Rashi: why can’t gamblers testify?
- bc they are considered robbers so they’re rashas so testimony=false
- not involved in world so does not know laws of buisness 3. not afraid to sin
rashi: why can’t ppl who charge loans w interest testify?
Since the covet for money causes him to disobey the Torah, he is therefore like a רָשָׁע when it comes to חמס. He disregards the Torah and “tilts” after money. He cares more about money than Halacha. Putting money before justice and ethics. compromising torah for $.
rashi: why gambling considered theft?
bc of lack of daat
Rashi: why can’t מומר give testimony?
he is doing this because of the money (since it is cheaper than kosher meat), He is like a רָשָׁע who takes money illegitmately—and therefore can’t give testimony.
This person does not abide by the laws of the Torah bc wants a monetary advantage.
Rabbeinu Chananel: why can’t מומר give testimony?
Just like in his desire to eat meat, he is willing to violate the “איסור.” So too, in his desire for something else he will take money and break the “איסור” of giving true testimony.
Rashi: why do we accept testimony of borrower against bar bnitos? isnt he also a rasha?
yes. but we cant consider him as one bc u cant confess. so we accept testiony against bnitos but not the confession against borrower gives against himself. borrower’s statement is split into confession and testimony. testimony accepted and confession is not
Rashi: why can plony be killed? and u are let off the hook?
We don’t assume that a relative’s testimony is not true, we just don’t accept. It’s as if they are silent. Therefore, when testifying against yourself we don’t not accept it because it is considered a lie, it is only because it’s as if it didn’t happen. It is as if it was stricken from the record. our confession is stricken from record and testiony against him is not
Rashi: why does butcher grow hair and nails
shaming himself
Sefer Hachinuch: If a person sees something bad/is a witness, he must testify. If he doesn’t, that person is sinning
when it comes to a monetary case, a person can wait to be summoned to court as a witness. However, a case relating to morality, you must go to court without being summoned in order to rid society of evil.
Rambam: If a person sees something bad/is a witness, he must testify. If he doesn’t, that person is sinning
if you have the opportunity to save someone’s life. You can’t be a bystander. You must save the person. In America it is optional, but in Jewish law it is an obligation. YOU MUST TESTIFY IT WILL SAVE/HELP SOMEONE!
Rambam: how do we know if witness is telling truth?
we don’t. but we follow him bc torah tells us we must. same goes for neviim. We are only responsible up until a point. God will deal with the hidden things. This is because humans can only see with their eyes (physical), while God sees through the heart. (Brings up the story where Shmuel goes to find the next king. David’s father said it can’t be David, but Shmuel responds that you only see with the eyes but Hashem sees with the heart.
Rashbam: u should not lift up false hearing or join with evil ppl
Just like a witness is warned about giving false testimony, a judge is warned that he has the obligation to seek out and investigate. He must not let something false be heard.
● You might think it is not as bad to get up and lie with 2 other people who are going to lie anyway since the verdict will not change. You still CAN NOT join in with them. You can not join with a Rasha!
Meiri: why can’t gambler testify?
- Same as Rashi. 2. A gambler is used to lying, and he has no shame about it. He might not know what is really going on, and if so, he won’t admit to it, but just make something up. Lying is like a habit for him so we can’t trust his testimony.
Yad Ramah: why can’t gambler testify?
He won’t have mercy on people’s money since he is used to doing it himself. It’s a character issue.
Rambam: why can’t gambler testify?
In the Torah it says that a person should engage themselves in 2 things…1. Wisdom to fulfill himself/complete oneself. 2. Business that helps benefit the world. (However, it is better to lessen #2 for #1). Answer in short—the witness needs Credibility. You need to be someone who does basic things in the world.
- Why shouldn’t we have an equal balance of 1 and 2? Wisdom is what the soul is designed to do! It is an ends to itself. The process of perfecting yourself os the ultimate goal. The soul is designed to have wisdom and attempt to perfect itself.
- Contributing to society - means to an end. That is why wisdom is better. Both are good, but in different ways; They are not equal. He doesn’t say Torah, he says wisdom because it’s not about Mitzvot…It is about a means to an end/an end to itself.
rashi: rabbah: a person cannot incriminate themselves. what about confession=100 witness pasuk?
- this pasuk only applies to confession of debt which is voluntary until taken upon oneself. 2. we must differentiate between criminal activity and regular monetary debt
1) Rambam: We say that verbal confession doesn’t count towards death or lashes But 2 cases are brought up where someone’s verbal confession got them killed. How do we explain this?
- A Navi has the power to temporarily change a law.
- In one of the cases, David wasn’t functioning as a judge, but as a king, where their obligations are DIFFERENT. These were just 2 exceptions.
Rambam says how we don’t accept someone’s testimony because they might be depressed, and confess to something they didn’t do since they want to die. However, Rambam admits that this idea is a little far fetched, and says that we don’t accept confession because Hashem told us to.
רדבז - If a person confesses, we don’t believe him. why not?
Ultimately, we don’t really know the reason for this, but we can try to understand. The life of a person does not belong to himself, it belongs to Hashem. A confession does not work for something that is not his. When it comes to money, we accept it since it is a person’s own. Just like a person can’t kill himself, he confess to a crime where he thinks he deserves death. But at the end of the day, Hashem told us to do this so we follow. There is no clear reason why.
