Testimony Not in Litigant's Presence, Kiyu'r, Ishtahi, and Witness Disqualification

From: Rabbi Akiva Eiger

To: Unknown recipient

Description

Rabbi Akiva Eiger defends his positions against his mechutan's challenges on several interrelated issues: he demonstrates from Kesubos 20a that accepting testimony in cases of ones must be based on hefker beis din, not Torah law; he maintains that seclusion constitutes kiyu'r only in a dark hidden place; he clarifies that the Chelkas Mechokek's ruling on ishtahi applies only according to the accepted view following Rabbah Tosa'ah; and he firmly upholds the Rashba's ruling (Siman 1237) that one suspected of sexual immorality is not believed to prohibit a woman to her husband, declaring that we cannot dismiss Rishonim based on mere difficulties.

Source: Shu"t Rabbi Akiva Eiger §105

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