Page 239 - V4

Sefer Chafetz Chayim םייח ץפח רפס
Hilchot Esurei Rechilut תוליכר ירוסיא תוכלה
Kelal Vav - Halachah 6 ז הכלה - ו ללכ

Be’er Mayim Chayim ,וֹתוֹכּהל וֹא ןוֹממבּ וֹדיִסְפהל )די( אלֹ לבא ,וֹמצעבּ ןיִמאהל
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הּנִּמכּ לכּ ואלדּ ,הז רוּבֲע םירִבדְִבּ וֹתוֹנּגל וֹא ,הליִלחו סח
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(RK6/6/1)-(12).. is very familiar with the personality of the
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speaker: Meaning, to exclude the case where the victim is unfamiliar ינְשִׁכּ וֹל ןיִמאהל וֹחֹכבּ ןיאֶשׁ ינְפִּמ( ירְֵתּ יבכּ הזל ןיִמאהל
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with the personality of the speaker, just that he knows the speaker has a .רחאל הזבּ ערֹגִלו )םידִֵע
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reputation for being pious. That degree of unfamiliarity with the speaker
would not help at all (meaning, it would not make his gossip credible), as
the Maharik writes in his responsa, section #82 regarding an incident that
occurred in his community where a solitary witness came forward and םייח םימ ראב
said that a particular married woman admitted in front of him that she had
committed adultery and she denied his story saying that she never said any שרוש .'וכו םירבדב ותונגל 'וכו ודיספהל )די(
such thing. The Maharik writes in his responsa as follows: “Moreover,
it seems to me in my humble opinion that the witness cannot be believed ח"מבב 'ז ללכב 'א קלחב ליעל אצמת םירבדה
to make this woman forbidden to her husband unless he (the husband)
knows the witness so well that he knows the witness would never lie; .ש"יע 'כ ק"סבו ו"ט ק"סב
for example, that the witness is a friend and frequent companion to this
husband and the bond of friendship between them is very strong. But this
husband may not believe any other person whom he does not know very .לולא 'ז ,ןסינ ז"כ ,תבט ז"י - תרבועמ הנש :ימוי חול
well even though this witness may have a very widespread reputation for
being righteous and proper. The proof supporting my decision comes from
Gemara Ketubot (85a) (perek HaKotev), that Rava did not believe Rav םייחה רוקמ
Papa to testify against the validity of a contract even though he did believe
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the daughter of Rav Chisdah (who was Rava’s wife) and even though it )וט( המ יִפל םוֹיּה לבא ,דוּמלַתּה ןמזִבּ אוּה הז לכו .ז
is obvious that Rava considered Rav Pappa to be perfectly righteous and
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very proper and that Rav Pappa was frequently with Rava as is evident ינוֹלְפֶּשׁ ,רמוֹל םדאל וֹל ןיאֶשׁ ,םיקִסוֹפּה וּמיִכּסִהֶשּׁ
throughout Shas. Nevertheless, Rava would not believe Rav Pappa nor לבּקַל וֹל רוּסא ןכּ לע ,רֵקַּשְׁמ אלדּ ירְֵתּ יבכּ הּל ןמיהְמ
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did he rely on his testimony with the same authority as two witnesses
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(testifying in court). Rava said- “I do not know you well enough to say אלֹבוּ( יִכה ואלבוּ .דבלִבּ שֹחל קרַ ,ןפֹא םוּשׁבּ וירָבדּ
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you never lie” as the gemara there states.
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םיִפיִעסִבּ םירִכּזנּה םיִאנְתּה לכּ וּמלְשׁיֶּשׁ ,יוּצמ ןיא )ךְכּ
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Similarly one can make a precise inference from a responsa of the Rashbah םהֶשׁ ,הז ןינִעבּ ןיִעוֹט םיִשׁנא המּכּ ,הארְִתּ הזִּמוּ .'ו 'ה
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(part I, section # 237) that a necessary condition to be fulfilled is that the
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speaker must be very well believed by the “victim” (in whatever he says). םִא ,םָתלבּקַו תוּליִכרְוּ ערָה ןוֹשׁל רוּפִּס רוּסִּאֵמ ןירִהזנ
Therefore, it is obvious that there is no basis for this husband to believe
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the witness except when he knows the witness very well and upholds םהיִבאֵמ הז ןיִעְמוֹשׁ םה םִא אלֹו ,םירִחאֵמ הז ןיִעְמוֹשׁ םה
everything he says as being the truth. Even if he trusts him to the extent ,םהל וּרְקַּשׁי אלֹ יאדּובּ וּלּאֶשׁ ,םבְשׁחבּ ,םהיֵשׁנוּ םמִּאו
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that he would believe Rebbe Chaninah Ben Tradyaun (still that would
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not be sufficient) as I proved above in the cited perek HaKotev (Gemara ליֵעל ןיּעו .הזבּ קוּלִּח ןיא )זט( יִכּ ,הרָוּמְגּ תוּעָט יִהוֹזְו
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Ketubot- 85a), that Rava did not believe Rav Pappa (Maharik quoted up
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until this point). This law is brought down in Shulchan Aruch Ehven .'ה ףיִעס 'ז ללכִבּ ןמּקַלוּ ד"י ףיִעס 'ח ללכִבּ 'א קלחבּ
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