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Misva #75: Not to have a sinner testify

Misva #75: Not to have a sinner testify

FromSefer Hachinuch


Misva #75: Not to have a sinner testify

FromSefer Hachinuch

ratings:
Length:
20 minutes
Released:
Nov 17, 2021
Format:
Podcast episode

Description

The Torah commands in Parashat Mishpatim (Shemot 23:1), “Al Tashet Yadecha Im Rasha Li’hyot Ed Hamas” – literally, “Do not place your hand with a wicked person to be a false witness.” Our oral tradition interprets this verse to mean that a Bet Din may not “lend a hand” to a wicked person and allow him to testify in the court. The phrase “Ed Hamas” is understood as referring to a thief who serves as witness, and the Torah forbids courts from accepting testimony from such a witness. We might wonder, at first glance, why the Torah disqualifies a sinner from serving as a witness. If he indeed witnessed the event, then what difference does it make whether or not he observes the Torah’s commands? The Sefer Ha’hinuch explains that if a person has no regard for his own wellbeing, violating G-d’s will without worrying about the consequences of his misconduct, then he presumably does not care about the wellbeing of others, either. If he does not look after himself by ensuring to obey G-d’s laws, then he cannot be trusted with respect to other people, and we must therefore suspect that he might testify falsely. In discussing this command, the Sefer Ha’hinuch lists the ten categories of people who are disqualified from serving as witnesses according to Torah law: 1) Women. It is clear that the Torah does not regard women as less trustworthy than men. After all, wives are trusted to determine their halachic status vis-à-vis the prohibition of Nidda (relations with a menstrual woman), which is punishable by Karet (eternal excision from the Jewish Nation). If a woman tells her husband that she is Tehora (ritually pure, such that relations are permissible), then she is trusted. Likewise, women are trusted with regard to the permissible status of food which they prepare and serve. Nevertheless, there is a Gezerat Ha’katub (“Scriptural decree”) which disqualifies women from serving as witnesses, for reasons which we are unable to grasp. 2) Servants. 3) Minors. 4) People who cannot hear or cannot speak. 5) Shoteh – a person whose mental faculties are impaired. 6) A blind person. While at first this might seem obvious, in truth, we might have assumed that a blind person can testify about what he heard somebody speak. Halacha therefore clarifies that a blind man is not accepted as a witness. 7) Reshaim – wicked people. This refers to people who commit violations punishable by either Malkut or execution, or who commit financial crimes. 8) “Anashim Bezuyim Be’yoter” – people who act in a self-degrading manner. The Poskim give the examples of people who eat outside in the marketplace, or who walk about unclothed. 9) Family members are not accepted as witnesses to testify about one another, neither in their favor or against them. This disqualification does not stem from any suspicion of dishonesty, as evidenced by the fact that family members cannot even testify against one another. Moreover, the Gemara states that Moshe would not have been accepted as a witness to testify about his brother, Aharon, even though Moshe would certainly never be suspected of dishonesty. This disqualification rather constitutes a “Gezerat Ha’katub.” 10) “Noge’a Be’edut” – somebody who has some vested interest in the case, and is thus biased. In addition, the Rabbis enacted that a “Mesahek Be’kubya” – a career gambler, who gambles for a living, rather than engage in a constructive profession – may not serve as a witness. One reason given for this disqualification is that his earnings are, in a sense, received via theft. When he gambles against other people, they all hope to win, and they relinquish their money to the winner reluctantly, such that this money was not transferred wholeheartedly. Secondly, Rashi writes in Masechet Erubin (82) that a career gambler makes his money easily, and does not appreciate the hard work and effort that other people need to invest in order to earn money. As such, he might not be careful with other people’s money, and therefore cannot be tru
Released:
Nov 17, 2021
Format:
Podcast episode

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