Does Someone Who Is Passul L'Aidus Have Legal Standing?

Home Forums Bais Medrash Does Someone Who Is Passul L'Aidus Have Legal Standing?

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  • #609550
    WolfishMusings
    Participant

    In short:

    Do we say that since he is ineligible to participate in legal proceedings he is also ineligible to initiate them? Or can he, in fact, initiate legal proceedings even though he cannot participate in them?

    The Wolf

    Usual disclaimers: not halacha l’ma’aseh, AYLOR, YMMV, etc.

    #957168
    musser zoger
    Participant

    a woman is pasul l’aidus, but can initiate a din Torah.ot sure what you are asking.

    #957169
    Brony
    Participant

    why not? participation as a witness and initiation (i presume you mean as plaintiff) are entirely different things.

    #957170
    zahavasdad
    Participant

    If this was true a single woman (No Husband, Brothers or Sons) who is a landlord could not go to Beis din against a non-paying tenant for back rent

    #957171
    ☕ DaasYochid ☕
    Participant

    In short, he can.

    #957172
    Israeli Chareidi
    Participant

    There is no reason why a posul cannot be a to’ein or a nitan. He or she just cannot be an eid.

    #957173
    akuperma
    Participant

    Why wouldn’t they?

    Not having standing means you are excluded from all legal proceedings. Anyone can legally take your property or your person. This occured in English law (i.e., the legal status of being an “outlaw”). It’s not part of our tradition.

    #957174
    popa_bar_abba
    Participant

    Yes, these are not related.

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