Barry Epstein asked:
The Baraisa talks of a town where the inhabitants had a Torah that was stolen. The thief was apprehended. The Baraisa rules that none of the inhabitants can testify as they are not impartial witnesses. Nothing more is said on the subject. How do the people recover their Torah is no one in the town is allowed testify?
Barry Epstein, dallas, usa
The Kollel replies:
Dear Barry
Hello there and thanks for your question. In the case you mentioned, only out of town witnesses would be valid. As far as practical application is concerned, the Rema (CM:37:19) rules that if there are other Sifrei Torah in the city, there is no problem, since they are not dependent on the stolen Sefer Torah.
All the best.
Y. Landy