Talking Talmud

More on Achan and Joshua... which leads to a comparison between Moses and Joshua -- and Pinchas, in terms of negotiating or litigating before God. Joshua is rebuked for acting brazenly -- yet, he's not alone in challenging God, and usually to good effect. So where is Joshua brazen to the degree of being rebuked? It takes close reading of the verses, which the sages provide. Also, a textual int...

A page with 2 mishnayot! But first - more on the process of capital punishment, and specifically towards execution. Including, for example, who's property is used in putting the culprit to death? Plus, some numbing agent to make the experience less painful. Plus, important women donated that, but the question is who would pay for it, if the women did not come forward? (It seems public funds). So w...

Finishing the 5th chapter, and beginning the 6th, with a discussion of the blessing on the new moon -- a festive time. And a time of sanctification of the months: The is my God, and I will glorify him. Plus, defining what Rosh Chodesh is - the human involvement in calling the month. Also, the last discussion of chapter 5 - on an even vote to acquit, when there aren't the numbers needed for a g...

To be held accountable - and punished - the person doing wrong must receive official warning that the action is wrong, and carries this punishment. An example of adultery -- for a betrothed woman -- is brought, with witnesses who were found to be conspiring witnesses. But they aren't put to death, though she would have been, because they can claim that they were just trying for her to be off-l...

A new chapter, front-loaded with all of the mishnah from the entire chapter. Chapter 5 focuses on the ways the witnesses are investigated, given the huge importance of their testimony, as halakhah doesn't accept circumstantial evidence. The investigation begins with the timing of the event that was supposedly witnessed. Plus, the degree to which disparities between witnesses can be accepted, a...

Another daf of Aggadah - with debates between Rabban Gamliel and the Roman caesar - including his daughter - over various philosophical issues coming out of the Torah. Also, a significant inquiry into whether God rejoices in the downfall of the wicked.

On a busy daf, the discussion turns to the creation of humanity -- beginning with the creation of one man (and only one as the starting point), and each person's individuality. The question of why humanity begins with only one person occupies the Gemara for a while - including the potential arguing or pride or faulting that could happen if there were more than one ancestor of origin. Also, a d...

Two mishnayot! First - a description of how the Sanhedrin sat -- in a semi-circle, so the judges could see each other. Scribes transcribed the arguments. Plus, the hierarchy of the seating, and how the judges would rise through the ranks. Plus, the way the Jewish people would not broach the borders of sin, even when that border is relatively passable, such as hedge of roses. Which is understood as...

A comparison of Moshe Rabbenu to Rabbi Yehudah HaNasi, and then eventually Rav Ashi. The question is what's going on. The court begins deliberations with the lowest in the hierarchy, though elsewhere, the opposite was done. The Gemara posits that temporal leadership and Torah leadership was not found in the same person between Moshe and Rabbi Yehudah HaNasi, but the Gemara also pushes back wit...

There are days when a court won't hear a capital case, because the capital verdict is not allowed to be issued on the same day as the case is heard, deliberated, etc. So, for example, Erev Shabbat (Fridays) and Erev Chag (the day before the night a holiday begins). This is further complicated by the need to carry out a death sentence on the same day as the verdict, rather than leave the convic...

In capital cases, one arguing for conviction can change and argue for acquittal, but not the reverse - if it's before the time of handing down the verdict. But how does this presentation line up with other comparable sources? It seems that judges cannot reverse a decision to acquit. Also, judging a case in day and at night - where monetary cases are begun in the day time. How far is that taken...

Returning to distinctions between monetary cases being tried and capital cases being tried -- what is the procedure for handling new evidence? The mishnah here is contradicted by a mishnah in Bekhorot -- where, here, in Sanhedrin, the case is retried, fundamentally, while in the other mishnah, the judge is responsible for the error. Why so? Also, reversing capital cases -- in the event of convicti...

Chapter 4! Beginning with a cluster of mishnayot -- comparing monetary cases with capital cases. For example - the number of judges, opening arguments, the extent to which are witnesses grilled, the majority for "conviction," the handling of new witnesses, evidence and reversals, and more. Also, delving into the need for investigation and interrogation of witnesses, which leads into the treatment...

