Rambam - 1 Chapter a Day

As the Rambam proceeds to explain, some of these individuals are disqualified on the basis of Scriptural Law, and others on the basis of Rabbinic decree.

See Halachah 2.

I.e., Canaanite servants. See Halachot 3-6.

See Halachot 7-8.

See Halachot 9-10.

See Halachah 11.

See Halachah 12.

See Chapters 10 and 12.

See Chapter 11, Halachah 5.

See Chapters 13 and 14.

See Chapter 15.

See the Ramah (Choshen Mishpat 35:14) who states that in situations where male witnesses are unlikely to be found, the Rabbis ordained that the testimony of women should be accepted.

Sh’vuot 30a derives this concept from Deuteronomy 19:17: “And the two men will stand,” implying “men,” and not women. To this writer’s knowledge, the commentaries have not found a prior Rabbinic source that employs the Rambam’s prooftext. Indeed, the Radbaz and the Kessef Mishneh question the use of that prooftext, noting that the entire Torah is written using male declinations.

A person whose sexual organ is covered by flesh and it is impossible to detect whether he is a male or female (Hilchot Ishut 2:25 ).

A person who has both male and female sexual organs (ibid.:24).

See also Chapter 12, Halachah 3.

I.e., capital punishment or lashes.

We follow the principle: When a person desires to expropriate money from a colleague, the burden of proof is on him.

The Kessef Mishneh explains that this is inferred from the ruling with regard to financial penalties. If we do not impose a financial penalty when there is a doubt involved, certainly we do not inflict punishment on an individual’s physical person.

The verse speaks about the punishment given to an ed zomeim, a witness who delivers false testimony against a colleague.

And servants are not considered full-fledged members of the covenant. As the Rambam states (Hilchot Issurei Bi’ah 14:17): “A servant... has already left the category of gentiles... but has not yet entered the category of Jews.” See the Or Sameach who cites sources (e.g., Gittin 23b) which appear to indicate that servants are considered as members of the covenant although they do not have the same status as the Jewish people. Indeed, Deuteronomy 29:10-11 speaks about the covenant with God including “your wood-cutters and water-drawers,” which our Sages interpret as referring to Canaanite servants.

For example, a servant who had been owned by two Jews in partnership and was freed by one and not freed by the other. See also Hilchot Avadim 7:4.

Because the dimension of him which is a servant involves everything that he does.

Although a person states that he is willing to free his servant, until he formalizes that statement with a legal document, the servant is not formally freed and may not marry a Jewish woman.

Which is necessary to bring about his change of status as stated in Hilchot Issurei Bi’ah 13:12.

Two pubic hairs.

I.e., reaches the age of 35. For Psalms 90:10: speaks of "the years of our lives" as being "70."

Chapter 2.

Hairs in his beard or hair on his underarms.

To see whether he manifested signs of physical maturity in his pubic area. Even though he has reached the required age, he must also manifest physical maturity.

I.e., when he reaches his thirteenth birthday. After any portion of the day passes, we follow the principle (Pesachim 4a): “A portion of the day is like the entire day,” and he is considered as thirteen and a day.

If, however, a child is familiar with business dealings, his testimony is accepted, even though he has just past his thirteenth birthday (Kessef Mishneh).

And we are very careful when it comes to matters involving landed property, because a person’s livelihood is dependent on land (Radbaz). See Hilchot Mechirah 29:12-13 which mentions restrictions with regard to a youth’s sale of his own landed property until he reaches the age of 20.

For we assume that such a person will not be capable of giving accurate testimony. In a certain way, a feeble-minded person like this is worse than an emotionally unstable person. For an emotionally unstable person is often intellectually capable and able to perceive information; the difficulty with him involves his intemperate excesses. A simpleton, by contrast, has difficulty comprehending; that is why he is unacceptable (Sefer Me’irat Einayim 35:21).

The definition of a person as mentally or emotionally unstable is a very delicate matter, because there are times when a person is on the border of being placed in this category and yet his testimony could be useful in enabling a woman to receive license to remarry and similar matters. Over the years, the Rabbis have frequently dealt with questions of this nature.

As stated in Chapter 3, Halachah 4, testimony must be delivered orally. Moreover, a person may not even sign on a legal document unless he is fit to testify orally.
As noted by the Kessef Mishneh and others, the Rambam’s statements here are interpreted by some as an indication that if a person is fit to deliver testimony in court, he need not actually testify orally, but may instead send a record of his testimony. This understanding - both as a halachic ruling and as the interpretation of the Rambam’s position - is not accepted by all authorities.

See Chapter 17, Halachah 2; see also Hilchot Sanhedrin 12:3.

In contrast to the individuals mentioned in the previous clause who had congenital difficulties, this person was able to speak and hear, but lost these abilities due to accident or illness.

See Hilchot Gerushin 2:16 which explains that a person whose mind is sound, but who has lost his ability to speak is asked a series of questions requiring both positive and negative answers. If it is obvious from the way he nods his head that he is responding intelligently, he is allowed to initiate divorce proceedings.

See Hilchot Gerushin 12:15, 13:28-29.

See Hilchot Sanhedrin 2:9, 11:11, which rules that a person who can see with only one eye is not acceptable as a judge for cases involving capital punishment. He may, however, adjudicate cases involving monetary law.