The status of "unfit" witnesses in Jewish marriage law
This article discusses the concept of "unfit" witnesses in Jewish law in general, and in marriage in particular (qiddušin), considering three areas. First, rabbinic literature examines the status of a known sinner suggesting "that he may have entertained thoughts of remorse in his hea...
| Published in: | Hebrew Union College annual / Jewish Institute of Religion |
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| Subtitles: | קבלת עדים פסולים במשפט העברי ובבית הדין הרבני |
| Main Author: | |
| Format: | Print Article |
| Language: | Hebrew |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
|
| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
College
2006
|
| In: |
Hebrew Union College annual / Jewish Institute of Religion
|
| Standardized Subjects / Keyword chains: | B
Judaism
/ Culture
|
| RelBib Classification: | BH Judaism |
| Further subjects: | B
Marriage law
B Witness B Legislation Theology B Marriage |
| Summary: | This article discusses the concept of "unfit" witnesses in Jewish law in general, and in marriage in particular (qiddušin), considering three areas. First, rabbinic literature examines the status of a known sinner suggesting "that he may have entertained thoughts of remorse in his heart." This approach was applied to marriage law in twelfth-century Ashkenaz. It was perhaps necessary for wedding ceremonies performed among forcibly converted Jews (anusim) prevented from maintaining halakhic standards. This study notes the historical development of this doctrine and its application to other situations by halakhic authorities. Second, the doctrine of a minor raised in a non-Jewish environment. This minor is not considered a "sinner" if he was raised among non-Jews, and was unaware of his Jewishness. Rabbinic authorities facilitated his return to Judaism. In modern times this doctrine was extended to include Jews who, for reasons of ideology or life-style, did not maintain halakhic standards. Special attention is paid to practice in the United States and in Israel. Third, the study explores the acceptance of "unfit" witnesses in ceremonies where halakhic witnesses are not readily available. |
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| ISSN: | 0360-9049 |
| Contains: | In: Hebrew Union College-Jewish Institute of Religion, Hebrew Union College annual / Jewish Institute of Religion
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