Rambam - 1 Chapter a Day
Edut - Chapter 11
Edut - Chapter 11
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).
Hence he is likely to accept a bribe to deliver false testimony.
I.e., to sign on a legal document or to observe a business transaction.
If he was designated as a witness (Sefer Me’irat Einayim 34:43).
Since he is unlearned, we assume that he lacks the other positive qualities mentioned in the previous halachah.
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.
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.
Yevamot 63b states: “There is no one more disgusting and more despicable... than someone who goes unclothed in the marketplace.”
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).
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.
In this way, everyone will be advised not to rely on him.
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.
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.
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.
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.
Examples of - and the rationale for - this leniency is explained by the Rambam in the following halachah.
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.
Whose word is not ordinarily accepted with regard to questions whether his own produce has been tithed.
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.
I.e., meat that is not from a firstborn.
I.e., even if they transgress themselves, they will hesitate before causing another person to transgress.
They will not, however, fear causing a person monetary loss.
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.
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.
Chapter 1, Halachah 3.
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).
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.
Individuals who turn their back on Jewish observance (Hilchot Teshuvah 3:9).
I.e., to kill them. See Hilchot Avodat Kochavim 10:1; Hilchot Rotzeach 4:12.
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