Evidence and Judicial Procedure (Dinei Re'iyot, Edut, Seder HaDin)
Witnesses
Jewish law requires two valid witnesses (edim) for most matters. Know the disqualifications: karov (relative), isha (woman, in most testimonial contexts), kattan (minor), rasha (wicked person), and pasul l'edut. Understand edut she'ee atah yachol lehazimah (testimony that cannot be contradicted by zomemim).
Court procedure
Master seder hadin: the order of claims, examination (derishah v'chakirah), and cross-examination. Know bedikat ha'edim (investigation of witnesses) and the rules of hazamah (proving witnesses were elsewhere). Distinguish din from peshara (compromise) and bitul (nullification).
Traps
- Treating a single witness as sufficient in monetary cases (he is not, except for oaths).
- Confusing hazamah (contradiction of location) with stirah (contradiction of content).
- Assuming a relative can testify in a case where the relative has no direct interest.
- Misapplying the rule that a litigant cannot testify for himself.
Rule of thumb
For any testimony question, run a checklist: (1) are there two witnesses? (2) are they valid? (3) is the matter one that requires testimony or can be established by other means (e.g., admission)? (4) is there a hazamah issue?