Jerusalem – Israeli Rabbi: Smokers, Reckless Drivers ‘halacha’ Disqualifies Them As A Witnesses For Rabbinical Courts, Weddings

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    Jerusalem – Orthodox Jews who commit traffic violations or who smoke are just as ineligible to serve as witnesses in rabbinical courts or in Jewish weddings as pork-eating, Shabbat-desecrating secular Jews, according to a leading religious Zionist rabbi.
    Anyone who blatantly and…

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    Anyone who blatantly and intentionally commits traffic violations, thus endangering human lives, is also purposely transgressing Halacha, says Hacohen.

    In a halachic opinion made public ahead of a conference on road safety, Rabbi Re’em Hacohen, head of the Hesder Yeshiva in Otniel, near Hebron, said that reckless drivers and smokers show a callous disregard for human life – whether their own or others – and are therefore considered invalid witnesses.

    “Anyone who blatantly and intentionally commits traffic violations, thus endangering human lives, is also purposely transgressing Halacha (Jewish law),” said Hacohen in a telephone interview with The Jerusalem Post, “and this disqualifies him to serve as a witness.”

    Hacohen said that smoking also constituted disregard for human life.

    Only men are permitted to serve as witnesses according to Jewish law, but men who intentionally disregard Halacha are disqualified.

    Normally, this rule has been interpreted as referring solely to religious observance, such as adherence to Shabbat. That’s why Orthodox rabbis who conduct wedding ceremonies for secular couples routinely bring along a partner who observes Shabbat and can therefore serve as a witness.

    Hacohen published his halachic opinion ahead of a conference on traffic safety for the religious and haredi public. He said that both former chief rabbi Mordechai Eliyahu and Chief Rabbi of Hebron-Kiryat Arba Dov Lior agreed with him.

    The conference, which takes place on Tuesday, was organized by the National Commission for Road Safety and will focus on driving habits in the religious community.


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    28 Comments
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    Anonymous
    Anonymous
    15 years ago

    How about checking the kosher status of couples before they get married…I’m talking about the US here.

    As for smokers not being aidim…that disqualifies most of the Israeli population I would think.

    How do these people come up with this stuff?

    Anonymous
    Anonymous
    15 years ago

    Makes sense…now all you guys are going to jump down my throat and say they are Zionist Rabbis..who are they to disqualify our Rabonnim who smoke?Our yeshiva culture is from top to bottom smokers,so we are all posul leedus?The nerve of those Anti frum anti yeshivish rabbonim…its their way of marginlizing our gedolim….veshomartem es nafshoseichem?who cares……………?

    Anonymous
    Anonymous
    15 years ago

    How about people who commit arson and insurance fraud? How about people who cheat on their income taxes? And what about jaywalkers?

    Anonymous
    Anonymous
    15 years ago

    posul.posul,posul….whats your point?they are oyver dina demalchusa ina malchus shel chesed!whats your question?of course they are posul

    anonymous
    anonymous
    15 years ago

    i know that the gemora states that somebody who gambles is pusel for eidis i’m not sure where they pick up smoking & reckless drivers..

    Anonymous
    Anonymous
    15 years ago

    will all the witness have to bring along there medical records to show they did not smoke? or a police report showing they never drove reckless?

    anonymous
    anonymous
    15 years ago

    I guess there will be no witnesses in Jewish courts

    Yachtzel
    Yachtzel
    15 years ago

    anon 10:11

    someone who gambles with his (& others) live(s) by smoking, should be included, don’t you think?

    moshe
    moshe
    15 years ago

    He’s the head of what– the Hefker Yeshiva??

    Anonymous
    Anonymous
    15 years ago

    agreed…second hand smoke kills….a question to anonymous…should a person have to bring medical records …are you inlying that its too difficult to adhere to din torah because its curbsome to fullfill..or that its impossible to live in a medina within the parameters of halcha?

    Anonymous
    Anonymous
    15 years ago

    moshe…dont you think our gedolim are leaving our kids hefker to sickness and worse R”L by not stopping smoking and drinking?andd by not setting an example?Im sure you know many Rabbonim who smoke,some even while giving shiur!!!!!

    yenta pesha
    yenta pesha
    15 years ago

    HOLY SMOKE!!!!!!