A new mishnah! With the dispute over when and how a verdict in the property court can be overturned, with new evidence -- or testimony. Also, forming a court for the sake of establishing the litigation - shouldn't it be done where the litigants are? Don't the costs of travel mitigate against the value of traveling to the specific court? Some flexibility is necessary. Plus, the parties some...

When one who borrowed money admitted that he did so - in less formal circumstances than a court, for example, where the claim is that he has set the money aside because he owes it to so-and-so -- that isn't a legal admission. The Gemara provides a general principle when such an admission would count. Also, we follow Rabbi Yehoshua ben Karcha or an admission with regard to land, but not for mov...

A new mishnah! How the courtroom works - welcoming the witnesses with some scare tactics to make sure that they testify honestly. Note that witnesses are supposed to be designated as such. The judges weigh in, and the proceeding details exactly what needs to happen to rule innocent or guilty -- though each judge is anonymous with regard to the public of the case itself. Plus, the role of an "insti...

Relationship and relationship charts are the essence of most of this daf. What relationships disqualify relatives from testifying against or about a relative? Note that these are all men - as witnesses, though some of the relationships include in-law status via women. And note that these are not the same relationships as the prohibited marriage/yevamot relationships. Also, a "lid on a barrel" - th...

A machloket between Abaye and Rava with regard to conspiring witnesses -- whether such a witness is disqualified from that moment onward, or also retroactively for any previous testimony. Note also that this is one of the rare (6) cases where the Halakhah follows Abaye instead of Rava. Also, the disqualifications based on close family relationships. Plus, another version of the list -- Rabbi Akiva...

More on the disqualified: First, people who use sabbatical produce as merchandise, during a year where the intercalation is done outside of the land of Israel, which itself is unusual. Kohanim were spotted working the land and produce in various ways - and the Gemara attempts to give them excuses that don't involve violating the shemitah rules. But all that produce could be converted to terumah. D...

More on the disqualifying practices - in this case, lending with interest and flying pigeons. With discussion as to whether both borrower and lender are suspect, and whether one can ever be fully rehabilitated. And with discussion as to whether the pigeons are a matter of gambling or theft.

In the context of disqualifying judges, Resh Laskish expresses great respect for Rabbi Meir, despite his unusual opinion. Which deference the Gemara seems to query. So, how did the sages relate to each other? How was Baylonia different? Plus, drawing connections between arrogance and poverty, and the Torah scholars in Babylonia vs. Persia (Elam). Also, a new mishnah: litigants can accept otherwise...

Chapter 3! Returning to the courts for monetary matters of 3 judges, with more details and procedure too. The new mishnah addresses choosing judges for the court and whether a litigant can disqualify a judge if he is halakhically fit to be a judge (machloket, of course). The Gemara delves into the question of selecting and disqualifying a judge -- applying it to a very specific case with a choice...

Another new misnah - the last one of the chapter, with more on the king, and how the people are limited in their conduct with regard to the king. For example, not looking at the king while he is getting a haircut. The Gemara delves in King David as a case study, as a paradigm, including a story about Avishag HaShunamite, who wants to marry him, but he declines on the basis of old age (and then def...

Another daf with 2 mishnayot - on kings. First, he is prohibited from marrying too many wives - that is, no more than 18. With some dispute over whether that is because of the risk of being led astray (a problem if true of only one wife!) or an edict about the wives themselves. With a parallel question as to why the Torah prohibits taking a widow's garment as collateral - is it a matter of her fin...

On Paltiel, the second husband of Michal, daughter of Saul. But how could Michal have been with Paltiel as a wife?? Paltiel is included among others who were praised for not acting on sexual urges. Plus, the poverty - and piety, as previously discussed - of Rabbi Yehudah bar Ilai [Who's Who: Rabbi Yehudah bar Ilai]. Also, a new mishnah: when a king dies and when a king mourns, plus other details o...