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October 28, 2016 / 26 Tishri, 5777

Posts Tagged ‘witnesses’

Upgraded Security for Prosecutors, Witnesses in IDF Hebron Soldier’s Trial

Thursday, July 7th, 2016

Israel has upgraded protection of prosecutors in the manslaughter trial of an Israeli soldier who killed a Hebron terrorist while he was lying injured on the ground after stabbing another soldier. Military prosecutors in the case received extra security after being threatened, according to a report by Israel’s Channel 2 television news.

Four IDF soldiers testifying in the trial have also been given extra security after expressing fear for their safety.

IDF Sgt. Elor Azariya was charged with manslaughter after he killed Abdel Fattah al-Sharif in March.

The terrorist had launched a stabbing attack on soldiers at the site together with a second terrorist. Other troops at the scene had already opened fire in defense and killed the second terrorist.

Hana Levi Julian

A Wedding Without Witnesses?

Thursday, June 9th, 2016

The teenage boy who slipped a ring on the finger of the girl in a secluded location at summer camp while saying harei at mekedushet li – you are betrothed to me – has not gotten the girl into trouble, as long as there was nobody around who witnessed the “ceremony.”

This is because a marriage ceremony conducted in private between bride and groom, with no witnesses present, is ineffective and the “bride” is free to marry another person without having to undergo a Jewish divorce ceremony.

The requirement of two witnesses for an effective marriage is derived from a gezerah shavah, an analogy based on the Torah’s use of the word davar – a claim both in the verse dealing with commercial matters and in the verse dealing with marital affairs: al pi shnei eidim yakum davar – a claim must be established by two witnesses – and ki matza ba ervat davar – he has a claim of sexual misconduct against her.

A person who claims he lent money cannot win a judgment unless he brings two witnesses to court to substantiate the facts of the claim. So too, a spouse cannot claim to have entered into an effective marriage unless there are two witnesses who can testify that they witnessed the marriage take place.

What happens if just one person witnessed the “marriage ceremony”? In commercial matters, the testimony of one witness has some significance in so far as the defendant against whom the single witness testifies must pay the disputed amount unless he takes an oath in court that he never borrowed the money.

And what if both “bride” and “groom” admit they entered into the “marriage ceremony” even though nobody witnessed it? If one is consistent in drawing the gezerah shavah, the analogy between marriage and commercial matters, then the marriage should be effective. After all, the rule in commercial matters is hoda’at ba’al din keme’ah eidim damei. This means that if the defendant admits he borrowed the money, the admission is equivalent to the testimony of 100 witnesses and he must pay. So why should the case of the marriage entered into without witnesses be any less effective if both bride and groom admit they entered into marriage?

The answer lies in the unique nature of the testimony required in marital matters. Witnesses to a marriage are eidei kiyum, which means their testimony is required to make the marriage transaction legally effective.

The concept of eidei kiyum can be better understood by borrowing from the modern legal concept of the Statute of Frauds or Section 9 of the Israel Land Law, both of which require a signed document for a sale of land. Without a signed document, there is no sale and a purchaser cannot force the “seller” to transfer his house even if the seller admits that he promised the purchaser to do so.

So too without witnesses the marriage is not effective in Jewish law, even if the couple admits they entered into marriage. This is different from the nature of the testimony given by witnesses to a commercial transaction, such as a loan. In the case of a loan, witnesses are not required to make the loan transaction legally effective. The loan can be legally effective without them. Witnesses are only required to prove that the loan took place if the defendant denies it. Witnesses to a loan transaction are eidei hochachah, probative witnesses. This means they are required to counter a denial but they are unnecessary if the borrower admits that he owes the money.

The Ketzot Hachoshen, however, rejects this distinction. If, as explained above, the requirement for two witnesses at a marriage ceremony is derived from an analogy to commercial transactions, then the nature of witnesses must be the same and they must both be witnesses of the eidei kiyum type. If so, why does the couple’s admission not render the marriage effective?

Raphael Grunfeld

‘I Didn’t Mean to Hurt the Judge’s Feelings’ Says Sara Netanyahu’s Lawyer

Wednesday, June 1st, 2016

The attorney for Prime Minister Benjamin Netanyahu’s wife Sara expressed regret Wednesday over harsh remarks he made against the judge during a court session over a case involving a former domestic employee in the Netanyahu household, according to the Hebrew-language 0404 website.

Attorney Yossi Cohen told media following the appearance in court, “I appreciate the entire justice and court system and judges, and always treat them with respect.

“My criticism of the [District] Court focused on a specific legal procedure that infringed on Mrs. Netanyahu’s legal right to call witnesses.

“I had no intention of hurting the personal feelings of the judge. I apologize if things were understood otherwise.”

Hana Levi Julian

Report: Syrian Army Chemical Missile Kills 100 (Video)

Wednesday, August 21st, 2013

Israel’s Channel 10 News cites a report from the opposition to Syrian President Bashar Assad that the Syrian army has launched a surface-to-surface missile in a suburb of the capital Damascus, killing more than 100.

The reliability of the report not yet clear, according to Channel 10, and it is not known what type of chemical was used.

According to the report, the Syrian army is bombing the towns of Tamara and Zamalka, on the outskirts of Damascus. The rebels are reporting dozens of injuries. It was also reported that the army has shot down a rebel helicopter.

Several Arab news channel have carried this report. The alleged attack took place while a UN mission with some 20 inspectors is in Damascus to investigate earlier reports of chemical weapons use.

The inspectors are expecting to visit three sites, most notably Khan al-Assal near Aleppo. According to the UN, 13 reports of chemical weapon attacks have been received to date – not including today’s report.

UN chief Ban Ki-moon said the investigators intend to collect samples, conduct interviews with witnesses, victims, and attending medical personnel, and conduct autopsies.

Meanwhile, according to Reuters, the Syrian army has attacked rebel positions in the eastern city of Deir al-Zor on Tuesday, countering a rebel advance that threatened to take the whole city. Deir al-Zor, on the banks of the Euphrates, 270 miles northeast of Damascus, is the capital of an oil-rich region bordering Iraq.

Yori Yanover

Printed from: http://www.jewishpress.com/news/breaking-news/video-syrian-army-launched-chemical-head-missile-at-rebels/2013/08/21/

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