    YYYY
    YYYY
    15 years ago

    IF CIGARETTES HAVE AN O-U OR B’DATZ HASHGAHAH, THEN THERE SHOULD NOT BE A PROBLEM. SOME PEOPLE HAVE NOTHING TO WORRY ABOUT. JSUT POSUL UP KLAL YISROEL!!!

    Anonymous
    Anonymous
    15 years ago

    Just a thought. One who speaks “Loshon-Horre” is also disqualified as an aid?

    How about a “Malbim P’nai Chavairo Berabim”?

    That would disqualify most of us here.

    Just a thought.

    KANOY
    KANOY
    15 years ago

    THIS CLOWN OBVIOUSLY HAS MENTAL PROBLEMS,MAYBE HE SPENDS TO MUCH TIME IN THE SUN WHICH IS “SAKONAS NEFOSHOS” SO THEREFORE HE WOULD ALSO BE PASUL L’AYDUS. IT SEEMS THAT WE ARE BUSY WITH SUCH STUPIDITY AND NARISHKIET. THERE IS A FAMOUS ROSH HAYESIVA IN AMERICA WHO CONSTANTLY YELLS “FRUMKIET IS KRUMKIET”.

    WHY ARE WE BUSY WITH SUCH SHTUS, WHEN WE HAVE MUCH GREATER PROBLEMS FACING US! LET’S ATTACK INTERMARRIAGE, LOSING OUR CHILDREN,MAJOR POVERTY, AND LITTLE THINGS LIKE THESE.

    DID YOU KNOW THAT JAY-WALKING IS ALSO A SAKONA?

    Anonymous
    Anonymous
    15 years ago

    our posak hador is Harav Hagoan R’ Eliashev Shlita until he paskans nothing else is relevent.

    DumDum
    DumDum
    15 years ago

    KANOY,

    What shtus? Did u ever hear of “chamira sekanto mei’isuru”?

    BTW, we can all read your post in lower case…

    Anonymous
    Anonymous
    15 years ago

    Intresting this Rabbi holds that smoking is a cause to ban a person from being a kosher eidus. Where is he from Otniel, lets see its quite dangerous to live there you are litteraly puting your life on the line there, but that is OK. Let this Faiker shut his mouth

    Anonymous
    Anonymous
    15 years ago

    Faiker?you have to be kidding..meanwhile this Rav is trying to save lives…u live where?NY?Chicago?thats safe?Lakewood?how can you call anyone a faiker..even if he is not from you anshei shlomeinu?thats disgusting!

    Anonymous
    Anonymous
    15 years ago

    Overlooked is the fact that both reckless driving and smoking means you really don’t give give a darn about other humans is that really who you want serving as an Eid?? And personally I know enough non-smokers and non-reckless drivers to fill all the Beis Dins all over the world.Fear not!

    Meir Bloomy
    Meir Bloomy
    15 years ago

    What about people who eat trans-fat?

    Joe
    Joe
    15 years ago

    bitul torah is a d’oraysoh too. The good news is that only a Rasha D’Chomos is pasul (learn 3rd perek Sanhedrin). That means someone who cheats on his taxes is definitely pasul, once he is warned and fails to rectify it, lechorah. If anyone learned the sugyah and believes this is mistaken, please correct it here.

    Thanks,

    Jonny
    Jonny
    15 years ago

    Just because everyone is smoking – it doesn’t make it right. I agree with R’ Hakohen but the only problem is, there may not be any kosher eidim anymore.

    Anonymous
    Anonymous
    15 years ago

    Any difference between cigarettes, cigar, or pipe?

    Anonymous
    Anonymous
    15 years ago

    since when is israel considered a malchus?,thereby causing an issue of dina demalchusa dina .Israel is the haven of apikorsim crooks and politicians.not a medina lefi halacha

    KANOY
    KANOY
    15 years ago

    To Anonymous test:51

    How true..and I bet you’re only talking about the RAH BONIM

    justakid
    justakid
    15 years ago

    we can mock, even make fun of him, but his logic is sound. btw i smoke

    Anonymous
    Anonymous
    15 years ago

    Even if you say the medina is not a malchus shel chesed..how about in in america?just answer the question plz and dont weasel out with shtus!is one who is not shomer nafsho a kosher eid?here or anywhere?thanks