Chapter 8: The requirement for the witnesses to recall the testimony
Halacha 1: Testifying on one’s signature if one has no recollection of the loan
- A witness who is asked to testify to his signature on a document is only to do so in the event that he remembers the matter of testimony that he was signing for, such as that he signed on a loan document between the two parties. If he does not remember at all that such a loan took place, then he may not testify regarding his signature.
Halacha 2: Testifying on one’s signature if he was later reminded of the transaction
- One may testify regarding his signature on a document if he was later reminded of the transaction that took place, even though he had forgotten it in the interim and needed to be reminded of it.
- This applies whether he reminded himself of the event after looking at his signature, or was reminded by others.
- This applies even if the other witness reminded him of the event.
- If the plaintiff reminded him: It is however invalid for him to testify regarding his signature if it was the plaintiff who reminded him of the event.
Halacha 3: If a Torah scholar was the plaintiff
- If, however, the plaintiff is a Torah scholar, then it is valid for the witness to testify regarding his signature even if it was the plaintiff who reminded him of the event.
Halacha 4: The law if the witnesses claim to not recall the event testified by the document
- According to the above laws, it ends up that if witnesses come to court and state that they have no recollection of the event which is written on the document that they signed, and that they do not remember this person lending money to that person, then the document is invalid even if they agree to the fact that it is their signatures.
- Anyone who does not rule this way does not know between his right and left hand in financial law.
- If there signatures can be independently validated: If, however, their signatures are able to be validated through external methods, such as through external testimony from other witnesses, then we pay no attention to their words and validate the document even if they claim that they have no recollection of the event on which they signed.
- Accordingly, there is never a need to ask the witnesses who signed a document if they recall the event if there signatures can be validated through an independent source.
Halacha 5: Testifying based on one’s records
- It is forbidden for a witness to testify on a certain matter based on written records that he found of his own handwriting, unless he remembers the actual event that is written there.
