[Avodah] (no subject)

Elazar M. Teitz remt at juno.com
Mon Jul 28 01:49:27 PDT 2008


R. Zev Sero wrote

<In any case, as I pointed out earlier, non-eidus evidence, including women's testimony, is admissible in order to impeach witnesses.>

R. Yitzchak Grossman asked
  
<You have said this several times; what is your source?>

and RZS responded

<For one thing, the eidim for kidush hachodesh were examined, in part,
by comparing their testimony to Rabban Gamliel's chart; if they said
something that the chart showed was impossible, their testimony was
dismissed, even if their internal consistency was perfect.>

     The chart was not evidence; it was an aid to the witnesses in giving their testimony.  If they were able to describe the situation without recourse to the chart, their testimony would have been rejected as well -- internally consistent testimony to an impossibility will never be accepted.  The chart's purpose was to make clear what it was that they were attesting.  It was not the chart that impeached their testimony; it was their stating that they had seen an astronomically impossible situation pictured on the chart which made their testimony unacceptable.  

     That is hardly comparable to the situation under discussion, which is whether the use of evidence independent of their testimony can be used to impeach what they attested.  

     (There is one such case discussed in the g'mara: where they testified about the death of an individual, and ba harug b'raglav.)

     As for women, other than the cases in which they are acceptable as witnesses (sotah, eglah arufah, death of a husband), their testimony is completely disregarded where there are valid witnesses; and even where they _are_ eligible to testify, while we follow the majority in cases where they contradict one another, yet if 100 women are contradicted by one valid male witness, his testimony is the equivalent of theirs.

EMT

____________________________________________________________
Help others.  Click here to begin a career in the healthcare industry.
http://thirdpartyoffers.juno.com/TGL2141/fc/Ioyw6i3oH0aSDGpEMTb8H32gmDVwKT3nSrde1L8K4G1xzYx4hpMHkm/



More information about the Avodah mailing list