Kiddushin

Kiddushin 65b: Believing one witness who claims the food is forbidden

Kiddushin 65b: If one witness told someone, “Your food became tamei,” and the owner of the food disputes this, the food is tahor.

קידושין סה ע”ב: ואמר אביי: אמר לו עד אחד נטמאו טהרותיך, והלה שותק ־ נאמן, ותנא תונא: עד אחד אומר נטמאו, והלה אומר לא נטמאו ־ פטורֹ טעמא דאמר לא, הא אישתיק מהימן.

יו”ד קפ”ה ס”ג רמ”א: אמרה פלוני חכם טהר לי כתם והחכם אומר שהיא משקרת החכם נאמן וטמאה היא.

There was once a restaurant owner whose mashgiach told him that he found treif food in the restaurant. The man went to his rav, who said, “You don’t have to believe the mashgiach, because he is one witness coming to forbid something.”

The story became famous and it was discussed in the yeshivos. Rabbi Yisroel Reisman told the story to his rebbe, Rav Avrohom Pam, who responded immediately: “That’s the Teshuvos Meishiv Davar, YD Siman Alef.” The Netziv is responding there to a rav who knew that a shochet in his town was not doing a good job; did he have to inform people? The Netziv answer was that if he had been a private citizen who happened to know this information, he would not be obligated to publicize it, because if he did, people would not be obligated to believe him as one witness coming to forbid. But since he was the rav of the town, who is responsible for the shechitah, people would be obligated to believe him; therefore he was obligated to publicize the problem.

This is similar to a halacha stated by the Rema in the laws of Niddah, YD 185:3. If a woman tells her husband that a certain rabbi looked at her cloth and permitted it, and then the husband goes and asks that rabbi if he really said that, and the rabbi says no, then she’s forbidden to him. Now, why is the husband obligated to listen to the rabbi? He is one witness coming to forbid her! Let him listen to his own wife, who is one witness to permit herself! The answer is that she is not claiming to know independently that she is permitted; she made her credibility dependent on this rabbi. Here too, the restaurant owner hired this mashgiach and based his credibility on him. He is not allowed to deny the mashgiach’s claim.

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