POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Sanhedrin 29
1) SOMEONE WHO IS NO LONGER RELATED
(a) After Mar Ukva's wife died, her brothers came in front of
for Mar Ukva for judgment.
2) FRIENDS AND ENEMIES
(b) Mar Ukva: I cannot judge your case.
(c) Her brothers: You think that the Halachah follows R.
Yehudah - we will bring a letter from Eretz Yisrael
saying that the Halachah does not follow R. Yehudah!
(d) Mar Ukva: I did not disqualify myself because we were
related, rather because I know that you do not comply
with the verdict.
(a) (Mishnah): A close friend - this refers to a Shushbin.
3) INTERROGATION OF WITNESSES
(b) Question: For how long is he disqualified?
(c) Answer #1 (R. Aba): He is disqualified during the week of
festivities after the Nisu'in.
(d) Answer #2 (Rava): He is only disqualified the day he
(e) (Mishnah): An enemy - this is one who did not speak to
him for three days on account of hatred.
(f) (Beraisa): "V'Hu Lo Oyev Lo" - he can testify for him;
"V'Lo Mevakesh Ra'aso" - he can judge him.
(g) Question: This is the source for an enemy - what is the
source for a close friend?
(h) Answer #1: We read this as if it said 'He does not hate
nor love him' - he can testify for him; 'He does not seek
his harm or benefit' - he can judge him.
(i) Objection: The verse does not mention loving him!
(j) Answer #2: Reasoning teaches this - an enemy is
disqualified because he dislikes him (this biases his
judgment), likewise a close friend is disqualified
because he likes him!
(k) Question: How do Chachamim (who Machshir enemies and
friends for testimony) expound?
(l) Answer: They disqualify from judging, like R. Yehudah;
the other part of the verse teaches R. Yosi b'Rebbi
1. (Beraisa - R. Yosi b'Rebbi Yehudah): V'Hu Lo Oyev Lo
v'Lo Mevakesh Ra'aso" - this teaches that two
Chachamim that hate each other may not sit on a Beis
(a) (Mishnah): To interrogate witnesses, we bring them into a
room and threaten them.
4) A PROPER ADMISSION
(b) Everyone leaves except for the most important witness. We
ask him: how do you know that Reuven owes Shimon?
1. If he says 'Reuven himself told me', or 'Ploni told
me', this is not testimony;
(c) We bring in the second witness and interrogate him.
2. He must say 'Reuven admitted to Shimon in front of
us that he owes him 200'.
(d) If their testimonies match, the judges debate the matter:
1. If two decide that he is exempt and one says Chayav,
he is exempt;
(e) If one is undecided, even if the other two decide the
same way (exempt or Chayav), we add more judges.
2. If two decide that he is Chayav and one says exempt,
he is Chayav;
(f) When they finish deciding, they bring them (this will be
explained) in; the greatest judge says 'Ploni, you are
Chayav; Almoni, you are Zakai'.
(g) Question: What is the source that afterwards, a judge may
not tell Ploni 'I wanted to acquit you, but they
(h) Answer: "Lo Selech Rachil b'Amecha" (some texts - "Holech
Rachil Megaleh Sod").
(i) (Gemara) Question: What do we say to threaten them?
(j) Answer #1 (Rav Yehudah): "Nesi'im v'Ru'ach v'Geshem Ayin
Ish Mishalel b'Matas Sheker" (false testimony can cause a
(k) Objection (Rava): Perhaps they know a trade, and are not
concerned if there will be a famine!
(l) Answer #2 (Rava): "Mefitz v'Cherev (a club and sword,
i.e. rampant death results from)...Ed Sheker".
(m) Objection (Rav Ashi): Perhaps that does not scare them,
they think that people only die when their (predestined)
(n) Answer #3 (Rav Ashi): We tell them that false witnesses
are a disgrace in the eyes of those who hire them -
"V'Hoshivu Shnayim Anashim Benei Bli'ya'al" (the ones who
hire them call them worthless).
(a) (Mishnah): If he says 'Reuven himself told me'...He must
say 'Reuven admitted to Shimon in front of us that he
owes him 200'.
(b) This supports Rav Yehudah.
1. (Rav Yehudah): An admission is valid only if he said
'You are witnesses against me'.
(c) Version #2 (our text): R. Chiya bar Aba taught similarly.
2. Version #1 (Rif): R. Chiya bar Aba taught the same
1. (R. Chiya bar Aba): If Reuven admitted to Shimon
that he owes him 100, and tomorrow he says 'I was
only joking', he is exempt. (End of Version #2)
(d) Question: Why is the law of a Mesis different?
2. Support (Beraisa): If Reuven admitted to Shimon that
he owes him 100, and tomorrow he says 'I was only
joking', he is exempt;
3. Further: Shimon hid witnesses in back of the fence,
and Reuven admitted to Shimon; Shimon asked 'Would
you like to admit in front of Ploni and Almoni, and
Reuven said 'No, I fear that they will take me to
i. If tomorrow Reuven says 'I was only joking', he
4. We do not suggest claims to a Mesis (enticer to
5. Question: We were not discussing a Mesis!
6. Answer: The Beraisa is abbreviated, it means as
follows if Reuven did not claim that he was joking,
we do not claim for him;
i. In capital cases, even if he does not claim for
himself, we suggest claims to exempt him;
ii. We do not suggest claims to a Mesis.
