Testimony In Jewish Law
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Testimony In Jewish Law
Testimony in Jewish law consists of testimony by eligible witnesses to a Beit Din (court) authorized to render decisions according to ''halakhah'' (Jewish law). Eligible witnesses must in almost all cases be free men who are not deaf, mentally or morally unsuitable, or too young for Bar Mitzvah; in particular, women are in most cases not eligible. The principles of testimony in halakhah have been applied to Mishpat Ivri (Hebrew jurisprudence). Criteria for valid testimony A valid witness to an event in ''halakhah'' must have seen the event with his eyes or heard it with his ears. Generally hearsay from another person is inadmissible, except in rare cases such as confirming that a missing husband has died (see Agunah). A Beit Din may accept testimony only from a witness who speaks directly to the judges, not from a written deposition. A witness may not recant his testimony. Two witnesses The Torah says (Deuteronomy 19:15): "One witness shall not arise against a man for any sin o ...
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Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. Law In the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. To be admissible in court and for maximum reliability and validity, written testimony is usually witnessed by one or more persons who swear or affirm its authenticity, also under penalty of perjury. Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony. Legitimate expert witnesses w ...
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Erusin
''Erusin'' () is the Hebrew term for betrothal. In modern Hebrew, "erusin" means engagement, but this is not the historical meaning of the term, which is the first part of marriage (the second part being ''nissuin''). Since the Middle Ages it is customary for the marriage to occur immediately after the betrothal, and to perform the betrothal during the marriage ceremony itself. Previously this was not the case, and there were often several months between the two events. In Hebrew and classical rabbinic literature, betrothal is frequently referred to as sanctification (Hebrew: ''Kiddushin'', קידושין), on account of the bride becoming "sanctified" (dedicated) to the groom. In the Hebrew Bible The idea of erusin making the couple accountable to the law against adultery, which is punishable by death, whilst at the same time, not making them "completely" married appears in Deuteronomy. A non-traditional view is that the betrothal was effected simply by purchasing the girl ...
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Evidence Law
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The Quantum meruit, quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern Admissible evidence, admissibility concern hearsay, Authentication (law), authentication, Relevance (law), relevance, privilege (evidence), privilege, witnesses, opinions, Expert witness, expert tes ...
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Zuz (coin)
A Zuz (Hebrew-זוז; plural zuzzim Hebrew-זוזים) was an ancient Jewish silver coin struck during the Bar Kochba revolt, as well as a Jewish name for the various types of non-Jewish small silver coinage, used before and after the period of the revolt. The name was used from the Greek era of drachmas, through the Roman era of Denarius, and then as the quarter denomination of Bar Kochba coinage. The Jewish insurrectionists' zuz were overstruck on Roman Imperial denarii or Roman provincial drachmas of Vespasian, Titus, Domitian, Trajan and Hadrian. Four Zuzzim, denarii or drachmas make a Shekel, a Sela or a Tetradrachm. Etymology Several different etymologies have been suggested for the word "zuz": * A corruption of the Greek Zeus, who was the deity portrayed on the reverse of many Seleucid tetradrachms during the latest stages of the Seleucid Empire. *In Hebrew, the word "zuz" means "move", or "to move", so it was called "zuzzim" to show that it was constantly moving around, ...
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Placeholder Name
Placeholder names are words that can refer to things or people whose names do not exist, are tip of the tongue, temporarily forgotten, are not relevant to the salient point at hand, are to avoid stigmatization, are unknowable/unpredictable in the context in which they are being discussed, or are otherwise de-emphasized whenever the speaker or writer is unable to, or chooses not to, specify precisely. Placeholder names for people are often list of terms referring to an average person, terms referring to an average person or a predicted persona (user experience), persona of a typical user. Linguistic role These Free variables and bound variables, placeholders typically function grammar, grammatically as nouns and can be used for people (e.g. ''John Doe, John Doe, Jane Doe''), objects (e.g. ''Widget (economics), widget''), locations ("Main Street"), or places (e.g. ''Anytown, USA''). They share a property with pronouns, because their reference, referents must be supplied by co ...
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Rabbi Nehemiah
Rabbi Nehemiah was a rabbi who lived circa 150 AD (fourth generation of tannaim). He was one of the great students of Rabbi Akiva, and one of the rabbis who received semicha from R' Judah ben Baba The Talmud equated R' Nechemiah with Rabbi Nehorai: "His name was not Rabbi Nehorai, but Rabbi Meir." His son, R' Yehudah BeRabi Nechemiah, studied before Rabbi Tarfon, but died at a young age after damaging R' Tarfon's honor, after R' Akiva predicted his death. Teachings In the Talmud, all anonymous sayings in the Tosefta are attributed to R' Nechemiah. However, Sherira Gaon said that this does not mean they were said by R' Nechemiah, but that the laws in question were transmitted by R' Nechemiah. In the Talmud, many times he disagrees with R' Judah bar Ilai on matters of halacha. He is attributed as the author of the '' Mishnat ha-Middot'' (ca. AD 150), making it the earliest known Hebrew text on geometry, although some historians assign the text to a later period by an unknown ...
