Daily Rambam (1) Eidus Chapter 19: The Laws of Hazamah – Disqualifying Witnesses Through Contradiction (Sunday, 8th Teves)

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Chapter 19: The Laws of Hazamah – Disqualifying Witnesses Through Contradiction

Halacha 1 – Conditions for Hazamah (Refuting Witnesses)

  • If two witnesses testify about a murder in one location and two others claim the first pair was elsewhere:
    • If both locations are visible to each other, the first pair is not disqualified.
    • If visibility is impossible, they are disqualified through hazamah.
  • Similarly, if the second pair claims the first pair was far away:
    • If travel between locations was possible in the given time, they remain valid.
    • If not, they are disqualified.
  • We judge by normal standards, not by hypothetical exceptions (e.g., “fast camel”).

Halacha 2 – Timing and Liability

  • If witnesses testify about a murder and others prove they were elsewhere:
    • If the accused had not yet been sentenced, both the murderer and the false witnesses are executed.
    • If the accused was already sentenced when they testified, the false witnesses are not executed.
  • Same principle applies to financial cases:
    • If the accused was already liable for payment, false witnesses do not pay restitution.

Halacha 3 – Hazamah for Legal Documents

  • Witnesses to a document are not disqualified unless they testify in court affirming the date.
  • If they only signed the document, later claims about their location do not invalidate it because documents can be postdated.
  • If they testify in court that they signed on a specific date and are proven false:
    • If the signing date is verified by others, they are disqualified retroactively from that date.
    • If not verified, they are disqualified only from the time of their court testimony.

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.