REVACH L'DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net
|
|
SUMMARY
1. First cousins may not testify for each other.
2. Two relatives may not testify together.
3. Rav maintains that a Shlishi may not give testimony for a Rishon.
4. The brother of a person's mother-in-law or father-in-law is not a valid witness.
5. The wives and husbands of all of the relatives have the same Din as their spouses.
6. There is a Machlokes regarding whether a person may testify for his brother's brother.
7. A person is not permitted to testify for his Arusah.
8. There is a Machlokes regarding if the sons and sons-in-law of a person's brother-in-law may testify for him.
9. Rebbi Elazar maintains that it is not necessary for the witnesses to sign on a Shtar.
|
A BIT MORE
1. First cousins are considered Sheni b'Sheni and are Pasul to testify for each other. Their testimony is considered invalid both for Zechus and for Chov, with regard to both Dinei Mamonos and Dinei Nefashos.
2. Two relatives are Pasul to testify together. However, three brothers may testify together that a person has a Chazakah on a certain property for three years, provided that each of the brothers testifies on a different year together with a second witness from outside the family.
3. According to Rav a person may not testify for his great uncle. Rav maintains that the testimony of a Shlishi b'Rishon (a third-generation relative testifying on behalf of a first-generation relative) is invalid. Rav does maintain that the testimony of a Shlishi b'Sheni, however, is valid, which means that a person is permitted to testify for his father's first cousin (i.e., his great uncle's son). Rebbi Elazar invalidates even the testimony of a Shlishi b'Sheni. The Tana of the Mishnah permits even a Shlishi b'Rishon to testify.
4. The brother of a person's mother-in-law or father-in-law may not testify for that person. That brother's sons are also Pasul to be witnesses. Similarly, the sons of a father-in-law's sister or a mother-in-law's sister are not permitted to serve as witnesses.
5. A person may not testify for a relative's spouse. A person may not testify even for his stepson's spouse even though a person may testify for his stepson's children.
6. Rebbi Yirmiyah maintains that a person may not testify about the child of his parent's spouse because that child would be the brother of his own brother, while Rav Chisda disagrees and maintains that a person may testify on behalf of such a stepbrother.
7. When a person has performed Eirusin with his wife but has not yet performed Nisu'in, she is not considered a relative. Consequently, if she dies her husband is not considered an Onen, and if he is a Kohen he is not permitted to become Tamei for her. Nevertheless, a husband is still not permitted to testify for his Arusah because he has a close relationship with her.
8. Rebbi Yehudah maintains that a person may not testify for his brother-in-law (the husband of his wife's sister) or for his brother-in-law's sons or sons-in-law. Rebbi Yosi maintains that a brother-in-law is a Pasul witness only with regard to testimony for the brother-in-law himself, but he may testify for the sons and sons-in-law of his brother-in-law.
9. According to Rebbi Elazar, a Kinyan can be accomplished through the transfer of a Shtar as long as witnesses saw that the Shtar was delivered. It is not necessary for the witnesses to sign on the Shtar in order for the Kinyan to take effect. Rebbi Elazar agrees, however, that if witnesses did sign on the Shtar, the Shtar is invalidated if those witnesses are Pesulim.
|
Next Daf
Index to Revach for Maseches Sanhedrin
|
