[Avodah] women giving testimony in court [was: police misdeeds and trial evidence]

[T613K at aol.com]

RCM wrote:
>>I suspect that women can not testify because of  a gezairas hakasuv (see 
Shovuos 30a) and not as the result of some rational  sevara....<<
 
and later wrote: 

>>I asked our magid shiur at daf yomi  if he knew of any source for a sevara 
why nashim can not testify. He directed me  to the following Chezkuni in Gen. 
18:15 quoting a Yalkut Shimoni:
Vatekachesh  Sarah Laimor: Mikan shehanashim pesulos l'aidus, lefi 
shemekachshos mipnai  hayiroh.<<






>>>>
My father said that women can't be eidim (eidos?)  because they tend to see 
the whole picture and don't confine themselves to "just  the facts, ma'am."   
They will not only say that the guy picked up the  knife but will also include 
his emotions, his motives, the whole context.   He also said that HKBH judges 
people the way women do -- seeing the big picture,  the inside of a person as 
well as his outward actions -- but a bais din cannot  judge that way.
 
No, I am not claiming that is *the* reason but I'm sure it's part of the  
reason.
 
He also gave other reasons:
 
One reason is similar to why women are exempt from mitzvos asei shehazman  
grama -- they have household duties that are of greater importance than public  
affairs.  And you can't make a rule that exempts some women and not others,  
or that lets women themselves decide whether they're too busy to testify or  
not.  Women as a class are responsible for children and households.
 
And another reason is concern for the dignity and modesty of women, not to  
subject them to the hurley-burley of court.
 
Yes, yes, I know that women nowadays don't /want/ their dignity protected  
this way and don't /want/ to be responsible for children and home and so on and  
so on.  I know, I know.
 
BTW my father also said that you see from other mitzvos that the reason for  
exempting women from testifying is NOT because they are not trustworthy.   In 
matters that are of utmost weight -- even involving possible penalties of  
kareis -- a woman's word is totally believed.  If she says she did bedikos  and 
is not nidah, or if she says she went to the mikva, or if she says she  checked 
the rice for bugs or kashered the kitchen for Pesach, etc.,  etc., her word 
can be relied on.


--Toby  Katz
=============






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