Daily Rambam (1) Eidus Chapter 7: Testifying regarding the signatures on a document (Tuesday, 26th Kisleiv)

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Chapter 7: Testifying regarding the signatures on a document

Halacha 1: May a relative testify?

  • It is valid for a relative of the witness that is signed on the document to testify regarding its validity.
  • Son testifying on father signature: For example, the sons of the witnesses who signed may testify that it is their father’s signature, if their father is not around, such as they died or went overseas.
  • Two witnesses for each signature: In such a case, a third witness is still necessary to independently testify regarding each signature in order so there be two witnesses for each signature.

Halacha 2: Testifying on the basis of knowledge obtained while under age

  • It is valid for an individual to testify on the basis of knowledge that he obtained when he was still a child.
  • For example, an adult may testify regarding his father signature which he observed while a child.
  • At least one witness who testifies to seeing as an adult: It is only valid to have a single witness testify regarding a signature that he saw as a child, if there is another witness who can testify regarding the signature that he saw as an adult. If, however, both witnesses testify regarding the signature as they saw when they were children, then the testimonies invalid.

Halacha 3: Two witnesses for each signature:

  • Each signature must have two witnesses testify regarding its validity. One witness on each signature does not suffice.
  • The witnesses must state that they recognize the signature, and that it belongs to the following person.
  • It is valid to have one witness testify on both signatures, and another two witnesses testify on one of the two signatures, each one on another one of the signatures.

Halacha 4: May the witness who signed testify on the other signature

  • It is not valid for a witness who signed the document to testify on behalf of his own signature as well as the other signature. He may only testify for his own signature.
  • This applies even if another person also testifies to the other signature.
  • May a relative testify on the other signature? Likewise, a relative of the first witness who signed cannot testify on behalf of the other signature if the first witness testified to his own signature.

Halacha 5: What to do if the only person who can testify to both signatures is one of the people who signed

  • In the event that one of the signed witnesses have died and there isn’t a second witness available to testify on its behalf other than the other person who signed with him [and as stated in the previous law this is invalid], then he should not testify regarding his own signature and should only testify together with one of the witness on the signature of his friend who died,.
  • Signing on a blank piece of paper in front of two witnesses: In such a case, his own signature should be verified in the following manner: He should sign his name on any item in front of two witnesses and throw it into the court until they recognize his signature and will no longer need him to testify regarding his own signature.

Halacha 6: May the judges who validate the document serve as witnesses for the signatures?

  • In the event that two of the three judges recognize the two signatures on the document and can testify regarding it, then they may testify before the third judge, and then all three of them can sign the validation statement on the document.
  • This ability however only applies so long as they have not yet signed on the statement of validity on the document. If, however, these two judges already signed then they can no longer testify before the third judge and have them also sign.

Halacha 7: What to do if there is testimony of both validation and invalidation regarding the signatures

  • In the event that the two witnesses who signed the document have died, and two witnesses come forward to testify to the signatures with the claim that the two people who signed were invalid witnesses, then the document cannot be validated and cannot be used against the party of liability.
  • This applies even if there are other manners available in which the court can establish the signatures to be authentic.

About The Author

Rabbi Yaakov Goldstein is a 6th generation descendent of the famous Chief Rabbi of Izhmir, Rav Yehoshua Avraham Krispin, who authored a number of Sefarim, and was a colleague of Rav Chaim Falagi, and father in-law of the Pesach Hadvir. He currently lives with his wife Shayna, and twelve children K”H, in Tzfas, Israel. Rabbi Goldstein received Semicha from Rabbi Schneur Zalman Labkowski of the Tomchei Temimim headquarters in 2005 and served as a chaplain in the Lotar/Kalatz and K9 unit of the IDF from years 2005-2008. He is also a certified Shochet, and has performed Hashgacha work in slaughterhouses. Rabbi Goldstein is the director of Shulchanaruchharav.com, the world’s leading web-based Halacha database, and is the director of the Home Study Semicha Program, a self-study web-based Semicha program. He is a prolific author of over 50 Sefarim studied by a wide range of readers throughout the world, which is used regularly in Semicha programs around the globe. He is a world renowned Posek, answering questions to a web-based market, and serves as a local Posek, Rav, and Lecturer, in the Tzemach Tzedek community Shul in Tzefas, Israel. His many classes can be heard both from his website, Vimeo and YouTube channel. Students can join live to classes given in the Tzemach Tzedek Shul, through the “בית חבד צפת Chabad Tsfat” YouTube channel.