Chapter 13: The invalidation of witnesses due to being a relative
Halacha 1 – Scriptural Disqualification of Relatives
- Relatives cannot serve as witnesses by Torah law, based on 24:16.
- Fathers cannot testify for sons and vice versa; this applies to other close paternal relatives.
- Maternal relatives and in-laws are disqualified by Rabbinic decree.
Halacha 2 – Converts
- Converts are considered like newborns;
- Even twin brothers who convert may testify for each other because previous family ties are nullified.
Halacha 3 – Degrees of Relationship
Brothers (maternal or paternal) are one degree removed; their children are two degrees; grandchildren are three degrees removed.
Halacha 4 – Permitted Combinations
- A person three degrees removed may testify for someone one or two degrees removed.
- Two witnesses who are both within two degrees are disqualified.
Halacha 5 – Generational Rule
- A father and son are one degree removed.
- A father cannot testify with his grandson (second degree) but may testify with his great-grandson (third degree).
- Same applies to female relatives.
Halacha 6 – Spouses Count as One
- A husband is considered like his wife; disqualification applies mutually.
- If you cannot testify for a woman, you cannot testify for her husband, and vice versa.
Halacha 7 – Husbands of Distant Relatives
- Husbands of women related by second degree may testify for each other.
- If the women are first-degree relatives (e.g., mother and daughter), their husbands cannot testify for each other.
Halacha 8 – Husbands of Sisters
Husbands of two sisters are disqualified from testifying for each other.
Halacha 9 – Extended In-Law Cases
- A person cannot testify for the son of his wife’s sister or her daughter’s husband.
- He may testify for the son of the husband of his wife’s sister if that son is from another wife.
Halacha 10 – Limited Disqualification
- If disqualified because of marriage to a relative, the witness may still testify for other relatives of that person (e.g., their son or brother).
Halacha 11 – Fathers of Bride and Groom
The father of a bride and the father of a groom may testify for each other.
Halacha 12 – Paternal vs. Maternal Brothers
A paternal brother may testify for a maternal brother and vice versa since they share no direct family link.
Halacha 13 – Husband and Wife
A man and his wife are considered one degree removed; he cannot testify for her close relatives (children, parents, etc.).
Halacha 14 – Betrothal
Betrothal (kiddushin) counts as marriage for disqualification regarding the woman herself, but not her relatives until full marriage.
Halacha 15 – Reason for Disqualification
Relatives are disqualified by Scriptural decree—not due to assumed love or bias. Friends and enemies may testify even though they cannot serve as judges.
