Rishon L’Tzion HaGaon HaRav Yitzchak Yosef Shlita during his weekly motzei Shabbos shiur in Jerusalem’s Yazdim Shul spoke on the matter of one becoming a state witness and how such a concept is contrary to halacha. The rav spoke of the pending criminal indictments against Prime Minister Binyamin Netanyahu and the three state witnesses who made a deal and plan to testify against the prime minister.
According to Rav Yosef, a state witness is ‘pasul l’eidus’ and such a concept is contrary to the Torah. Rav Yosef added that when one has a matter that must be adjudicated, one should take the matter to a beis din and not a secular court. “Why should one have a matter adjudicated by justices who are not Shomrei Shabbos” the rav stated, adding, “They do not know Shulchan Aruch and have they learned dayanus? Have they learned the appropriate halachos, hilchos eidus? They have not learned.”
The rav then discussed the concept of one being a state witness. “They have a state witness, a state witness contrary to halacha. According to halacha, if he was involved in the matter, he too is a rosha. How can one accept him as a state witness? This is contrary to the Torah. This is against halacha!”
(YWN Israel Desk – Jerusalem)
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5 Responses
Given that EY relies upon a secular court system to adjudicate matters that are crimes under secular law, would it then be assur for anyone to testify as a fact witness in a secular court on ANY matter to which he/she has material information? Is it messirah to testify in a case where the defendant has already been arrested and indicted by the prosecutors? Also, why not allow the Court to assess the credibility of a witness who may himself have been part of a conspiracy and becomes a state’s witness?
The issue here is that to some extent, the Rabanut and religious parties may themselves be perceived as complicit given that they have worked along with other political parties to protect Netanyahu from indictment in return for his support on issues such as the draft law and increased financial support for their mosdos. Are they prepared to convene a beis din to investigate the charges against Netanyahu and pursue the bribery and related allegations?
This is obvious. Everyone knows mesira is assur. What’s the chiddush here.
Indeed a moser al pi halacha can be killed extra-judiciously.
Why is this news worthy? Who doesn’t know this ?
If the rabbonim in EY wish to convene a beis din to hear the accusations of breach of trust, accepting bribes and fraud against Bibi, perhaps the AG will step back and allow the Rabanut to adjudicate the matter al pi halacha. I’m sure they will be able to find 3 rabbonim with no conflicts. I