Sanhedrin 5: לָאו מִינַּיְיכוּ נְקִיטְנָא רְשׁוּתָא

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Our Gemara reports that there was an existing tradition in both Israel and Bavel that someone who wanted to rule as a judge would need to receive permission from the head of the community – the Resh Galuta (Exilarch) in Bavel and the Nasi in Israel.

Once such permission was granted, even if the judge erred in his decision, he would not be personally responsible for paying for the mistake.

We explore the impeachment process for judges and its historical progression from the era of judges.

Sanhedrin 4: יֵשׁ אֵם לַמָּסוֹרֶת,vs יֵשׁ אֵם לַמִּקְרָא

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In our daf the Gemara brings Rabbi Yitzḥak bar Yosei who quotes Rabbi Yoḥanan as explaining that Rabbi Yehuda HaNasi’s understanding of the passage is based on the fact that he believes yesh em la-mikra – that when interpreting a pasuk we emphasize the way it is read (its vocalization) rather than the way it is written. The other position would be yesh em la-masoret – that what is important for interpreting the pasuk is the tradition that we have regarding the way it is written.

We explore the notion of morality independent of halachic norms and courts.

Sanhedrin 3: עֲשֵׂה לְךָ בֵּית דִּין נוֹטֶה

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The first Mishna in Massekhet Sanhedrin (2a) taught that for simple cases of monetary matters the appropriate court is made up of three judges. Several sources are offered by the Gemara for this number of judges. According to Rabbi Yonatan, the repeated use of the word elohim in Shemot 22:8 indicates that we need two judges. We do not want to have an even number of judges, since we want to allow court decisions to be made based on a majority ruling, so we add a third judge to the bench.

We explore the concept of majority rule in halacha.

Sanhedrin 2: συνέδριον

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According to the Meiri, Massekhet Sanhedrin should be placed first in the Order of Nezikin – damages. The logic behind this order is that it seems appropriate to place the rules regulating the appointment and establishment of judges prior to those tractates whose focus is the laws that the judges will apply to different cases. Nevertheless, the accepted order of the tractates has Massekhet Sanhedrin following Massekhet Bava Batra, whose final Mishna (see Bava Batra daf 176) closes with the statement made by Rabbi Yishmael who recommended that anyone who wants to develop his intelligence should study the monetary laws. Thus, the first Mishna in Massekhet Sanhedrin begins with the words dinei mamonot – “the monetary laws.”

We begin our new masechta with a review of Rabbinic legal court structures.

Bava Batra 176: וַהֲלָכָה כְּמוֹתוֹ אַף בְּחָנוּק

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On our daf, the last page of Bav Basra, the Gemara brings Rabba bar bar Ḥana who quotes Rabbi Yoḥanan as saying that Rabbi Yishmael may have offered praise to Ben Nannas, but that that halakha follows Rabbi Yishmael’s position. In fact, Rabbi Yaakov quotes Rabbi Yoḥanan as saying that Rabbi Yishmael disagreed with Ben Nannas even in the case of the choking lender in the marketplace. Thus, Rabbi Yishmael’s position was that an arev can fully commit himself to guarantee someone’s loan, even if it is not at the time that the loan was made. Such a guarantee, however, cannot create a lien on his property.

We end the masechta with Amnon Bazak’s redaction of the talmud and Jeremy Weider’s academic study of talmud . We end with Ben Zion Booker’s theology of Talmud.

Bava Batra 175: הָרוֹצֶה שֶׁיַּחְכִּים – יַעֲסוֹק בְּדִינֵי מָמוֹנוֹת

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A new mishnah recounts : if someone lends money to his friend in a loan document, he can collect from encumbered properties. If he lends money to his friend with witnesses (but not in a document), he may (only) collect from unencumbered properties. If someone (the lender) produced another person’s handwriting (the borrower’s) agreeing that he owes money to him, the lender can collect from unencumbered properties.

