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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kesuvos 105


(a) How do we reconcile the Tana of our Mishnah ...
  1. ... who lists two Gozrei Gezeiros (Admon ben Avishalom and Chanan ben Gada'i), with the Tana of the Beraisa, who adds Chanan ha'Mitzri?
  2. ... who calls them 'Gozrei Gezeiros', with the Tana of the Beraisa, who refers to them as 'Daynei Gezeilos'?
(b) In another Beraisa, Rebbi Yossi quotes the Gozrei Gezeiros, who penalize someone who cuts down another person's sapling (in its first year) to the tune of two silver Ma'ah.
How much would they have charged him for cutting down a two year old tree?

(c) Who is the author of the Beraisa which includes Nachum ha'Madi in the list of Gozrei Gezeiros?

(a) Rebbi Pinchas Amar Rebbi Oshaya informs us that there were three hundred and ninety four Batei-Dinim in Yerushalayim.
What sort of Beis-Din is he talking about?

(b) Which other three institutions did he include in his list of which there were that number?

(c) How do we reconcile this with our Mishnah, which lists only three Gozrei Gezeiros in Yerushalayim?

(a) What was the source of the Gozrei Gezeiros in Yerushalayim's income? How much did they receive?

(b) What problem do we have with Rav Yehudah Amar Rav Asi, who is initially quoted as saying that if they did not agree with that amount, they would receive more?

(c) What did Rav Yehudah Amar Rav Asi really say?

(a) When Karna judged disputes, he would take a Sela from each litigant. How do we know that the Pasuk in Mishpatim "ve'Shochad Lo Sikach" applies even if it is with the express intention of judging the litigant who paid it, fairly, according to the Halachah?

(b) Assuming that a Dayan takes money from both litigants, when does the Tana say ...

  1. ... in the Mishnah in Bechoros 'Diynav Beteilin'?
  2. ... in a Beraisa ''Mechu'ar ha'Dayan'?
(c) Which three conditions did Karna fulfill when taking money from the litigants? What was Karna's profession?

(d) What did Rav Huna mean when, before judging, he would say to the litigants 'Havu Li Gavra de'Dali Li ba'Charika'i'?

(a) Rebbi Avahu mocked the judges who took bribery.
How did he describe their stupidity?

(b) Considering that fools and wicked people are not eligible to judge, what did the Tana of the Beraisa mean when, with reference to the Pasuk "Ki ha'Shochad Ye'aver Einei Chachamim ... " he said 'Kal va'Chomer le'Tipshim'... 'Kal va'Chomer le'Resha'im'?

Answers to questions



(a) How does Rav Nachman bar Kohen explain the Pasuk in Mishlei "Melech ba'Mishpat Ya'amid Eretz ve'Ish Terumos Yaharsenah"? What is the analogy of a Dayan to a king on the one hand, and to a Kohen collecting in the granaries on the other.

(b) Rabah bar Rav Shiloh disqualifies a Dayan who regularly borrows from the people of his town, from judging them.
How does he qualify this statement? When is it permitted?

(c) Then how do we account for Rava being a Dayan in Mechuza, even though he often borrowed from Bei bar Meryon without reciprocating?

(a) What reason does Rava give for the Torah's prohibition of a Dayan who accepts bribery to judge the person who gave it? How does that lie inherent in the word 'Shochad'?

(b) What does Rav Papa say about judging ...

  1. ... a close friend?
  2. ... that one dislikes?
(c) What does Abaye say about a Talmid-Chacham who is loved by his townspeople?

(d) Rava maintained that the residents of Mechuza (the town where he lived) used to love him until he became a Dayan.
What did he say about them after he became a Dayan ...

  1. ... initially ?
  2. ... ultimately?
(a) What do we learn from the fact that the Pasuk writes "ve'Shochad Lo Sikach", rather than "u'Betza Lo Sikach"?

(b) What is the definition of 'Shochad Devarim'?

(c) As an example of Shochad Devarim, we cite what happened to Shmuel. What happened to him as he was crossing a bridge?

(d) Ameimar refused to take on the case of someone who removed a feather from his cloak, and so did Mar Ukva, when a prospective litigant removed some spittle from his path.
On what grounds did Rebbi Yishmael b'Rebbi Yossi refuse to take on the case of his own share-cropper?

(a) What caused Rebbi Yishmael b'Rebbi Yossi to curse those who accepted bribery? What 'Kal va'Chomer' did he Darshen?

(b) A similar incident occurred with Rebbi Yishmael ben Elisha, the Kohen Gadol.
On what grounds did he refuse to take on the case of somebody who came to him to be judged?

(a) Rav Anan declined to accept the case of that man who sent him small fish. Based on an incident in Melachim (that happened with Elisha), the man nevertheless prevailed upon him to accept the fish as a gift.
What do we learn from the reference to 'Bikurim' in the Pasuk there? Why can "Bikurim" not be meant literally?

(b) What did Rav Nachman (wrongly) assume when Rav Anan sent the man to him to be judged?

(c) What were the ramifications of that assumption? Which Asei are we referring to?

(a) Bearing in mind that a second case awaiting Rav Nachman's attention concerned Yesomim, what dilemma now faced Rav Nachman?

(b) What did Rav Nachman decide?

(c) What Takalah (stumbling-block) did his decision cause?

Answers to questions

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