Monday 23 February 2015

Ketubot 21: Judges as Witnesses: Conflict of Interest?

Today's daf is detailed and legal in nature.  Without going into those details, the overview of the rabbis' discussions is enough to fill today's blog!  And today's entry is my 600th note on daf yomi... I will continue to learn; to attempt to fit together this puzzle.

If a person testifies that a signature on a document is indeed his/her own, is s/he simultaneously testifying to the monetary agreement written into the contract?  And if one witness dies, can the surviving witness testify to the validity of both signatures?  Can a witness sign a shard of earthenware in the court to demonstrate the validity of his signature?  In a pinch, can a judge and one witness combine their testimony so that the case can move forward?  IF there are three judges, can the third judge ratify the testimony of the other two judges if they affirm that they recognize a witness' signature?

Discussing whether or not a witness can become a judge, the rabbis turn to sighting the new moon as a case example.  Generally two witnesses must sight the new moon before they report their sighting to a panel of three judges who will then sanctify the new month.  What if those who see the new moon are judges?  Are they allowed to skip a step and sanctify the new month themselves?  The rabbis are acutely aware of the impression of impropriety that might result from allowing a judge to be a witness.  How can that judge be questioned like other witnesses? 

We end our daf with the example of three judges, where one of those judges is challenged.  The rabbis want to ensure that there is no conflict of interest; if the rabbis have already made their judgement when they entertain the challenge, they might not want to taint one of their own judgements by questioning the rabbi at that time.

In this very legally-based daf, it is clear that the rabbis are concerned about their power.  They mention how important it is that orphans get their inheritance, for example, and that halachot do not hinder that process.  

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