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Rosh Kollel: Rabbi Mordecai Kornfeld

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Sanhedrin 3


(a) Objection #1 (against Answer 3:e, Daf 2B): If admissions and loans do not need Mumchim, the Mishnah teaches separate laws - monetary cases need three judges (even amateurs), theft and wounds require three Mumchim (but R. Avahu said that theft and wounds are examples of monetary cases)!
(b) Objection #2: (against Answer 3:b (2B)): (If theft or wounds are examples of monetary cases) why does the Mishnah say 'three judges' by monetary cases, and repeat 'three judges' after theft and wounds and...)?
(c) Answer #2 (to Question 3:a (2B) - Rava): (Eiruv Parshiyos applies here, Mid'Oraisa, three Mumchim are needed also for admissions and loans;) the Mishnah teaches two different laws:
1. (Mid'Rabanan, three amateurs suffice for monetary cases (i.e. admissions and loans), lest people will refrain from lending;
2. Theft and wounds require three Mumchim.)
(d) (Rav Acha brei d'Rav Ika): (Rashi - Eiruv Parshiyos does not apply here; Tosfos - even if it does) Mid'Oraisa, one judge (even an amateur) suffices for admissions and loans - "B'Tzedek Tishpot Amisecha";
1. Mid'Rabanan, we require three judges, lest an ignoramus give the wrong verdict.
(e) Question: Even with three judges, we should be concerned for unlearned judges!
(f) Answer: Surely, at least one of the three people has learned.
(g) Question: If so, we should say that if they erred, they are exempt (Rashi - because they are allowed to judge; Tosfos - to encourage learned people to judge).
(h) Answer: All the more so, this would encourage unlearned people to judge!
(i) Question: (Practically,) what is the difference between Rava and Rav Acha?
(j) Answer: They argue about Shmuel's law.
1. (Shmuel): If two judged a monetary case, the verdict stands, just it is called an impudent Beis Din.
2. Rava argues with Shmuel, Rav Acha agrees with Shmuel.
(a) (Mishnah): Theft and wounds... damage, half-damage...
(b) Question: Damage is identical to wounds (whether an animal or person hit a person)!
(c) Answer: Yes, there was no need to teach damage, it was only taught along with half-damage.
(d) Question: Also half-damage is wounds!
(e) Answer #1: The Tana teaches fines (payments not equal to the damage, only witnesses obligate one to pay them) and 'Mamon' (payments that are not fines).
(f) Question: This is according to the opinion that half-damage is a fine;
1. According to the opinion that half-damage is Mamon, what can we answer?
(g) Answer #2: Because he must teach double payment, four and five, which are more than the principal, he also teaches half-damage, which is less than the principal.

1. Since he teaches half-damage, he also teaches damage.
(a) Question: How do we know that three judges are needed?
(b) Answer (Beraisa - R. Yoshiyah): "V'Nikrav Ba'al ha'Bayis El *ha'Elohim*" - this teaches one; "Ad *ha'Elohim* Yavo Devar Shneihem" teaches a second; "Asher Yarshi'un *Elohim*" teaches a third;
(c) R. Yonason says, the first time 'ha'Elohim' is said, it is needed to teach that Mumchim are required, we cannot expound it to teach the number of judges;
1. We expound the other two, to teach two judges; we do not make a Beis Din with an even number of judges, so we add a third.
(d) Suggestion: They argue whether or not we expound the first occurrence.
(e) Rejection: No, all agree that (normally) we do not expound the first occurrence;
1. Here, R. Yoshiyah expounds it, because it should have said 'Shofet' (judge); since the Torah rather said "ha'Elohim", it teaches about how many are required.
2. R. Yonason says, this merely suggests that someone with a case should go to a Mumcheh.
(f) Question: Does R. Yoshiyah argue with the rule 'we do not make a Beis Din with an even number of judges'?! (A verse teaches this!)
1. (Beraisa - R. Eliezer son of R. Yosi ha'Galili): "Lintos Acharei Rabim Lehatos" - we must make a Beis Din that leans (that there is always a majority, i.e. there are an odd number of judges).
(g) Answer #1: Yes - he holds like R. Yehudah, who says that the Great Sanhedrin has 70 judges.
1. (Mishnah): The Great Sanhedrin has 71 judges;
2. R. Yehudah says, it has 70.
(h) Objection: R. Yehudah only says that regarding the Great Sanhedrin, he learns from a verse - we have no source that he permits a regular Beis Din with an even number of judges!
1. Suggestion: Perhaps we do not distinguish between the Great Sanhedrin and smaller Batei Din.
2. Rejection (Mishnah - R. Shimon): Three judges are needed for Semichah of judges and for the beheaded calf;
3. R. Yehudah says, five are needed.
4. Question: What is R. Yehudah's reason?
5. Answer: "V'Somechu" teaches two judges, "Ziknei" teaches two judges, a Beis Din cannot have an even number of judges, so we add a fifth.
(i) Answer #2: R. Yoshiyah holds like R. Yehudah, and says a larger Chidush;
1. R. Yehudah only said that the Great Sanhedrin can have an even number of judges, R. Yoshiyah says this even regarding smaller Batei Din.
(j) Question: What does he learn from "Lintos"?
(k) Answer: He applies it to a Sanhedrin judging a capital case, it cannot have an even number of judges.
(l) Question: Does he really say that Batei Din for monetary cases can have an even number of judges?!
1. (Mishnah): If two judges say that he is innocent, one says that he is guilty - he is innocent;
2. If two say that he is guilty, one says that he is innocent - he is guilty;
3. If R. Yoshiyah learns from verses that three judges are needed, all three must agree to make a verdict!
(m) Answer: No - a Kal va'Chomer teaches, we follow the majority:
1. Even regarding capital cases, we follow the majority, all the more so in monetary cases!
(a) (Beraisa): Three judges are needed for monetary cases;
(b) Rebbi says, five judges are needed, so there will be a majority.
(c) Objection: Even with three judges, there will always be a majority!
(d) Answer: He means, we need five judges in order that at least three will agree to the verdict.
(e) Inference: He holds that the three judges learned from verses must agree to make a verdict.
(f) Objection (R. Avahu): If so, the Great Sanhedrin should require 141 judges, so 71 will agree to the verdict, and a small Sanhedrin should need 45, so 23 will agree!
1. Rather, you must say, "Esfah Li Shiv'im Ish" - it suffices to gather 70 (and one, we are not concerned how many agree to the verdict); "V'Shofetu ha'Edah... V'Hitzilu ha'Edah" - we only care about how many judges deliberate;
2. Likewise, "V'Nikrav Ba'al ha'Bayis El ha'Elohim" - the concern is how many judges he approaches (not how many agree to the verdict).
(g) (R. Avahu): Rather, Rebbi learns from "Asher *Yarshi'un* ha'Elohim", the plural form teaches two judges;
1. Likewise, "Ad ha'Elohim Yavo Devar Shneihem" teaches two judges (we do not expound the first occurrence);
2. A Beis Din cannot have an even number of judges, so we add a fifth.
(h) Chachamim argue, because "Yarshi'un" is written missing a 'Vov', as if it was the singular 'Yarshi'an'.
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