Chapter 9: Invalid witnesses
Halacha 1: The 10 invalid witnesses
- There are 10 categories of disqualifications for witnesses:
- women
- slaves
- children
- mentally incompetent [i.e. Shoteh]
- the deaf-mute
- the blind
- A Rasha
- low lives who lack no shame
- relatives
- one who is biased
Halacha 2: Women invalidation’s
- Women are biblically invalid for testimony.
Halacha 3: A questionable invalidation
- Anyone with a questionable disqualification is invalid to act as a witness.
- Thus, A Tumtum or Androgenous is invalid as they are possibly a female.
Halacha 4: Slaves and Gentiles
- Both slaves and Gentiles are biblically invalid to give testimony.
Halacha 5: A half slave
- A slave which has been partially emancipated is nevertheless invalid as a witness.
Halacha 6: An emancipated slave who has yet to receive his emancipation document
- A freed slave is not considered a valid witness until he receives his emancipation document.
Halacha 7: Children
- Children are considered invalid witnesses.
- This applies even if the child is very wise.
- A child only becomes valid after he reaches the age of 13, and grows two pubic hairs.
- If by the age of 20 he has still not grown to pubic hairs, then if he shows the signs of a Saris, then his testimony is valid. If he does not show any of these signs, then his testimony only becomes valid only reaches the age of 35.
Halacha 8: Checking for the signs of maturity in a child above 13
- It is not necessary to check for the signs of maturity in a child over the age of 13 if the upper signs of maturity are apparent [such as a beard and armpit hair].
- If, however, there are no upper signs that are seeable, then his testimony may not be accepted until his signs of maturity are verified.
- If the child does not understand business: Even if the child is over the age of 13 and has shown the above signs, his testimony regarding real estate is only accepted if he understands business. However, regarding movable property, his testimony is accepted.
Halacha 9: The mentally incompetent [i.e. Shoteh]
- A person was mentally incompetent is not obligated in any of the Mitzvos of the Torah, and is therefore considered an invalid witness.
- The definition of a Shoteh: A person is considered to be mentally incompetent if his mind is constantly delusional regarding certain matters [in which he interprets reality in an abnormal way].
- This applies even if he is completely mentally sane regarding other matters.
- Thus, a person can be considered Halachically insane even if he does not walk around naked and break vessels and throw rocks.
- An epileptic: An epileptic is invalid during this time of the seizure, although is considered valid during other times of mental sanity.
Halacha 10:
- Retardation and Very low IQ: People with very low levels of understanding who cannot comprehend when things contradict each other, as other normal people would understand, are invalid to be witnesses.
- Eccentric people: People who are very eccentric, and act in a mentally deranged manner are included within the insanity invalidation.
Halacha 11: Deaf and/or mute
- The deaf-mute: A deaf-mute is invalid for testimony being that he is similar to one who is insane, and is hence not liable in mitzvah’s.
- Deaf or mute: Even a person who is only deaf or only mute is invalid, being that he needs to be able to personally verbalize the testimony to the court, and hear the questions he is asked from the judges.
- One who lost his voice and cannot speak: Due to the above reasons, a person who lost his voice is an invalid witness being that he cannot verbalize his testimony.
Halacha 12: The blind
- A blind person is a biblically invalid witness, as he must be able to see and witness events to be a valid witness.
- Blind in one eye: A person was blind in only one eye is a valid witness.