(e) Answer (Rav Chama bar Chanina): The Torah says "Lo
Sachmol v'Lo Sechaseh Alav".
1. (R. Shmuel bar Nachman): We learn from the serpent
(that enticed Chavah) that we do not suggest claims
to a Mesis.
(f) (Chizkiyah): We learn from Chavah that one who adds will
come to detract - "Amar Elokim...v'Lo Sig'u Bo Pen
Temusun" (she did not die from touching it, so she ate
2. (R. Simla'i). The serpent could have made many
claims, but it did not;
i. Hash-m did not claim for it, because we do not
claim for a Mesis.
3. Question: What could it have claimed?
4. Answer: One must listen to the Rebbi, not the Talmid
(Chavah is to blame for listening to it).
(g) (Rav Mesharshiya): We learn from "Amasayim (two Amos)" -
if one removes the 'Aleph', it reads 'Ma'asayim (200)'.
(h) (Rav Ashi): We learn from "Ashtei Erseh (11)" - if one
removes the 'Ayin', it reads 'Shtei Esreh (12)'.
(i) (Abaye): Reuven is exempt only if he claims that he was
joking, but it he denies having admitted, he is
established to be a liar, he is Chayav.
(j) (Rav Papa brei d'Rav Acha bar Ada): A person does not
remember meaningless things (perhaps he was joking, and
forgot the matter, therefore he is exempt).
5) MAY WE WRITE AN ODISAH?
(k) Levi hid witnesses in back of curtains around the bed and
claimed 100 from Yehudah; Yehudah admitted.
1. Levi: May the waking and sleeping be witnesses?
(l) (Rav Kahana): He did not want them to be witnesses (so he
2. Yehudah: No.
(m) Reuven hid witnesses in a grave and claimed 100 from
Yehudah; Yehudah admitted.
1. Levi: May the living and dead be witnesses?
(n) (Reish Lakish): He did not want them to be witnesses (so
he is exempt)!
2. Yehudah: No.
(o) (Ravina): Rav Yehudah taught that he must say 'you are
witnesses' for the admission to be valid - from the above
episodes, we learn that it suffices for the lender to say
it and the borrower to be silent;
1. He was exempt because he said 'No', had he been
silent, he would have been Chayav!
(p) Reuven had a reputation that he owed many people. He
said, 'I owe Ploni and Almoni'; they claimed from him in
1. Rav Nachman: It is normal for a person to falsely
claim that he owes money, so people will not think
he is rich.
(q) Shimon had a reputation that he was a rich miser. Just
before he died, he said, 'I owe Ploni and Almoni'; they
claimed from his heirs.
1. R. Yishmael b'Rebbi Yosi: *In his lifetime* a person
will falsely claim that he owes, lest people will
think he is rich, but not when he is dying!
2. The heirs paid half; Ploni and Almoni claimed the
other half from them in R. Chiya's Beis Din.
3. R. Chiya: Just as a person does not want people to
think that he is rich, he does not them to think
that his sons are rich (perhaps it was a false
4. The heirs: we should get back the half we paid!
5. R. Chiya: The Chacham (R. Yishmael b'Rebbi Yosi)
already ruled (they need not return the money).
(a) If Shimon admitted in front of two witnesses, if they
made an acquisition, the witnesses may write a document;
if not, not.
(b) (Rav): If he admitted in front of three, even if they did
not make an acquisition, they may write (for they are a
Beis Din, they even have the power to make Hefker).
(c) (Rav Asi): They may not write.
(d) A case occurred; Rav was concerned for Rav Asi's opinion.
(e) (Rav Ada bar Ahavah): Sometimes we write Odisah (an
admission in front of three without an acquisition),
sometimes we do not:
1. If the three were already sitting, he did not make
them a Beis Din, they are only like witnesses, they
do not write;
(f) (Rava): Even if he gathered them, they do not write
unless he said 'You should be judges'.
2. If he gathered them, he made them a Beis Din, they
(g) (Mar bar Rav Ashi): Even if he gathered them and said
'You should be judges', they do not write unless they had
a fixed place and summonsed the borrower to Beis Din.
(h) If Reuven admitted to Metaltelim, they may write only if
they made an acquisition;
(i) Question: What is the law if he admitted to land?
(j) Answer #1 (Ameimar): They may not write.
(k) Answer #2 (Mar Zutra): They may write.
(l) The Halachah is, they may write.
(m) Question (Rav Dimi bar Rav Huna): What is the law if he
admitted to Metaltelim in his possession?
(n) Answer #1 (Ravina): They are considered like land.
(o) Answer #2 (Rav Ashi): Since the receiving party has not
yet collected the property, they may not write.
(p) (Abaye and Rava): If a (document of) Odisah did not say
'(The giver) said 'Write, sign and give it to him', Reish
Lakish's Chazakah applies.
1. (Reish Lakish): We have a Chazakah that witnesses
would not sign a document unless the seller is old
enough (to sell land, 20 years old).
(q) Objection (Rav Papa): Many judges do not know (whether or
not we write an Odisah made in front of two people if no
acquisition was made), can we assume that all scribes
2. (Similarly, witnesses would not sign an Odisah
unless the giver said 'Write, sign and give it to
him', surely the scribe merely omitted writing
1. They asked the scribes of Abaye and Rava - they knew