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Bibil Identifier bibil:202365
Publication Type Journal article
Title (English, Long) The Status of "Unfit" Witnesses in Jewish Marriage Law
Title (Modern Hebrew, Long) קבלת עדים פסולים במשפט העברי ובבית הדין הרבני
Author Shiber, Yair
Journal Hebrew Union College Annual (Volume: 77)
Year (Publication) 2006
Year (Original (1st Edition)) 2006
Year (Copyright) 2006
Year (Reference) 2006
Year (Second publication) 2006
Language Modern Hebrew
Pages עא-פז Pages
Genre Original
Abstract 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.
Keywords Thesaurus BiBIL : Milieu : Ancient Judaism : Themes : Marriage
Last modification 2017-10-27