Edut - Chapter 15

Whenever a person will benefit from giving testimony, he may not give such testimony for it is as if he is testifying concerning himself. Therefore when a person comes to the inhabitants of a city with a complaint concerning the public bathhouse or thoroughfare, none of the inhabitants of the city can testify regarding this matter nor serve as a judge regarding this matter until they undertake a contractual act removing themselves from any connection to the property in question. Afterwards, they may testify or serve as a judge.

The following rules apply when a communal Torah scroll is stolen from the inhabitants of a city. Since it is intended to be listened to by all the members of the community, it is impossible for a person to withdraw his share of ownership from it. Hence, the matter should not be adjudicated by the judges of the city, and the inhabitants of the city may not testify to prove the city's ownership. Similar laws apply in all analogous situations.

When a person says: "Give a manah to the poor people of my city," the matter may not be adjudicated by the judges of that city and the inhabitants of the city may not testify to prove that the pledge was made.

When does the above apply? When the poor people depend upon them and they allocate charity to them. In such a situation, even if two members of the city promised: "We will give the fixed amount required of us regardless; let us testify," we do not heed their request. For they receive benefit from the fact that these poor people become wealthier for the poor are dependent on the inhabitants of the city. Similar laws apply in all analogous situations.

The following rules apply when a person raises a protest and seeks to expropriate land that is owned by two partners from the possession of one of the partners. The other partner may not testify on behalf of his partner concerning the land unless he withdraws from ownership of the land and undertakes an act of contract affirming that he gave his portion to his partner and committing himself to reimburse him for its value if his own creditor expropriates it from his partner. After undertaking such an agreement, he may testify concerning the field. Similar laws apply in all analogous situations.

The following rules apply when a person protests the ownership of a field. If it contains produce, a sharecropper may not testify with regard to it. For the sharecropper wishes it to remain in the possession of the owner so that he will receive his portion of the crops. If there is no produce in the field, he may testify concerning it.

Different rules apply with regard to a renter. If he brings the rent with him and says: "Let whoever is established as the owner of this field take this," he may offer testimony. If, however, he already paid the rent to the owner of the field he may not testify. For if the field is expropriated by the claimant, he would have to pay him rent for all the years he dwelled in it. Hence, he may not offer testimony. Similar laws apply in all analogous situations.

The following rules apply if Shimon borrowed money and Reuven guaranteed the debt. Yehudah entered into litigation against Shimon and sought to expropriate landed property from his possession. If Shimon possesses another field equal in value to the debt guaranteed by Reuven, Reuven may testify with regard to the land, asserting that it belongs to Shimon. He does not derive any benefit from this, for even if Yehudah would expropriate the field, Shimon possesses another field from which the creditor could derive payment.

Similarly, a person who purchased a field may testify on behalf of another person who purchased a field from the same seller and affirm that the field is his. This applies provided the seller owns a field that is not on lien that is equivalent to the value of the field acquired by the first purchaser. In such a situation, the first purchaser does not derive any benefit from the field remaining in the possession of the second purchaser, for even if the field he purchased is expropriated from him, he may seek reimbursement from the seller and the seller possesses another field from which he could expropriate his due.