DailyHalacha.com for Mobile Devices Now Available

Halacha is In Memory of
 YONA CHAIM BEN MAZAL NASIMOV

Dedicated By
IRINA AND EDDIE KATANOV

Click Here to Sponsor Daily Halacha
      
(File size: 1.18 MB)
The Status of a Relative Through Marriage With Respect to Testimony

There is an important rule relevant to the Halacha of "Kerobim," the law disqualifying relatives from serving as co-witnesses or testifying about one another. The rule is that "Ba’al Ke’ishto Ve’isha Ke’ba’alah" – a husband is considered the same as his wife, and a wife is considered the same as her husband. Meaning, when we determine the nature of a familial relationship between two prospective witnesses, their wives’ relatives are considered their own relatives. Practically speaking, this means that two men could be disqualified from serving as witnesses together or testifying about one another even if they are not blood relatives, and are related only through marriage.

For example, as the Aruch Ha’shulhan (Rav Yechiel Michel Epstein of Nevarduk, 1829-1908) discusses in Hoshen Mishpat (33:4), a person cannot testify for or against his relative’s husband – such as his sister’s husband, or his first cousin’s husband. Even though the two men are related only through marriage, and are not blood relatives, the testimony is disqualified because a husband is considered a direct relative of his wife’s relatives. By the same token, one would be disqualified from testifying about his relative’s wife.

A more complicated application of this rule is a case of two men who are married to sisters. Each husband assumes the same status as his wife, and therefore these two men are regarded as "brothers" with respect to testimony. As such, they would not be allowed to serve as witnesses together, or to testify about one another, even though they are related only through their wives. This would be a case of "Rishon Be’rishon" – testifying with or about a direct family member – since the two men are considered "brothers."

Summary: Just as one cannot testify with or about a relative, one also cannot testify with or about a relative’s husband, or about a relative’s wife. Thus, for example, one cannot serve as a co-witness with his sister’s husband or his cousin’s husband, and may not testify for or against his cousin’s wife or his brother’s wife. Likewise, two men who are married to sisters cannot testify with each other or about one other.

 


Recent Daily Halachot...
Eating and Drinking After Mayim Aharonim, or After Expressing One’s Intention to Recite Birkat Ha’mazon
Is It Required To Say Shehakol If Birkat HaGefen Is Heard?
Reciting a Beracha Over Medications
If a Group of Ten or More Men Forgot to Recite “Elokenu” in the Zimun
Does One Answer Amen to a Beracha Which is Unwarranted According to His Custom?
Is There a Beracha That One Recites During an Earthquake?
The Berachot Recited Over Thunder and Lightning
Does Halacha Treat Ice Cream as a Food or a Beverage?
The Proper Sequence of Berachot When Eating an Apple and a Banana
Must One Recite the Beracha of Mezonot Over Dessert?
Reciting Birkat Ha’gomel After Being Released From Prison
Reciting Birkat Ha’gomel After a Trip That Violated Halacha
Using a Small Amount of Water for Mayim Aharonim
Asher Yasar – The Importance and Basic Interpretation of the Beracha
Should One Interrupt His Beracha Me’en Shalosh to Answer to Kaddish or Kedusha?
Page of 239
3585 Halachot found