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...
Torah Reading – If the Reader Shows the Oleh the Wrong Place; Leaning on the Teba
Monday and Thursday as Days of Compassion
Protocol When Entering a Synagogue; Standing at a Berit Mila and Pidyon Ha’ben
Placing the Rimonim on the Torah Scrolls; Removing the Torah From the Ark
Are Magic Shows Permissible?
Can a Torah Scholar be Exempt From the Misva of Procreation?
The Special Importance of Sedaka
Amira L'Akum- Instructing a Non-Jew to Perform Less Than the Minimum Measure of a Melacha
Amira L'Akum: Instructing a Non-Jew to Perform a Forbidden Labor Not Intended for Its Own Sake
Cards and Stickers With the Words “En Od Milebado”
How Many Children Must One Have to Fulfill the Misva of Peru U’rbu?
Beautifying Misvot
Consulting One’s Spouse Before Liquidating Assets
The Misva to Eradicate Amalek, and the Controversy Surrounding Accepting Reparations from Germany
The Status of the Unborn Kohen
Page of 239
3585 Halachot found