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Testimony Against One’s Own Family

Children & shidduchimShabbos & Yom Tov

A story ofRav Yisrael Yitzchak Kalish of Vurkaהרב ישראל יצחק בן שמעון קאליש

It is told that the first time Rav Yitzchak came to the court of the Chozeh of Lublin, accompanied by Rav Dovid of Lelov, it was Rosh Hashanah. The Chozeh did not come out for tekiyas shofar for a long while. At last Rav Dovid went into the inner room, bringing in with him the Vurker, who was then a young lad.

“What halachos are you studying?” asked the Chozeh. “I am studying the laws of eidus, witnesses and testimony,” he answered. “Have you come up with any chiddushim?” asked the Chozeh.

Yitzchak said that a question was troubling him. Why is a relative of the accused disqualified as a witness, unable to testify even against the accused? It is understandable that a relative cannot testify in his favor, since he may not be impartial, but why can he not testify against him together with the prosecution?

“What did you answer?” asked the Chozeh. “The pasuk speaks of two people standing as witnesses,” replied Yitzchak, “so the witnesses must be actual human beings. But someone who testifies against his own family cannot be considered a person. He loses his status as a human being, because he lacks humanity, and therefore he is disqualified from serving as a witness.”

The Chozeh’s eyes lit up, and he said joyfully, “Now we can go out and blow shofar, for the harsh decree has passed. We are Hashem’s children and He is our Father. How can He accept testimony against His own family?”

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