חושן משפט ל"ד 3

17. One who is not familiar with Chumash, Mishna or the ways of the worlds is in the category of wicked and is rabbinically disqualified from testifying. Therefore, we do not give or accept testimony from an ignoramus unless he is established as someone who participates in mitzvos and good deeds and goes in the straight path and is civilized, notwithstanding the fact that he is an ignoramus and is not familiar with Chumash or Mishna. In sum, any scholar is assumed to be valid until he is disqualified and any ignoramus is assumed to be invalid until he is established as someone who goes in the right path. Anyone who accepts the testimony of an ignoramus before he is established as going in the right path or before witnesses come and testify that he keeps the mitzvos and is civilized, is a fool and will have to answer for his actions in the future because he is destroying Jewish money based on the words of the wicked.

An am ha'aretz should not marry a cohen. And if he marries one, their pairing will not develop well (Pesachim 49a) because she will die or it (meaning the child) will die from the pregnancy or problems will come between them. But a scholar that marries an Cohen woman, this is pleasant and praising of Torah and as it was discussed in the first place.

Israelite man should always make an effort to marry a scholar's daughter and to marry his daughter to a scholar. If he can't find a daughter of a scholar he marries the daughter of a gedolei hador (great Rabbi) and he can't find a gedolei hador he marries the daughter of one of the heads of the congregations and if he can't find one of the heads of congregations he marries a collector of Tzedakah and if he he can't find that he marries a school teacher but his daughter should not marry an am haaretz (simpleton). [Isserless: Pertaining to their daughters he says, cursed is the one that lies with beasts and all this pertains to the am haaretz because they are not diligent with the mitzvot. But its a mitzvah for a man to marry the daughter of his sister and there are those who say even the daughter of his brother].

18. Low-lives are rabbinically disqualified from testifying. These are people who walk and eat in the market in front of everyone. People like this go naked in the market when they are working on a disgusting matter or something similar in that they do not have any shame and are considered like dogs and do not care about testifying falsely. Included in this are those that publicly accept charity from gentiles, even though it is possible for them to be supported privately. They degrade themselves and have no care. All of these are rabbinically disqualified. Anyone who accepts payment to testify has his testimony nullified just like someone who takes payment to judge as was explained above in 9:5. No formal announcement is required. The ruling and testimony are void automatically. If he returns the money, his ruling and testimony are valid because it is not like other disqualifications where a formal announcement and repentance are required. It is merely a fine that the rabbis instituted that any action he takes should be void if he accepts payment. This all applies to witnesses that already saw the incident and are obligated to testify just as a person is obligated to judge between two litigants. However, it is permitted for someone who is not required to testify to accept payment to go and see the future incident. If a judge already ruled and a party brings him a gift for advocating for him, he is prohibited from accepting the gift. Anything a person testifies because of fear of pain has no substance.

19. A gentile and slave are disqualified from testifying.

20. One who hates another and says publicly “I will go and hand over your money to the authorities” is disqualified from testifying.

21. A mamzer, a person with crushed testicles, a person with a cut-off penis and one who is uncircumcised because his bothers died from circumcision are all allowed to testify.

The Gemara asks: And are they not rewarded for fulfilling those mitzvot? But isn’t it taught in a baraita that Rabbi Meir would say: From where is it derived that even a gentile who engages in Torah study is considered like a High Priest? The verse states: “You shall therefore keep My statutes and My ordinances, which if a person do, and shall live by them” (Leviticus 18:5). It is not stated: Priests, Levites, and Israelites, but rather the general term “person.” From here you learn that even a gentile who engages in the study of Torah is like a High Priest. This demonstrates that gentiles are rewarded for fulfilling mitzvot, despite the fact that they are not commanded to do so.

22. Snitches, heretics and mumarim are of a lower level than gentiles and are disqualified from testifying. A snitch cannot testify, even if the victim forgave him, until he repents. An apostate who agrees to repent is valid immediately even if he has not yet done it.

23. The testimony of one who is biblically disqualified is void even if they did not make a formal proclamation in the synagogues and study halls. If one who is rabbinically disqualified testified before a formal announcement, the testimony is valid. Even a biblical disqualification should only be used in a case where we are certain, but not in a case of doubt, such as where he testified in court and witnesses subsequently came and testified that he violated a sin that would biblically disqualify him but we are unsure whether he violated it before his testimony or after. In such a case, we keep the individual in his original status and anything that he testified on is valid until we know that he violated the sin before his testimony. If an individual required a formal announcement for a rabbinical disqualification and he received a public punishment for the sin, such as his removal from the synagogue, it is as if they made a formal announcement.

1. All may slaughter (shecht), at the outset, even women . Rema: {There are those that say that women should not be permitted to shecht, as we have already established a custom that (women) are not to shecht, and thus the tradition (holds) that women do not shecht.} Slaves and anyone, even if you do not know that he does not faint (because of shechting), even if you do not know if he is an expert that knows the laws of shechita (kosher slaughter), it is permitted from the outset to let him shecht and it is permitted to eat from his shechita. This is because the majority of those that regularly shecht are under the presumption of being tested experts (in shechita). What situation are we talking about here? (We are talking about a situation) where that person is not in front of us, only then is it permitted to eat from his shechita, and we rely on the presumption (referenced to above). However if he is before us we need to check him, if he is an expert and knows the laws of shechita, however we do not need to ask if he faints. Rema: {There are those that say that one should only rely on the presumption after the fact,and that initially the presumption should not be relied upon if you are in a place where you can clarify him (the Shochet's [kosher slaughterer's] abilities). All this applies to those that aren't proficient and need to know if this Shochet is proficient. But the Shochet himself shall not shecht, even if he knows the laws of shechita and is proficient, until he has shechted 3 times in front of a learned man and one that is proficient in the laws of shechita. Therefor we practice that a man shall not shecht without having obtained kabalah (ordination) from before a learned one. And the learned one should not give kabalah until he knows that he (the Shochet) knows the laws of shechita and is proficient with his hands. Therefor we practice that all who come to shecht we trust them initially and we don't check them before or after. Because all that are found to be shechting have already received kabalah from before a learned one. And in a few places they are more stringent. That the one who received (kabalah) also gets a written letter from the learned one, as proof that he has given him kabalah. And every Shochet, even though he has recieved kabalah, it is fitting that he should return to the chapters of laws of shechita. That they (the laws of shechita) should live in his mouth and in his heart, so that he will not forget them. And like in the laws of shechita and with one that comes to shecht thus is the ruling in the laws of bedikaht hare'ah (checking the lungs for disqualifying sickness) and one that comes to check (the lungs). And their (shechita's and behikah's) rules and customs are all equal in all of this. And it is fitting for a Jewish court to investigate and the bodkim (checkers of disqualifying sickness) and shochtim (kosher slaughterers). Because large is the transgression in bedikot and shechitot, that are applicable to all. And if they checked some Shochet or bodek and it is found that he does not know, if at one time he received kabbalah we do not deem all everything he has shechted in the past to be treif (unkosher), for we say that only now did he become bad. But if one has never received kabalah, everything that he has shechted will become treif, and also all the dishes on which what he shechted was cooked would need to be kashered}...