Sanhedrin 25: מַאי מַפְרִיחֵי יוֹנִים

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The Mishna on yesterday’s daf listed people who are disqualified as witnesses in a Jewish court, because they are involved in activities that are forbidden by the Sages. Included in the list were mafriḥei yonim – “people who make birds fly.”

Why are those who fly pigeons not permitted to be judges? First we are told that this is because they are actually racing pigeons for money. Then it is suggested that this is because they have trained pigeons to find and bring back other pigeons. But is this actually stealing?

Pigeons choose where to roost. They are not property that can be contained. Even though people might make money from these transactions, like gamblers, the pigeons are making up their own minds about where to go.

We explore the history of racing pigeons/doves.

Sanhedrin 24: וְאֵלּוּ הֵן הַפְּסוּלִין: הַמְשַׂחֵק בְּקוּבְיָא

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The Mishna on our daf lists people who will not be accepted as witnesses in a Jewish court, because they are involved in monetary shenanigans that are forbidden by the Sages.

These people include dice players, money lenders who take interest, people who gamble on pigeon races, and those who market produce from the Sabbatical year. Rabbi Yehuda says: ba-meh devarim amurim – “under what circumstances is this rule taught?” When this is their livelihood.

If a person has another occupation and participates in these activities only occasionally, then he still could be trusted as a witness in court.

Sanhedrin 23: זֶה בּוֹרֵר לוֹ אֶחָד וְזֶה בּוֹרֵר לוֹ אֶחָד

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Perek II begins with a new Mishna. It teaches that in cases of monetary law, three judges must be chosen where each litigant chooses one judge and then they agree on the third or those two judges choose the third. Perhaps judges can be disqualified, particularly if they are not qualified to judge or if they are a relative of the litigant. There is also the question of whether or not one litigant can disqualify the others' witnesses.

We explore court jurisdictions and powers.

Sanhedrin 22: וַתָּבֹא בַת שֶׁבַע אֶל הַמֶּלֶךְ הַחַדְרָה

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The rabbis discuss marriage and divorce. King David was permitted to be alone with Avishag. Was this because he was weak? He was not permitted to divorce one of his wives so that so that he could marry Avishag. Rabbi Yochanan states that a wife dies only if a man cannot pay what he owes. He also teaches that if a man's first wife dies, it is like the Temple was destroyed in his lifetime.

Rabbi Alexander says that the world darkens for a man whose wife dies. Rabbi Yosi bar Chanina says that his step gets shorter. Rabbi Avahu says that his advice will not be valuable. Rabba bar bar Chana changes the topic, turning to the difficulty of matchmaking: it is as difficult as splitting the sea. Rav Yehudah taught about the creation of new people: forty days before a fetus is formed, a Heavenly voice announces a new match. Rabbi Shmuel bar Nachman teaches that everything has a substitute except for the wife of one's youth. Rav Yehudah tells us that one feels contented only with his first wife.

We explore various topics on the subject of matchmaking and marriage.

Sanhedrin 21: פִּלַגְשִׁים – בְּלֹא כְּתוּבָּה וּבְלֹא קִידּוּשִׁין

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Our last Mishna taught that a king may not have too many wives. But what does this mean? It is understood to mean that a king must limit himself 18 wives. Rabbi Yehuda said that he could have more as long as they did not divert his heart from God. Rabbi Shimon said that he does not marry even one who would divert his heart from G-d. Avigail was said to be a good influence in this way, but even she should not be a wife if she diverts the king from God.

The Gemara attempts to understand why 18 is the number of wives allowed by looking at King David's wives.

In explanation of the pasuk‘s reference to nashim (wives) and pilagshim (concubines), Rav Yehuda quotes Rav as explaining that nashim are properly married with ketuba and kiddushin, while pilagshim have neither ketuba nor kiddushin.

We explore concubinage and the character of Abigail.

Sanhedrin 20: שׂוֹם תָּשִׂים עָלֶיךָ מֶלֶךְ

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Jewish law recognizes the unique position of the King, who has special laws and dispensations that apply only to him. Does the halakha view the institution of a Jewish monarchy as the ideal state of affairs for governing the Jewish people?

The Gemara discusses the verses in Sefer Shmuel I (ch. 8) which describe the appointment of a Jewish king. When the nation asked that a king be appointed over them, the prophet Shmuel told them that they did not realize how much power the king would wield over them, and he warned them of the king's many harsh powers, such as the ability to take away their children forcibly to serve him.

The Gemara cites a dispute between the Amora'im, who argue about whether the king indeed all of the powers has mentioned by Shmuel, or whether Shmuel mentioned them only to frighten the Jewish people and deter them from their request.

