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Sanhedrin 5

SANHEDRIN 5 (Yom Kipur) - sponsored by Hillel Yakov and Elisheva Tzipora Kagan. May they be blessed with a year of Berachah and joy, and may Hashem answer all of their prayers!


(a) (Beraisa): Three judges are needed for monetary cases; a Mumcheh la'Rabim can judge alone.
(b) Rav Nachman (also, R. Chiya): Someone like me can judge monetary cases alone.
(c) Question: Do they mean, because he has learned and can reason, and he has permission (from the Reish Galusa - but without permission, his verdict is meaningless)?
1. Or, does it suffice that he learned and can reason?
(d) Answer: We learn from the following episode.
1. Mar Zutra, the son of Rav Nachman judged a case and erred.
2. Rav Yosef: If the parties accepted you like a judge, you are exempt; if not, you are liable.
3. We conclude, even without permission, his verdict stands (if it was void, what is he liable for?)!
(e) (Rav and Shmuel): If someone wants to judge and be exempt if he errs, he should ask permission from the Reish Galusa.
(f) The following is obvious: permission from the Reish Galusa helps for anywhere in Bavel, permission from the Nasi helps for anywhere in Eretz Yisrael.
1. Also, permission from the Reish Galusa helps for Eretz Yisrael - he has more authority;
i. (Beraisa): "Lo Yasur Shevet mi'Yehudah" - these are the Roshei Galuyos in Bavel, who rule Yisrael with a staff;
ii. "U'Mchokek mi'Bein Raglav" - these are the (Nesi'im, the) descendants of Hillel who teach Torah to multitudes.
(g) Question: Does permission from the Nasi help in Bavel?
(h) Answer: Rabah bar Chanah erred in judgment; R. Chiya said, 'If the parties accepted you like a judge, you are exempt; if not, you are liable.'
1. Rabah bar Chanah had permission from the Nasi - we conclude, this does not help in Bavel.
(i) Question: But when Rabah bar Rav Huna had conflicts with the house of the Reish Galusa, he would say 'I did not get permission from you, rather from my father, who got permission from Rav, and he from R. Chiya, and he from Rebbi!'
(j) Answer: Such permission does not help in Bavel, but they thought it helps, therefore he said this.
(k) Question: If permission does not help, why did Rabah bar Chanah get permission?
(l) Answer: It helps for cities on the border of Bavel that conduct like Eretz Yisrael.
(a) Question: What permission did he get?
(b) Answer: When Rabah bar Chanah was about to go to Bavel, R. Chiya told Rebbi 'My brother's son is going to Bavel'.
1. Rebbi: He may teach Halachos, judge, and permit (blemished) firstborn animals.
2. When Rav was about to go to Bavel, R. Chiya told Rebbi 'My sister's son is going to Bavel.'
3. Rebbi: He may teach Halachos, judge, he may not permit firstborn animals.
(c) Question: Why did R. Chiya call Rabah bar Chanah 'my brother's son', and Rav 'my sister's son'?
1. Suggestion: Perhaps those were their relations to him!
2. Rejection: The sons of Aba bar Acha Karsela of Kafri were Eivo (Rav's father), Chanah, Shila, Marsa and R. Chiya (i.e. Rav was also the son of R. Chiya's brother)!
(d) Answer #1: Rav was his brother's son and also his sister's son; Rabah bar Chanah was only his brother's son.
(e) Answer #2: He called Rav 'my sister's son' on account of his Chachmah - "Emor la'Chachmah Achosi At".

(f) Question: Why didn't Rebbi authorize Rav to permit firstborn animals?
1. Suggestion: He was not such a great Chacham.
2. Rejection: We said that he was a greater Chacham than Rabah bar Chanah!
3. Suggestion: He did not recognize blemishes well enough.
4. Rejection: Rav spent 18 months by shepherds, to understand which blemishes are temporary and which are permanent.
(g) Answer #1: Rebbi wanted to honor Rabah bar Chanah.
(h) Answer #2: Because Rav was so proficient, he would permit blemishes people did not recognize, and they would extrapolate and come to permit similar blemishes which are really temporary.
(i) Question: Rebbi authorized them to teach Halachos - if they are learned, why do they need permission?
(j) Answer: This was decreed after the following episode.
1. Rebbi went to a certain place, he saw that they would allow the dough to become Tamei when kneading (i.e. so the Chalah which will be separated will be Tamei and forbidden); he asked them why they do so.
2. They answered, a Chacham came and expounded that Mei Betza'im (swamp water) does not Machshir (make food susceptible to Tum'ah).
i. Really, the Chacham expounded that Mei *Beitzim* (egg whites) is not Machshir, they misunderstood.
3. They also erred because they heard that water of the Karmiyon and Pugah rivers cannot be sanctified with ashes of the red heifer because it is swamp water: they assumed that likewise, it is not Machshir;
i. This was wrong - it cannot be used, because Mayim Chayim must be put in the vessel (and the mud is a blockage; alternatively, it or interrupts the flow, these rivers are not considered Chayim).
ii. Any detached water is Machshir.
(k) (Beraisa): At that time, they decreed that one may not teach Halachos without permission from his Rebbi.
(l) Tanchum the son of R. Ami came to Chater (a place); he taught that on Pesach it is permitted to wet wheat and immediately grind it.
1. The inhabitants: Your Rebbi, R. Mani of Tzur is here;
2. (Beraisa): A Talmid may not teach Halachos within three Parsa'os of his Rebbi (the length of the encampment of Yisrael in the Midbar).
3. Tanchum: I did not know that he was here.
(m) Version #1 (our text): R. Chiya saw a man in a cemetery; he asked, isn't your father a Kohen? (Even though R. Chiya was a Talmid of Rebbi, who was nearby, he did not refrain from separating someone from (what appeared to be) a transgression.)
(n) Version #2 (Rashi, from Yerushalmi): When Rebbi saw the people kneading in Tum'ah, he also saw a Yisrael in the part of Ako in Chutz la'Aretz. (Chachamim decreed that one who enters Chutz la'Aretz is Tamei Mes.)
1. Rebbi: Isn't your father a Kohen? (End of Version #2)
2. The man: Yes - I am his son from a divorcee (I lack the Kedushah of Kehunah).
(o) Surely, partial permission may be given - Rav received permission, but not to permit firstborns;
(p) Question: May permission be given for a limited time?
(q) Answer: (Yes;) R. Yochanan told R. Shaman 'You have permission until you return (to Eretz Yisrael)'.
(a) (Shmuel): If two judged a monetary case, the verdict stands, just it is called an impudent Beis Din.
(b) Question (Rava - Mishnah): Even if two judges say that he is guilty (or innocent), and the third says 'I do not know', we must add more judges (it is as if the one who does not know is not there).
1. According to Shmuel, even without the third, the judgment of the other two is valid!
(c) Answer: There, because they intended to judge in a Beis Din of three, they must give a verdict with three judges.
(d) Question (Beraisa - R. Shimon ben Gamliel): Judgment requires three judges, compromise requires two judges;
1. Compromise is stronger than judgment in one aspect - if two judges judged, the parties can retract; if they made a compromise, the parties cannot retract.
2. Suggestion: Perhaps Chachamim argue with R. Shimon ben Gamliel.
3. Rejection: R. Avahu taught, all agree that if two judged a monetary case, this is not a judgment!
(e) Answer: R. Avahu is also only an Amora, Shmuel argues with him.
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