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The fruit of the poisoned tree according to Halacha

שו"תThe fruit of the poisoned tree according to Halacha
שאל לפני 4 שנים

Peace and blessings, Rabbi Michael,
I recently came across the doctrine of the fruit of the poisoned tree and tried to think about what the sages and the halakhah think about this issue (acceptable evidence obtained illegally or through a halakhic offense) and no sources came to mind. Could the rabbi refer me to issues related to this question? I would also like to hear, what is the rabbi's opinion on this specific issue from a moral and halakhic perspective?
thanks.


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מיכי צוות ענה לפני 4 שנים
There is a consideration here of future prevention versus current punishment. Perhaps it is right to accept the evidence and punish the person who committed the offense. This way, both deterrence and justice are achieved. In terms of halakhah, I do not know of a clear reference to the matter, and certainly not a sweeping one. There are tangential cases such as the case of a person who forged a bill in order to create evidence of fraud) in 2:33. Or the case of a forger in Gittin 4:1, regarding a forger from within it, and the comment of Reka there. There are of course all kinds of evidence that is indirectly invalid due to offenses such as the testimony of a wicked person, but there it is not the invalidation of the evidence but of the person. This is not the case with every offense either.

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