Kosher Witnesses #2

(1) Disqualified Testimony Due To Familial Relationship or a Woman or Slave, 18 Seifim: Paragraph 1- Any individual who is disqualified from judging is also disqualified from testifying with the exception of one who likes or hates a litigant who is qualified to testify notwithstanding his disqualification from judging.

(2) 2- The following are the rules of disqualifications: Brothers, whether paternal or maternal, are first connections to first connections. Their children are second to second. Their grandchildren are third to third. A third with a first is always valid, and certainly a third with a second is valid. A second and a second, however, and certainly a second and a first, are disqualified. Therefore, a grandfather with his grandsons is disqualified because a father and son are a first and first just like a person with his brother. A great-grandfather with his great-grandson is valid because it is a third with a first. The same rule applies to females. How so? Two sisters or a brother and sister, whether paternal or maternal, are first and first. Their children, whether male or female, are second and second. Their grandsons and granddaughters are third and third. (Tur) There are those that says a third and first are disqualified RAMA: and this is the appropriate ruling. There are those that say it is only a rabbinical disqualification, although the other disqualifications are biblical. The practical difference is in a case of witnesses to a marriage, as will be explained in Even Haezer Siman 42 (Mordechai). There are those that says that one’s mother’s relatives are also only rabbinically disqualified.

(3) 3- You are disqualified to the husband of any woman you are disqualified from and you are disqualified to the wife of any man you are disqualified from because a woman is like her husband. According to the view that a third and first are disqualified, his wife would be valid because that is far-fetched. (Nevertheless, if they are judging on a case where her husband will obtain a benefit from the ruling, he is disqualified from testifying for her because whatever a woman acquires is acquired by her husband.) (Mordechai)

(1) Witnesses Disqualified Due to Sin. 35 Seifim: Paragraph 1- A wicked person is disqualified from testifying. Even a valid witnesses that knows his colleague is wicked, but the judges are unaware, is prohibited from testifying with him, even though the testimony is accurate. All the more so in a case where a valid witness has testimony for a party and he knows that his co-witness is a false witness, is he prohibited from testifying with him.

(2) 2. Who is considered wicked? One who violates a prohibition that is deserving of lashes. All the more so in a case where he is deserving of court-prescribed death. It does not matter if he violated it out of desire or out of spite. If one violated a prohibition that is not deserving of lashes, he is rabbinically disqualified from testifying.

(3) 3. If the sin he violated was rabbinical, he is rabbinically disqualified. There are those that say that one is only disqualified for a rabbinical sin that was done because of desire of money.

(4) 4. Those that have a buried a body on the first day of Yom Tov are able to testify, even if a nidui was placed on them and they repeated the violation because they believe they are doing a mitzvah and the nidui was simply for atonement purposes. The same applies to any prohibition where we are able to say that he violated it out of error. See earlier Siman 24. One who lifts his hand to strike his friend is rabbinically disqualified from testifying.

(17) 17. One who is not familiar with Chumash, Mishna or the ways of the worlds is in the category of wicked and is rabbinically disqualified from testifying. Therefore, we do not give or accept testimony from an ignoramus unless he is established as someone who participates in mitzvos and good deeds and goes in the straight path and is civilized, notwithstanding the fact that he is an ignoramus and is not familiar with Chumash or Mishna. In sum, any scholar is assumed to be valid until he is disqualified and any ignoramus is assumed to be invalid until he is established as someone who goes in the right path. Anyone who accepts the testimony of an ignoramus before he is established as going in the right path or before witnesses come and testify that he keeps the mitzvos and is civilized, is a fool and will have to answer for his actions in the future because he is destroying Jewish money based on the words of the wicked.

(18) 18. Low-lives are rabbinically disqualified from testifying. These are people who walk and eat in the market in front of everyone. People like this go naked in the market when they are working on a disgusting matter or something similar in that they do not have any shame and are considered like dogs and do not care about testifying falsely. Included in this are those that publicly accept charity from gentiles, even though it is possible for them to be supported privately. They degrade themselves and have no care. All of these are rabbinically disqualified. Anyone who accepts payment to testify has his testimony nullified just like someone who takes payment to judge as was explained above in 9:5. No formal announcement is required. The ruling and testimony are void automatically. If he returns the money, his ruling and testimony are valid because it is not like other disqualifications where a formal announcement and repentance are required. It is merely a fine that the rabbis instituted that any action he takes should be void if he accepts payment. This all applies to witnesses that already saw the incident and are obligated to testify just as a person is obligated to judge between two litigants. However, it is permitted for someone who is not required to testify to accept payment to go and see the future incident. If a judge already ruled and a party brings him a gift for advocating for him, he is prohibited from accepting the gift. Anything a person testifies because of fear of pain has no substance.