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...
How Many Men Who Have Already Prayed May be Counted For a Minyan to Allow the Repetition of the Amida?
Should One Stand When Reciting “Nishmat Kol Hai” on Shabbat Morning?
Praying & Learning While at Work
Who Receives the First Aliya if There is No Kohen in the Synagogue?
May a Kohen Refuse the First Aliya?
Must One Stop His Learning To Help Complete A Minyan
Lending & Borrowing Tefilin
The Procedure for Taking Three Steps Back After the Amida
Torah Reading – If the Oleh Recites the Wrong Beracha
If A Minyan Becomes Less Than 10 During The Reading of Sefer Torah
The Prohibition Against Leaving the Synagogue During the Torah Reading
Reciting Kaddish After the Torah Reading
Which Daily Prayers Must a Woman Recite?
The Value of Praying Where One Learns, and Praying in the Synagogue
Can Someone be Counted Towards a Minyan if He is Sleeping?
Page of 239
3585 Halachot found