.

For, as a robber, his testimony is not acceptable.

22.

We do not disqualify it because the person became a robber afterwards. Implied is that, although the person was acceptable as a witness when he signed the legal document, if he became a robber before the document was validated by the court, the document is not acceptable.

23.

I.e., if the son-in-law signed the legal document before marrying the person’s daughter, the document may be validated by others.

24.

Although the Shulchan Aruch (Choshen Mishpat 46:35) quotes the Rambam’s ruling, it also mentions the qualifying words of Rabbenu Yitzchak Alfasi who states that this leniency applies only when the legal document is in the possession of another person. If, however, it is in the possession of the witnesses, it is disqualified.

25.

I.e., we fear that the unacceptable witness composed a false document and dated it falsely, writing a date that preceded his disqualification. A witness disqualified because of a family connection, by contrast, is not suspected of lying or falsifying documents. He is disqualified only because of a Scriptural decree, without any rational explanation (see Chapter 13, Halachah 15, and notes).
According to the Rambam’s explanation, if the document was in the possession of others before the witness was disqualified because of his transgression, it may be acceptable even though it was not validated by the court until afterwards. This conclusion is reflected in Rav Yosef Karo’s commentary in his Kessef Mishneh and his ruling in the Shulchan Aruch (Choshen Mishpat 46:34).

26.

If, however, many witnesses signed it, it is possible that it is acceptable as stated in Chapter 5, Halachah 6.

27.

When a legal document is not signed by witnesses at all and is transferred in the presence of acceptable witnesses, it is considered as binding evidence (Gittin 3b). The signature of the unacceptable witness[es], however, causes the legal document to be disqualified. Compare to Hilchot Gerushin 1: 5-17.
The Shulchan Aruch (Choshen Mishpat 51:3) quotes the Rambam’s opinion, but also quotes the opinion of the Baal Halachot Gedolot and the Tur who refer to the explanations given in Chapter 5, Halachah 6: that perhaps the witness signed merely to fill up the empty space on the legal document. On this basis, these authorities maintain that the legal document is considered as a legal document signed by one witness. The Siftei Cohen 51:4 laboriously argues that even the Rambam would accept this view.

28.

Without dividing the property and specifying which person receives which portion.

29.

And if a portion of the testimony is nullified, the entire testimony is nullified [Kessef Mishneh, citing the Jerusalem Talmud (Makkot 1:7)].
In his Kessef Mishneh, Rav Yosef Karo elaborates in support of the Rambam’s position although Rav Hai Gaon and other Rishonim rule differently. In his Shulchan Aruch (Choshen Mishpat 51:6), however, he mentions a leniency. If the recipient who is related to the witnesses renounces all claims to the property, the other recipient may receive his share. The Siftei Cohen 51:6 disputes this ruling, stating that according to the principle: “If a portion of the testimony is nullified, the entire testimony is nullified,” the testimony cannot be restored by any means.

30.

Since the statements are distinct, we divide the testimony and accept the portion which is acceptable and reject the other portion.

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.
Download Rambam Study Schedules: 3 Chapters | 1 Chapter | Daily Mitzvah
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.