Sanhedrin 19: ינאי המלך, עמוד על רגליך

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The Gemara on our daf clarifies that the limitation on being judged does not apply to Jewish kings from the Davidic monarchy; it only applies to other kings. The fact that kings from King David’s family do judge is based on a clear passage in Sefer Yirmiyahu (21:12) that charges those kings with meting out justice and protecting the oppressed in the courtroom.

The Gemara relates further that the law limiting a Jewish king who is not from the House of King David from being judged or acting as a judge is based on a story that took place with King Yannai.

We examine the literary production of this legend from its textual forebears in Midrash and Josephus.

Sanhedrin 18: איהו היכי דיין

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The second perek of Massekhet Sanhedrin begins on our daf.

Entitled Kohen Gadol, this chapter focuses on some of the unique laws affecting the High Priest and the anointed King of Israel.

The general principle in Jewish law is that all are equal before the law, as evidenced by the passage that forbids a judge from recognizing the higher status of any person (see Vayikra 19:15).

We explore the the oration of Moshe Rabbeinu in Devorim.

Sanhedrin 17: בקלפי נשתיירו

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Moshe is commanded to choose 70 elders, and the Gemara explains that including Moshe we find 71 judges in the group.

Our Gemara continues and explains the process that took place when Moshe chose the elders, and specifically the enigmatic story regarding two of the elders – Eldad and Medad – who, according to the Torah (see Bamidbar 11:26-29) remained removed from the rest of the group, and nevertheless prophesied in a manner that brought Yehoshua to demand that they be shut up.

We explore the curious history of unauthorized prophecy.

Sanhedrin 16: לכו פשטו ידיכם בגדוד

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The rabbis then consider how many judges are required to grant smicha to other judges. It was understood that three judges were needed, but the rabbis cannot find a proper proof text for this custom. In their search for the origin of this practice, the rabbis find proofs for other possible numbers of judges.

According to the Mishna, among the ceremonies that require the participation of three judges is semikhat zekenim – rabbinic ordination.

In searching for a source for this requirement, Abaye points out a difficulty – if the source is the passage (Bamidbar 27:23) where Moshe lays his hands on Yehoshua to declare him his successor, then it would appear that a single judge would suffice. And if we saw that Moshe embodies the Sanhedrin and is considered the equivalent of its 71 members, then we should need a full Sanhedrin to confer rabbinic ordination.

We explore the ordination process then and now.

Sanhedrin 15: שור סיני בכמה

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According to the Mishna (2a) all capital crimes are judged by a court of 23. The Mishna continues and teaches that when an ox gores and kills a person, the ox will be taken before a court of 23 who will pass judgment on the animal and kill it if it is found to be responsible for the person’s death.

Rather than decreeing a death penalty on someone whose ox killed a person, this pasuk is understood to teach that the ox will be tried in the same manner as a person would be tried, under these circumstances.

We explore the history of animal trials in antiquity and more recently.

Sanhedrin 14: אין נסמכין לבית עלי

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We are told about how judges were appointed when “the wicked kingdom of Rome issued decrees of religious persecution against the Jewish people”.

The rabbis understood that in an attempt to interrupt the internal justice system of the Jews, it was declared that anyone who ordained a judge, who was ordained, who was in that city would be destroyed; the boundaries of that city would be destroyed. Rabbi Yehuda ben Bava found a place between Usha and Shefar’am – a desolate area – where he ordained Rabbis Meir, Yehuda, Shimon, Yosei and Elazar. This is used as proof that one rabbi can ordain a judge.

Sanhedrin 13: סמיכת זקנים

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The rabbis then consider how many judges are required to grant smicha to other judges. It was understood that three judges were needed, but the rabbis cannot find a proper proof text for this custom. In their search for the origin of this practice, the rabbis find proofs for other possible numbers of judges.

According to the Mishna, among the ceremonies that require the participation of three judges is semikhat zekenim – rabbinic ordination.

In searching for a source for this requirement, Abaye points out a difficulty – if the source is the passage (Bamidbar 27:23) where Moshe lays his hands on Yehoshua to declare him his successor, then it would appear that a single judge would suffice. And if we saw that Moshe embodies the Sanhedrin and is considered the equivalent of its 71 members, then we should need a full Sanhedrin to confer rabbinic ordination.

We explore the ordination process then and now.

Sanhedrin 12: וביקש רחמים על עצמו

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Our Rabbis taught in a braisa: We may not intercalate a year because of tumah. [Even if it should involve the risk of offering the Pesach sacrifice in tumah; e.g., if the Nasi were dangerously ill, and it was judged that he would die less than a week before Pesach, in which case the community, by attending the funeral in his honor, would become tamei.]

