שתיקה כהודאה INTEGRAL HALAKHA PLENARY OHALAH 2023

Moses received the Torah at Sinai and transmitted it to Joshua, Joshua to the elders, and the elders to the prophets, and the prophets to the Men of the Great Assembly. They said three things: Be patient in [the administration of] justice, raise many disciples and make a fence round the Torah.

of the mishna, what is the reason that when he remains silent, the Rabbis obligate him to bring to an offering based on the testimony of one witness? If we say it is because the witness is deemed credible, but there is the case of an ordinary pair of witnesses, where even though he contradicts their claim they are deemed credible, and yet the Rabbis exempt him from bringing an offering. If so, they would certainly not obligate him to bring an offering due to the testimony of a lone witness. Rather, is it not because he remained silent, and silence is considered like an admission? If this is the reason why he brings an offering, there is no proof from here that the testimony of one witness is accepted.

§ A dilemma was raised before the Sages: If a husband is told by one witness that his wife committed adultery, and the husband remains silent, what is the halakha? Abaye said: The witness is deemed credible. Rava said: He is not deemed credible. Why not? Because it is a matter involving forbidden relations, and there is no matter of testimony for forbidden sexual relations that can be attested to by fewer than two witnesses.

Anyone who is called a mamzer or netin or challal or a servant and he is silent about his status, we suspect him and his family and we don't marry them even if we check as was explained. [Isserless: There are some that say this applies only to a family that is known to blend with one of these psulim (inappropriate ones), but an individual that is called thus and keeps quiet, means nothing. There are others who say that all this (from the Mechaber) only applies to earlier generations where Beis Din would keep track of the yichus of families and appropriately apply punishments, so if someone is silent, it can be considered that he admits since he knows that the truth will be revealed. But now, silence is an indication only that he does not want to argue or fight and is thus praiseworthy, so rather today, we accept this as a sign of good yichus as long as he does not cause an argument. Others say that we do not say at all that 'silence is like an admission' and that all this only goes as a sign against the accuser himself and we question his Yichus (not the accused one). Yet, if he is trying to Possel his children in front of him and he remains silent, the silence is never considered and admission (not even by the Mechaber) although, it does raise some concern and reason to check his family. And in all cases, someone who hears troubling words about other matters (aside from Yichus) and he remains silent, this is a clear sign of proper upbringing and that he is appropriate to marry.]

Anyone who is called a mamzer or netin or challal or a servant and he is silent about his status, we suspect him and his family and we don't marry them even if we check as was explained. [Isserless: There are some that say this applies only to a family that is known to blend with one of these psulim (inappropriate ones), but an individual that is called thus and keeps quiet, means nothing. There are others who say that all this (from the Mechaber) only applies to earlier generations where Beis Din would keep track of the yichus of families and appropriately apply punishments, so if someone is silent, it can be considered that he admits since he knows that the truth will be revealed. But now, silence is an indication only that he does not want to argue or fight and is thus praiseworthy, so rather today, we accept this as a sign of good yichus as long as he does not cause an argument. Others say that we do not say at all that 'silence is like an admission' and that all this only goes as a sign against the accuser himself and we question his Yichus (not the accused one). Yet, if he is trying to Possel his children in front of him and he remains silent, the silence is never considered and admission (not even by the Mechaber) although, it does raise some concern and reason to check his family. And in all cases, someone who hears troubling words about other matters (aside from Yichus) and he remains silent, this is a clear sign of proper upbringing and that he is appropriate to marry.]