Monday, 1 January 2018

Shevuot 34: Monetary Matters, Testimony and Seeing/ Knowing

The rabbis discuss which oaths should be brought for which monetary crimes.  Through this conversation we learn more about which crimes are brought to court, which punishments apply to which people, and which rules are appropriate in which circumstances.  

The rabbis consider the two distinctive characteristics of monetary testimony:

  • a person can see without understanding
  • a person can know without seeing
In some cases, it is not necessary to see nor to know.  In some circumstances it is important either to see or to know.  One of the case examples is difficult to read in the context of modern social and legal rules.  It regards a claim that a certain man raped or enticed a woman.  When reviewing the case, the focus is on whether or not the offender can be proven liable for damages.  If she was not a virgin, for example, testimony is not relevant for she has lost no additional value after being raped.

The rabbis describe a number of examples of cases.  For example, one might be proven to be a liar in the past and thus not believable now.  In their discussions, the rabbis walk through different types of offences, status of accused and witnesses and range of consequences.

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