In the context of disqualifying judges, Resh Laskish expresses great respect for Rabbi Meir, despite his unusual opinion. Which deference the Gemara seems to query. So, how did the sages relate to each other? How was Baylonia different? Plus, drawing connections between arrogance and poverty, and the Torah scholars in Babylonia vs. Persia (Elam). Also, a new mishnah: litigants can accept otherwise people who are not valid to be judges. But whether they are can change their minds with regard to t...
Jan 10, 2025•27 min•Season 23Ep. 24
Chapter 3! Returning to the courts for monetary matters of 3 judges, with more details and procedure too. The new mishnah addresses choosing judges for the court and whether a litigant can disqualify a judge if he is halakhically fit to be a judge (machloket, of course). The Gemara delves into the question of selecting and disqualifying a judge -- applying it to a very specific case with a choice of a secular judge. Plus, the role of a judge's expertise in whether he can be disqualified. Note th...
Jan 09, 2025•17 min•Season 24Ep. 23
Another new misnah - the last one of the chapter, with more on the king, and how the people are limited in their conduct with regard to the king. For example, not looking at the king while he is getting a haircut. The Gemara delves in King David as a case study, as a paradigm, including a story about Avishag HaShunamite, who wants to marry him, but he declines on the basis of old age (and then defies that same claim). Plus, the difficulty of setting people up to marry with the right person is mi...
Jan 08, 2025•23 min•Season 24Ep. 22
Another daf with 2 mishnayot - on kings. First, he is prohibited from marrying too many wives - that is, no more than 18. With some dispute over whether that is because of the risk of being led astray (a problem if true of only one wife!) or an edict about the wives themselves. With a parallel question as to why the Torah prohibits taking a widow's garment as collateral - is it a matter of her financial standing or her status as a widow? Second - the king also is prohibited from having too many ...
Jan 07, 2025•19 min•Season 24Ep. 21
On Paltiel, the second husband of Michal, daughter of Saul. But how could Michal have been with Paltiel as a wife?? Paltiel is included among others who were praised for not acting on sexual urges. Plus, the poverty - and piety, as previously discussed - of Rabbi Yehudah bar Ilai [Who's Who: Rabbi Yehudah bar Ilai]. Also, a new mishnah: when a king dies and when a king mourns, plus other details of mourning. And a second mishnah on the need for 71 judges to establish a draft for an optional war....
Jan 06, 2025•21 min•Season 24Ep. 20
A king does not judge and is not judged -- but what kind of king is this? Specifically, the kings of Israel and not Judah (or Yehudah), the latter of which are the kings of the Davidic dynasty, his descendants, and who did judge (and presumably therefore were judged). Plus, the story of Shimon ben Shetach and the refusal of King Yannai to be part of the judgement after his slave killed a person. The sages refused to stand with Shimon ben Shetach, and they were judged harshly for it, but from the...
Jan 05, 2025•21 min•Season 24Ep. 19
Chapter 2! With a mishnah about various legalities with regard to a high priest (kohen gadol), including him not being a judge nor judged. And issues of yibum/halitzah. Plus, other roles and their various legalities (such as a king). Also, the Gemara on the mishnah, delving into the limitations on who can be a judge - beginning with the kohen gadol. Plus, some discussion about the overlapping spheres of authority (that should not overlap) and the roles of the priests.
Jan 04, 2025•15 min•Season 24Ep. 18
In a case where the vote of 71 is unanimous to convict, they can't convict, but rather acquit - beginning with the fact that the sentencing could not be carried out on the same day of the vote to convict. Because nobody would come forward to argue against the conviction, which is essential in this kind of capital case. Plus, the people who are appointed to the Sanhedrin had to be of high stature, wisdom, look good, know 70 languages, and be exceptional at argumentation, among other factors. Also...
Jan 03, 2025•18 min•Season 24Ep. 17
A false prophet is to be judged only by the court of 71. How we do know that? The Gemara uses verses with the same term to derive it -- and then revises which term is the one to learn the halakhah from, both as linked to the case of the rebellious elder (zaken mamre). Also, extending the city limits of Jerusalem, only with the court of 71. With a side discussion (that takes over) into the vessels of the Temple.
Jan 02, 2025•17 min•Season 24Ep. 16
Turning to capital cases, judged by 23 judges. Including various cases of bestiality -- wherein both parties (human and animal) are put to death. Also, other cases where animals are put to death, specifically, when they kill a person (including wild animals) -- without waiting for a court decision. Can they be tamed? Can they have owners? But when a court is involved... don't they need 23?