If, however, the loan was made in front of witnesses, but no note was written, then repayment can only be made from property that the borrower is still holding.

as an aside Rabbi Yishmael said: One who wants to become wise should engage inthe study of monetary law, as there is no greater discipline in the Torah, and it is like a flowing spring.

we explore the history of talmud with the help of Ben Zion Booker’s analysis.

Bava Batra 174: סַלְּקֵיהּ רַב חָנִין

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Rav Chuna states that a person can become an arev, a guarantor, or a kablan, a third-party payer if he contracts himself to be in these roles. The rabbis attempt to differentiate between a loan guarantor and a third-party payer. A case is presented to illustrate further.

The rabbis argue about whether or not the father-in-law was a kablan or perhaps an arev. They debate whether as an arev or a kablan they were obligated for a ketuba. The Gemara debates who benefits from such a transaction and whether anyone, including the wife, is disadvantaged by this situation. They determine that the transaction would benefit everyone, and it is permitted in this case.

We explore the laws of arrives and kablan including examples from US law.

Bava Batra 173: גַּבְרָא אַשְׁלֵימְתְּ לִי, גַּבְרָא אַשְׁלֵימִי לָךְ

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The Mishna on our daf focuses on the role of an arev – someone who agrees to guarantee a loan. According to the Mishna, although the arev agreed to be responsible for the loan, nevertheless the lender cannot collect from him without first trying to collect from the borrower. In a case where the lender states clearly at the time of the loan that he wants to collect from either one of them, then he has the right to do so. Rabban Shimon ben Gamliel disagrees, ruling that in any case the lender must first collect from the borrower.

We examine the Halacha of insurance and the Gafni's review of Jeffrey Rubinstein’s works on Talmud history.

Bava Batra 172: שְׁנֵי אַחִין – אֶחָד עָנִי וְאֶחָד עָשִׁיר

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When collecting a debt based on producing a promissory note, how clear and transparent must the names in the document be?

The Mishna on our daf teaches that if there are two people in a city who share the same name – the example suggested is “Yosef ben Shimon” – they cannot produce a promissory note on each other, nor can anyone else demand payment from one of them based on a note in which his name appears.

In a case where there are two brothers, one poor and one rich, and their father left them a bathhouse or an olive press as an inheritance, if the father had built these facilities for profit, i.e., to charge others for using them, the profit that accrues after the father’s death is shared equally by the two brothers.

We explore the Grimm Fairy Tale of the two brothers and a folklore analysis of the same tale in antiquity.

Bava Batra 171: מַאן יָהֵיב לַן מֵעַפְרֵיהּ דְּרַב וּשְׁמוּאֵל

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R ’ Yehudah in a Baraisa rules that a document that was dated on Shabbos or Yom Kippur is valid because it is assumed to be a postdated document and not one that was actually written on Shabbos or Yom Kippur.

Rashbam (1) explains that the document was dated according to the solar calendar and when the corresponding Hebrew date was calculated it was discovered that it coincided with Shabbos or Yom Kippur. This touches upon the issue discussed in the Poskim whether it is permitted for a person to date his correspondence according to the gentile method of calculating the year or not.

We continue our analysis of debts loans and promissory notes ending with Chaim Soloveitchik’s 1194 opus RUPTURE AND RECONSTRUCTION: THE TRANSFORMATION OF CONTEMPORARY ORTHODOXY

Bava Batra 170: אַלִּימֵי לְאַפְקוֹעֵי מָמוֹנָא

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A new mishna states: If someone pays back a partial amount of a debt, Rabbi Yehudah states that a new document should be written with the new amount and exchanged for the old one. Rabbi Yosi says that a receipt should be written.

Rabbi Yehudah noted: If so, it will emerge that the debtor must guard his receipt from mice (for if he loses it, the creditor will be able to collect the debt again)!

The Mishna records that Rabbi Yosei responds by saying that it is appropriate for him to have to guard his receipt, so that the other’s rights will not be infringed upon.

