Sunday 6 February 2011

Chochmat Adam On Trusting Sources

The problems of relying on 2nd and 3rd parties in Hilchot R'chilut and Lashon Hara are basic. One must ALWAYS be wary of the press when presenting a case especially when it may be 2 or 3 parties removed from the original.

This also manifests re: ne'emanut in issur v'heter. EG see Chochmat Adam Hilchot Niddah 109:4

A. When a woman says Hacham Ploni says I'm pure - she's believed - because she's always
believed in the plain default case re: Niddah.

B. However, when Hacham Ploni himself denies he purified her, we believe HIM and not Her.

C. However, when Hacham Ploni is not here before us and just some third party contradicts the Ishah, we DO believe HER and not that third party.

Let's extrapolate

If Avraham says he's innocent of hitting Yitzchak we would typically believe him

But when Yitzchak argues and says he WAS hit by Avraham, he may legitimately litigate, and we cannot be certain of whom to believe.

However, when Avraham claims innocence, and some third party - EG a newspaper - denies Avraham's innocence, we still ought to believe Avraham - though indeed we may protect ourselves by harbouring legitimate suspicion. Nevertheless we may NOT presume guilt

Shalom
RRW

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