Jan 01, 2025•14 min•Season 14Ep. 15
More on semikhah - ordination -- both the process of whether laying on of hands is necessary and why 3 judges were essential. Including the promised story and Who's Who about Yehudah ben Bava. Ordination itself was grounds for a death sentence (during the Hadrian persecutions), and destruction of the places where it was being given, to eliminate Jewish authority. The discussion comes back to the position that 3 judges are not required for ordination, but a complicated route to get there with reg...
Dec 31, 2024•20 min•Season 24Ep. 14
What happens to the equinox, when calculating the calendar? Is it considered the beginning of the new season or the end of the old season? The equinox is significant as it is a marker for the seasons falling as they should, in the given months, with a focus on the autumn at this time. As for the spring, if the winter season extends 19 days into the Nisan season, that is enough to intercalate the year. Also, "semikhat yadayim" -- the laying on of hands from elder sages to up-and-coming sages as t...
Dec 30, 2024•15 min•Season 24Ep. 13
How far in advance of Adar -- when the month is added to the year -- could they intercalate the year? Rosh Hashanah time? Before it? Afterwards? Why would they to do it so early in the year? Only in a time of religious persecution, which the Gemara provides an example of, under the oppressive thumb of Rome. Plus, going back to the story of King Solomon's Temple and a monthly rotation that seems to have included the possibility of a 13th month. Also, if the majority of the people would be impure ...
Dec 29, 2024•22 min•Season 24Ep. 12
That time Shmuel HaKatan took the blame for someone else. [Who's Who: Shmuel HaKatan]. Also, that time Rabbi Hiyya took the blame for someone else. With the practical notes that intercalation for the calendar required invitation to participate in the decision-making and the ceremony -- and Rabbi Yehudah HaNasi did not like the smell of garlic. Also, Rabbi Shimon ben Gamliel would proclaim the leap year - apparently, in contrast to Rabban Gamliel, who convened a committee. Plus, the reference to ...
Dec 28, 2024•16 min•Season 24Ep. 11
A case where the judgement might be lashes requires 3 judges, with an explanation of why, from a verse. So why do others maintain that 23 judges are needed for such a case? In part because of the connection to lashes being linked to a death sentence - though perhaps the seriousness of lashes themselves pushes for that connection. Also, intercalation of a month (to make a leap month) needs 3 judges. The discussion distinguishes between the procedure for establishing the month vs. figuring out tha...
Dec 27, 2024•18 min•Season 24Ep. 10
A long discussion on the dispute between Rabbi Meir and the rabbis in mishnah -- beginning with a case of a husband who accuses his wife of not being a virgin at marriage (tantamount, in this context to an accusation of adultery), and the dispute is over the question of whether the case requires 3 or 23 judges (is it a capital case or a monetary one)? (8 explanations addressing the interpretations of 3 vs. 23). Also, what if that same case were subject to conspiring witnesses... which means they...
Dec 26, 2024•15 min•Season 24Ep. 9
Parsing a verse from the Torah, the Gemara explores the ethics of judges, and how they must judge "small and great" alike -- understood to be monetary sums at stake. The Gemara recognizes that people will try to cheat the court. Plus, a comment from Moshe (Moses) that is interpreted as a strike against him and, conversely, in his favor. Also, a twist on "zimmun," the 3 who eat and bless afterwards together - but that's not what this is.
Dec 25, 2024•12 min•Season 24Ep. 8
A sidebar to the discussion of judges, wherein a passerby utters pithy statements which a couple of sages then ground in biblical verses. Also, errors in judgement: what happens when the judge selected was a poor choice, or if the judgement is wrong? The care in judgement is essential.
Dec 24, 2024•18 min•Season 24Ep. 7
How many judges do you need for meditation? For compromise? Is it akin to "judgement" or not? Plus, the need for a formal act of acquisition (or lack thereof) for a compromise to go into effect. Also, on the topic of arbitration, or compromise - where some maintain it is not the job of a judge, and some say it is. Plus, the relationship between peace and judgement -- which comes to compromise. Plus, the biblical figures associated with the respective traits, as needed in the judicial system....
Dec 23, 2024•15 min•Season 24Ep. 6
For a judge to not undertake financial responsibility for an error in judgement, he needs permission to judge from the exilarch. Plus, complications between the authority granted by the exilarch in Babylonia and that granted by the nasi in the land of Israel. Plus, the origins of the terms of rabbinic ordination of different levels, even (mostly) to this very day. Also, a focus on the authority of establishing (and permitting) the status of the first-born animals. Plus, some dramatic errors and ...
