upon him; but I have reservations about this view, because he must give testimony when it becomes specifically incumbent upon him, lest rights be lost through his refusal to serve as a witness or to give testimony.

Does an audio recording constitute proof against a litigant who denies it?

If the voice is identifiable, it is regarded as evidence and an admission. If it is not identifiable, it is not regarded as evidence and no judgment may be based upon it, though it may serve as a supporting indication. The same distinction applies to writing: whatever is identifiable is evidence, whereas whatever is not identifiable is not acted upon unless it has been attested by witnesses.

His statement: “and the like.” (1)

His statement: “Whoever testifies to a marriage or any other contract must mention its conditions.” This issue is almost based on the previous discussion concerning a claim, where the author stated that one who claims a contract must mention its conditions. We mentioned there the disagreement on this issue. This matter is similar: if someone testifies to a marriage contract, saying, “I testify that so-and-so contracted marriage with the daughter of so-and-so,” he must mention its conditions. Thus, for example, he should say: with a guardian, two witnesses, legally valid consent, and identification of the spouses. If he merely says, “I testify that so-and-so concluded a marriage contract for so-and-so to his daughter,” without mentioning the conditions, his testimony is not accepted until he clarifies those conditions. Why? They say: because he may testify to a marriage contract that he considers valid when it is in fact invalid. Marriage contracts require caution and must not be treated lightly. Therefore, the conditions must be mentioned. The same applies