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Promissory Note
A promissory note, sometimes referred to as a note payable, is a legal instrument (more particularly, a financing instrument and a debt instrument), in which one party (the ''maker'' or ''issuer'') promises in writing to pay a determinate sum of money to the other (the ''payee''), either at a fixed or determinable future time or on demand of the payee, under specific terms and conditions. Overview The terms of a note usually include the principal amount, the interest rate if any, the parties, the date, the terms of repayment (which could include interest) and the maturity date. Sometimes, provisions are included concerning the payee's rights in the event of a default, which may include foreclosure of the maker's assets. In foreclosures and contract breaches, promissory notes under CPLR 5001 allow creditors to recover prejudgement interest from the date interest is due until liability is established. For loans between individuals, writing and signing a promissory note are often ...
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Shemittah
The sabbath year (shmita; he, שמיטה, literally "release"), also called the sabbatical year or ''shǝvi'it'' (, literally "seventh"), or "Sabbath of The Land", is the seventh year of the seven-year agricultural cycle mandated by the Torah in the Land of Israel and is observed in Judaism. During ''shmita'', the land is left to lie fallow and all agricultural activity, including plowing, planting, pruning and harvesting, is forbidden by ''halakha'' (Jewish law). Other cultivation techniques (such as watering, fertilizing, weeding, spraying, trimming and mowing) may be performed as a preventive measure only, not to improve the growth of trees or other plants. Additionally, any fruits or herbs which grow of their own accord and where no watch is kept over them are deemed ''hefker'' (ownerless) and may be picked by anyone. A variety of laws also apply to the sale, consumption and disposal of ''shmita'' produce. All debts, except those of foreigners, were to be remitted. Chapt ...
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Dove
Columbidae () is a bird family consisting of doves and pigeons. It is the only family in the order Columbiformes. These are stout-bodied birds with short necks and short slender bills that in some species feature fleshy ceres. They primarily feed on seeds, fruits, and plants. The family occurs worldwide, but the greatest variety is in the Indomalayan and Australasian realms. The family contains 344 species divided into 50 genera. Thirteen of the species are extinct. In English, the smaller species tend to be called "doves" and the larger ones "pigeons". However, the distinction is not consistent, and does not exist in most other languages. Historically, the common names for these birds involve a great deal of variation between the terms. The bird most commonly referred to as just "pigeon" is the domestic pigeon, which is common in many cities as the feral pigeon. Doves and pigeons build relatively flimsy nests, often using sticks and other debris, which may be placed on b ...
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Interest (finance)
In finance and economics, interest is payment from a borrower or deposit-taking financial institution to a lender or depositor of an amount above repayment of the principal sum (that is, the amount borrowed), at a particular rate. It is distinct from a fee which the borrower may pay the lender or some third party. It is also distinct from dividend which is paid by a company to its shareholders (owners) from its profit or reserve, but not at a particular rate decided beforehand, rather on a pro rata basis as a share in the reward gained by risk taking entrepreneurs when the revenue earned exceeds the total costs. For example, a customer would usually pay interest to borrow from a bank, so they pay the bank an amount which is more than the amount they borrowed; or a customer may earn interest on their savings, and so they may withdraw more than they originally deposited. In the case of savings, the customer is the lender, and the bank plays the role of the borrower. Interest diffe ...
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Mishnah
The Mishnah or the Mishna (; he, מִשְׁנָה, "study by repetition", from the verb ''shanah'' , or "to study and review", also "secondary") is the first major written collection of the Jewish oral traditions which is known as the Oral Torah. It is also the first major work of rabbinic literature. The Mishnah was redacted by Judah ha-Nasi probably in Beit Shearim or Sepphoris at the beginning of the 3rd century CE in a time when, according to the Talmud, the persecution of the Jews and the passage of time raised the possibility that the details of the oral traditions of the Pharisees from the Second Temple period (516 BCE – 70 CE) would be forgotten. Most of the Mishnah is written in Mishnaic Hebrew, but some parts are in Aramaic. The Mishnah consists of six orders (', singular ' ), each containing 7–12 tractates (', singular ' ; lit. "web"), 63 in total, and further subdivided into chapters and paragraphs. The word ''Mishnah'' can also indicate a single paragraph of ...
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Sanhedrin (Talmud)
''Sanhedrin'' () is one of ten tractates of Seder Nezikin (a section of the Talmud that deals with damages, i.e. civil and criminal proceedings). It originally formed one tractate with Makkot, which also deals with criminal law. The Gemara of the tractate is noteworthy as precursors to the development of common law principles, for example the presumption of innocence and the rule that a criminal conviction requires the concurrence of twelve. Summary of Sanhedrin Within Seder Nezikin, the Sanhedrin focuses on questions of jurisdiction, criminal law and punishments. The tractate includes eleven chapters, addressing the following topics: # The different levels of courts and which cases each level presides over # Laws of the high priest and Jewish king and their involvement in court proceedings # Civil suits: acceptable witnesses and judges and the general proceedings # The difference between criminal and civil cases, general proceedings in criminal cases # Court procedures, includ ...
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