Dec 22, 2024•26 min•Season 24Ep. 5
Cases of whether one should focus on the pronunciation of a word as compared to its written version, for any number of cases where both are presented, when they are not the same. The dispute upholds both, truth be told. One example: How many walls are required for a kosher sukkah - based on the written/read word in the Torah. Also, which wins? It seems that pronunciation always does, so the Gemara explores if that is accurate.
Dec 21, 2024•18 min•Season 24Ep. 4
On why the mishnah needs to include damages and half-damages in its list (about how many judges for this kind of case). Also, a dispute about whether the number of judges really needs to be odd. Also, Rabbi Yehudah HaNasi's position that 5 judges are needed, not 3! Perhaps 3 judges on the side of the verdict? Which means 5 to make the majority... (except that is rejected too, because how can it possibly always mean that X number of judges agree to the final verdict?). Plus, more on the word for ...
Dec 20, 2024•18 min•Season 24Ep. 3
Beginning Sanhedrin! With an introduction to the court system, as initially instituted, in some measure, in the Torah. And the first mishnah -- this time, all of the mishnah of the chapter, printed together at its beginning. First and foremost, determining the number of judges needed for each case of damages, in "monetary law" (dini mamanot) - 3, and then for capital cases (dini nefashot) - 23. Plus, how do we know the number of judges for the courts? That is, which verses from the Torah?). Also...
Dec 19, 2024•24 min•Season 24Ep. 2
In the case of one who wrote an IOU document in his own handwriting, without witnesses, then the collection can only take place from unencumbered property -- even if that same IOU was later ratified in court. A bill of divorce is brought in the attempt to argue that such a document should function as a complete IOU and be able to collect from property that has a lien on it. Though the Gemara highlights the differences in the cases instead of accepting the argument. Also, in the case of needing t...
Dec 18, 2024•16 min•Season 23Ep. 176
Returning to the person on his deathbed -- what about liability incurred by a person in these circumstances? What are the implications of his status for how the funds/property can be collected? Note that the witness factor is significantly diminished because of that deathbed status. Also, a new mishnah! (the last mishnah of the tractate) One who lends via a document can collect from "encumbered property" - that which has a lien on it. And again, what is the role of the guarantor? Plus, the value...
Dec 17, 2024•18 min•Season 23Ep. 175
More on the guarantor -- distinguishing between a regular one and a "kablan guarantor." So, here, the halakhic concept becomes a halakhic category, with variations that have ramifications. How, then, does one collect money from a guarantor. Plus, a guarantor for a loan from a creditor who is not Jewish. Plus, a guarantor for a wife's ketubah funds. Also, a concrete case of using a ketubah guarantor as a means of finding the funds for the young couple (remarried) -- but such shenanigans!
Dec 16, 2024•23 min•Season 23Ep. 174
More on people who have the same name -- and a need for a scribe to write an IOU -- with a third approach to making the deal work, including, if both parties are present at the scribe. Also, a new mishnah! When one of many (or even 2) IOUs has been paid back - and the holder of them doesn't know which of them is paid back -- the mishnah says to act stringently, to ensure nobody would be paying back twice. Also, another new mishnah! On the role of a guarantor - and how one might cheat via the gua...
Dec 15, 2024•20 min•Season 23Ep. 173
On the ways to write documents, especially those used to effect transfer -- including if the document is written in a different place from that actual transfer of property. Plus, the scribe's responsibility not only with regard to the writing of the words, but also to the writing of it. Also, a new mishnah! A case of two brothers: 1 wealthy, 1 poor. Their father leaves them property that was used to make a profit. Plus, the case of two parties with the same name -- for example, Yosef bar Shimon....
Dec 14, 2024•15 min•Season 23Ep. 172
Everyone agrees that if the date of an IOU is the date of a Shabbat or Yom Kippur, the given assumption is that the document was post-dated, with some occasions that - despite this apparent exceptions that are the subject of a dispute between Rabbi Yehudah and Rabbi Yossi. Also, other cases of bills being dated to some future date, after the funds for that bill becoming available -- presumably for financial flexibility.
Dec 13, 2024•15 min•Season 23Ep. 171
When an apparently previous owner claims he is the current owner, against the apparent current owner. What kind of proof would be necessary? All of which leads into a case and a story - to summarize the issues and the legal decision: an outstanding loan that is contested. Also, a new mishnah! The case of one who has paid a portion of his debt, what do you do with the IOU notes? How much scope for confusion - or fraud - and when do you need the courts?
Dec 12, 2024•14 min•Season 23Ep. 170
