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According to Halacha, is seeing something on live video considered “witnessing”? The reason I ask is because numerous Halachos require you to see things, but is seeing it through video considered valid witness in Halacha?

Kirk
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  • You could say the same thing about a chasuna with eidei kiddushin? – Dov Dec 26 '23 at 09:17
  • Why do you ask about chalitza and not any other context where we have witnesses to something – Double AA Dec 27 '23 at 16:39
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    Not sure why this was downvoted. It's a legitimate question. – MDjava Dec 27 '23 at 17:12
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    Considering the witnessing is not for evidentiary reasons but an essential part of the procedure (the posuk says לעיני הזקנים), I would assume it has to be in person. – shmosel Dec 28 '23 at 06:37
  • Related: https://judaism.stackexchange.com/questions/1482/is-live-video-a-halachic-substitute-for-physical-presence – shmosel Dec 28 '23 at 06:37
  • Not dispositive of anything, but for what its worth I remember when I watched R. Ralbag lead the performance of a halisa he was very careful to make sure that every aspect was being observed l'halakhah, crouching down to the ground, making sure that the shoe was on properly etc. I don't think that would be possible via video-conference. – Deuteronomy Dec 28 '23 at 13:30
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    If you have a new question please ask it in a new post. – Double AA Jan 02 '24 at 17:29

1 Answers1

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Din Online

Video surveillance is not a substitute for testimony by two kosher witnesses, so therefore even though there are video cameras under the chupah you still need two human witnesses! Never the less a video can be used to prove a point as supportive evidence when needed. Also where Jewish observation is needed e.g. supervising the production of “cholov Yisroel” to ensure that only kosher milk is being used, many Poskim permit video surveillance.

Re: Chalav Israel the Yeshiva World had an article on it

Mordechai
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  • Now that this doesn't seem to be talking about live video feed, only about something being videoed to be viewed later .. – Lo ani Jan 03 '24 at 23:41
  • The chalav Israel is specifically referring to live video feed and that's on a d'rabanan that doesn't need court or 2 witnesses. Kal v'Homer something that requires real testimony – Mordechai Jan 04 '24 at 00:30
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    It says that Chalav yisrael is allowed to use video, what's the kal vchomer? – Lo ani Jan 04 '24 at 00:57
  • If some don't allow even for chalav Israel which does not require testimony but just just עד אחד נאמן then obviously they wouldn't allow for something that requires a real testimony with 2 witnesses. Also as deepfakes get better, even a live stream could be hacked with a deepfake and I doubt anyone would allow that when you need a "real" testimony – Mordechai Jan 04 '24 at 01:19
  • That's true as far as the 'some' goes (and I would clarify that in the answer). However, the quote you bring says "many Poskim" allow it, and seems to rely on that. Maybe they would allow live testimony as well? Also the point about deep fakes is valid and should be added into the answer if you have a source – Lo ani Jan 04 '24 at 01:35
  • The yeshiva world link has sources. I don't think many poskim know the word deepfake yet. It'll make it into a teshuva sooner or later – Mordechai Jan 04 '24 at 01:39
  • Deepfaking is somewhat discussed in modern poskim, too. – MDjava Jan 28 '24 at 04:08
  • https://www.yutorah.org/lectures/1021492/Wiretapping,-Call-Recordings,-&-Security-Cameras-as-Evidence-in-Beit-Din @Mordechai – MDjava Jan 28 '24 at 04:09