Rabbi Yehudah said: We may intercalate. Rabbi Yehudah observed: It once happened that Chizkiyah king of Yehudah declared a leap year because of tumah, and then prayed for mercy, for it is written: For the multitude of the people, even many of Ephraim and Menasheh, Issachar and Zevulun had not cleansed themselves, yet did they eat the Pesach sacrifice otherwise than it is written: for Chizkiyah had prayed for them, saying: May the Lord in His goodness pardon everyone.

We explore the reign of Hezekiah.

Sanhedrin 11: מהיכא גמיר לה? משמואל הקטן

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Steinsaltz writes "Gatherings of the Sages in various lofts or attics – in the aliya, or the second story of the houses at that time – are mentioned on many occasions throughout the Talmud.

It appears that such meetings were arranged when the Sages wanted to discuss a matter privately, or, perhaps, even secretly. One example is the decision to add a “leap month” to the calendar, something that was always done privately with specifically invited guests. Others are things that could not be discussed publicly because of political ramifications.

Shmuel HaKatan was one of the tanna’im who lived during the period of the destruction of the second Temple. The source for his title as HaKatan (the small one) is unclear. It may refer to his modesty, or, perhaps, to the claim that he was only slightly “smaller” – i.e. inferior – to the biblical Shmu’el.

we explore the 4th perek of AVot attributable to this second generation Tanna.

Sanhedrin 10: וּמַאי עִיבּוּר? חִישּׁוּב דְּעִיבּוּר

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As we learned in the first Mishna in Massekhet Sanhedrin, different courts were established to deal with different types of cases, with courts of three, 23 or 71 depending on the case.

One situation where we find a disagreement relates to ibur shana – establishing a leap year in the Jewish calendar. When discussing ibur shana, Rabbi Meir rules that a court of three judges suffices; according to Rabban Shimon ben Gamliel they begin deliberations with three, debate the matter with five, and conclude with seven judges. Nevertheless, if the decision was made with three judges it will also suffice.

We explore the Halacha of ibur hachodesh.

Sanhedrin 9: אֵין אָדָם מֵשִׂים עַצְמוֹ רָשָׁע

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Eight different interpretations are brought to explain what the case in the mishna is where Rabbi Meir and the rabbis debate whether one who claims his wife was not a virgin when they got married (and that she had relations with someone after the engagement) is done in a court of 3 or 23, and what is the issue of their debate.

Can we have a case where false witnesses can incur the death penalty and also incur payment?

Generally speaking, halakha does not allow a person to incriminate themselves.

Based on this rule Rav Yosef teaches that if someone makes a statement that will incriminate him the court will reject the statement in its entirety.

We explore self incrimination in Halacha.

Sanhedrin 8: פְּסִילְנָא לָךְ לְדִינָא

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The gemara extrapolates the verses at the beginning of sefer devarim when Moshe discusses setting up the court system. The gemara learns from here all sorts of laws relating to judges to ensure fair judgments (not showing favoritism, etc. and that the people listen to the courts (implements used by judges for enforcement purposes).

The Torah teaches lo takiru panim ba-mishpat (Devarim 1:17) – literally “do not recognize (respect) faces in judgment.” Rabbi Yehuda understands this to mean that when in court, the judge cannot show favoritism to someone with whom he is friendly. Rabbi Elazar suggests that it means that the judge must treat someone who he does not like as if he does not know him.

We present a variety of essays on fair justice.

Sanhedrin 7: כּל דַּיָּין שֶׁדָּן דִּין אֱמֶת לַאֲמִיתּוֹ, מַשְׁרֶה שְׁכִינָה

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The rabbis continue to argue about whether or not mediation, or compromise, is an optimal goal for judges. It is debated when it is best to suggest compromise within the judging process. Rabbis suggest a number of phrases that serve as analogies regarding disputes. Of note is the rabbis desire to end disputes as early as possible, for conflict escalates when left unattended.

A number of phrases are listed in the Gemara's effort to point out the benefits of working toward peace. Most of these phrases are supported by biblical and other texts.

We consitnue our exploration of the virtues of a judge.

Sanhedrin 6: אֶלָּא אֵיזֶהוּ מִשְׁפָּט שֶׁיֵּשׁ בּוֹ שָׁלוֹם? הֱוֵי אוֹמֵר: זֶה בִּיצּוּעַ

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When two litigants come before the court, what is the best approach? Should the judges insist on hearing the case and deciding it based on the straightforward reading of the law, or should they offer arbitration and try to reach some level of agreement and accommodation?

The Gemora discusses the halachos of p’sharah (a compromise or a settlement that is reached between the two litigants). The Shulchan Aruch (Choshen Mishpat 12:2) praises the Batei Dinim that routinely settle disputes rather than judging them.

The rabbis then discuss differences between judgement, compromise, and mediation.

We explore mediation compromise and ayin tova.