All agree that Rabbi Yosei’s statement refers to the fact that having to write a new promissory note with a smaller loan obligation will be to the detriment of the lender.

We explore the enforceability of beis din laws in the modern era.

Bava Batra 169: אַחְרָיוּת – טָעוּת סוֹפֵר הוּא

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With regard to deeds of buying and selling land, the court may write a replacement document, excluding the guarantee that was in the first document that if the field is repossessed the seller will compensate the purchaser for his loss.

Rafram says: This statement of Rav Naḥman serves to say that the omission of the guarantee of the sale from a document is a scribal error. That is, it is assumed that when one purchases land he expects to have his purchase guaranteed, and that if such a clause is not stated in the document it is presumed to be a mere scribal oversight, and a guarantee is in effect.

We explore tribal errors in bible and talmud.

Bava Batra 168: הוּזְקַקְנוּ לְעֵדוּתָן שֶׁל עֵדִים

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The Mishna on today’s daf describes a case where a borrower pays back part of a loan that he owes, and the lender hands the promissory note to a third party in order to assure the borrower that he will not try to collect the full loan with this note. What will happen if the borrower then tells the third party that if he does not pay off the rest of the loan by a specific date, then the note should be returned to the lender so that he can collect the full value? The Mishna relates that in the event that the loan is not paid in full, Rabbi Yosei rules that the third party should turn the note over to the lender; Rabbi Yehuda holds that he should not.

The Gemara explains that this difference of opinion is a question of whether asmakhta kanya or not.

We examine the asmachta and the halachic authority of the Rabbis.

Bava Batra 167: כל מַעֲשֵׂה בֵּית דִּין – אֶלָּא מִדַּעַת שְׁנֵיהֶם

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Steinsaltz Writes:

When a legal document is drawn up to attest to a loan or a business transaction, which of the two parties pays the cost of the scribe?

Logically it would make sense to say that the individual who will benefit from having a clear legal record of the transaction should pay the costs. Thus, the lender, who will need this documentation in order to collect the debt, would appear to be the one who should pay.

According to the Mishna, it is the borrower who will pay the scribe’s wages, similarly it is the purchaser who will pay for the receipt to be written. In other cases where a contract or legal document needs to be written, we find:

That the husband will pay the costs of a shetar kiddushin – a marriage document

That the sharecropper will pay the costs of the tenant agreement

That both parties will share the expense when they have a court case.

We review Rav Taragin’s analysis of the function of names in the get….

And Daniel Boyarin’s original claim of the crucial role of the stammaists in shaping the rhetoric of the bavli.

Bava Batra 166: וְעָמְדוּ קִינִּים בִּירוּשָׁלַיִם

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The rabbis continue to discuss interpretations of ambiguous statements that are written in documents. How should that lack of specificity be understood? Examples include one who says that they have a vague amount of money and whether that amount refers to gold, silver, or other coins.

Basic economic theory teaches that prices rise and fall based on supply and demand. The Gemara on our daf illustrates how this was known to the Sages of the Mishna, who applied that rule to assist people who brought sacrifices in the Temple.

Our Gemara quotes a Mishna in Massekhet Keritot (8a) that teaches that in a case where a woman miscarried a number of times – so that it is unclear whether or not she is obligated to bring the sacrifices – she should bring just one. Given the prohibition against bringing unnecessary sacrifice in the Temple, we want to minimize the number of such sacrifices that are brought.

The Mishna continues, teaching that a woman who had five live births will be obligated to bring five sacrifices; after the first one, however, she will already be permitted to partake of kodashim. The Mishna relates that once the prices of the doves brought for these sacrifices rose in price to a golden dinar and Rabban Shimon ben Gamliel swore that he would act to lower the prices immediately. Recognizing that the rise in prices stemmed from the many women who came to bring multiple sacrifices, he went to the study hall and taught that even someone who had many births was only obligated to bring a single sacrifice, and the prices fell.

We explore price manipulation ad unfair competition in Halacha.

