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...
“Lehem Mishneh” – The Two Loaves at the Shabbat Meal (Part 1)
“Kiddush Bi’mkom Se’uda” – Rice, Dates and Noodles
Kiddush At a Berit Mila on Shabbat; Hearing Kiddush in One Place and Eating in Another
Tasting the Shabbat Food on Ereb Shabbat
The Requirement to Eat or Drink Wine After Kiddush
Is It Permissible On Shabbat To Allow Security Video Cameras or Walk By A Light Activated By Motion Detector
Involving Oneself in Shabbat Preparations
The Case When Family Members Speak Before Drinkng The Wine After Kiddush Is Heard
Kiddush – If Somebody Forgot to Recite Kiddush on Friday Night; If Somebody Does Not Have Wine or Cannot Drink Wine
Reciting the Weekday Amida on Shabbat if No Siddur is Available
Asking Somebody to Peform Melacha After Accepting Shabbat Early
Eating the Friday Night Shabbat Meal Before Dark
Inviting a Non-Observant Jew to a Simha or to One’s Home on Shabbat
If One Spends Shabbat in a Hotel That Uses Electronic Keys
The Status of Electricity With Regard to Bishul Akum, Cooking on Shabbat, and Shabbat Candles
Page of 239
3585 Halachot found