Bava Batra 165: אֵין פָּחוֹת מִדִּינָר דְּהַב

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The Gemora cites a braisa: If it was written, “Silver,” it signifies that he has a claim of no less than a silver dinar. “Silver dinarim” or “dinarim silver” signifies a claim of no less than two silver dinarim. “Silver in dinarim” signifies a claim of silver for no less than two gold dinarim. The Master had said: If it was written, “Silver,” it signifies that he has a claim of no less than a silver dinar.

We explore coinage in antiquity.

Bava Batra 164: אֶלָּא אֲבַק לָשׁוֹן הָרַע

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According to Jewish law, are there limitations on the praise that a person is allowed to heap on his friend?

This issue comes up as part of a discussion about documents that were either poorly – or else well – written.

Rabbi [Yehuda HaNasi] received a get mekushar (see above – daf 160) and he could not locate the date. His son, Rabbi Shimon, suggested that it may have been “swallowed up” by the folds of the document. Rabbi unfolded the document and found the date. Rabbi Shimon then realized that Rabbi was peering in at him and he understood that his father assumed that he had written it incorrectly. Rabbi Shimon defended himself by saying that he had not written the document, rather it was written by Rabbi Yehuda the Tailor. Rabbi became upset with his son and told him that he should avoid telling stories that involved lashon ha-ra (evil tidings).

We explore the notion of “avak loshen horah.”

Bava Batra 163: סָהֲדֵי אַטְּיוּטָא הוּא דַּחֲתִימִי

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Our dad continues the sugya that legal documents needed to be signed by witnesses in order to ensure their accuracy and validity. Even signed documents, however, may be compromised, if they are signed in a way that will lead to questions or confusion.

The rabbis continue to debate the end of a valid document. They have determined that a forgery or another addition could be written on two extra lines of a document after it has been signed. Thus a document is invalidated if there are two or more lines left blank at the end of a document. So how must a document end? How must a document be signed?

we enter the filed of talmud scholarship with Moulie Vidas’ work who offers an alternative vision of the Talmud’s editors, rejecting Halivni’s claim that they were faithful traditionalists as well as Neusner’s that they were fully autonomous authors. In both extremes, Vidas notes, “The Talmud’s creators... do not claim an identity or voice of their own, distinct from that of their traditions.” Neither, Vidas argues, does justice to the stratigraphic feel of the text, the impression it gives of being the product of both a single tradition and of multiple times and places.

For Vidas, by contrast, the Talmud’s editors fashion literary structures precisely so as to sharply differentiate their own, anonymous voices from the traditions they inherit.

Bava Batra 162: הִרְחִיק אֶת הָעֵדִים שְׁנֵי שִׁיטִין

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The Gemara on our daf presents a baraita that teaches that if the witnesses did not sign immediately after the text of the document, i.e. if two lines or more were left blank, the document is no longer trustworthy.

On the other hand, if there are four or five signatures on the document, even if one of them turns out to be disqualified as a witness – e.g. he was found to be related – the document may, nevertheless, be accepted if it can be affirmed based on the other, reliable signatures.

In the case of a legal document, we cannot assume that everyone who signed had the intention to testify. It could be that additional names were added simply to fill in the empty space, to honor the guests or because one of the parties insisted that everyone in the room sign their names.

We explore the literary concept of poetics in legal narratives as well as the shaping of Judaism in the hellenistic period.

Bava Batra 161: לָא חֲצִיף אִינָשׁ לְשַׁוּוֹיֵהּ לִשְׁמֵיהּ דַּאֲבוּהּ

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When witnesses sign legal documents, what must they write so that their signatures will be recognized and confirmed?

According to the Mishna in Massekhet Gittin (87b), a person can write ben ish ploni ed – “the son of so-and-so, witness” – and that will suffice to identify the person. Similarly according to that Mishna, someone who simply signs his first name will also be recognized as a witness.

We revisit the notion of patronymics and review the history of surnames among Jews and other cultures.