Talking Talmud

A king does not judge and is not judged -- but what kind of king is this? Specifically, the kings of Israel and not Judah (or Yehudah), the latter of which are the kings of the Davidic dynasty, his descendants, and who did judge (and presumably therefore were judged). Plus, the story of Shimon ben Shetach and the refusal of King Yannai to be part of the judgement after his slave killed a person. T...

Chapter 2! With a mishnah about various legalities with regard to a high priest (kohen gadol), including him not being a judge nor judged. And issues of yibum/halitzah. Plus, other roles and their various legalities (such as a king). Also, the Gemara on the mishnah, delving into the limitations on who can be a judge - beginning with the kohen gadol. Plus, some discussion about the overlapping sphe...

In a case where the vote of 71 is unanimous to convict, they can't convict, but rather acquit - beginning with the fact that the sentencing could not be carried out on the same day of the vote to convict. Because nobody would come forward to argue against the conviction, which is essential in this kind of capital case. Plus, the people who are appointed to the Sanhedrin had to be of high stature,...

A false prophet is to be judged only by the court of 71. How we do know that? The Gemara uses verses with the same term to derive it -- and then revises which term is the one to learn the halakhah from, both as linked to the case of the rebellious elder (zaken mamre). Also, extending the city limits of Jerusalem, only with the court of 71. With a side discussion (that takes over) into the vessels...

Turning to capital cases, judged by 23 judges. Including various cases of bestiality -- wherein both parties (human and animal) are put to death. Also, other cases where animals are put to death, specifically, when they kill a person (including wild animals) -- without waiting for a court decision. Can they be tamed? Can they have owners? But when a court is involved... don't they need 23?

More on semikhah - ordination -- both the process of whether laying on of hands is necessary and why 3 judges were essential. Including the promised story and Who's Who about Yehudah ben Bava. Ordination itself was grounds for a death sentence (during the Hadrian persecutions), and destruction of the places where it was being given, to eliminate Jewish authority. The discussion comes back to the p...

What happens to the equinox, when calculating the calendar? Is it considered the beginning of the new season or the end of the old season? The equinox is significant as it is a marker for the seasons falling as they should, in the given months, with a focus on the autumn at this time. As for the spring, if the winter season extends 19 days into the Nisan season, that is enough to intercalate the y...

How far in advance of Adar -- when the month is added to the year -- could they intercalate the year? Rosh Hashanah time? Before it? Afterwards? Why would they to do it so early in the year? Only in a time of religious persecution, which the Gemara provides an example of, under the oppressive thumb of Rome. Plus, going back to the story of King Solomon's Temple and a monthly rotation that seems to...

That time Shmuel HaKatan took the blame for someone else. [Who's Who: Shmuel HaKatan]. Also, that time Rabbi Hiyya took the blame for someone else. With the practical notes that intercalation for the calendar required invitation to participate in the decision-making and the ceremony -- and Rabbi Yehudah HaNasi did not like the smell of garlic. Also, Rabbi Shimon ben Gamliel would proclaim the leap...

A case where the judgement might be lashes requires 3 judges, with an explanation of why, from a verse. So why do others maintain that 23 judges are needed for such a case? In part because of the connection to lashes being linked to a death sentence - though perhaps the seriousness of lashes themselves pushes for that connection. Also, intercalation of a month (to make a leap month) needs 3 judges...

A long discussion on the dispute between Rabbi Meir and the rabbis in mishnah -- beginning with a case of a husband who accuses his wife of not being a virgin at marriage (tantamount, in this context to an accusation of adultery), and the dispute is over the question of whether the case requires 3 or 23 judges (is it a capital case or a monetary one)? (8 explanations addressing the interpretations...

Parsing a verse from the Torah, the Gemara explores the ethics of judges, and how they must judge "small and great" alike -- understood to be monetary sums at stake. The Gemara recognizes that people will try to cheat the court. Plus, a comment from Moshe (Moses) that is interpreted as a strike against him and, conversely, in his favor. Also, a twist on "zimmun," the 3 who eat and bless afterwards...

A sidebar to the discussion of judges, wherein a passerby utters pithy statements which a couple of sages then ground in biblical verses. Also, errors in judgement: what happens when the judge selected was a poor choice, or if the judgement is wrong? The care in judgement is essential.

How many judges do you need for meditation? For compromise? Is it akin to "judgement" or not? Plus, the need for a formal act of acquisition (or lack thereof) for a compromise to go into effect. Also, on the topic of arbitration, or compromise - where some maintain it is not the job of a judge, and some say it is. Plus, the relationship between peace and judgement -- which comes to compromise. Plu...

For a judge to not undertake financial responsibility for an error in judgement, he needs permission to judge from the exilarch. Plus, complications between the authority granted by the exilarch in Babylonia and that granted by the nasi in the land of Israel. Plus, the origins of the terms of rabbinic ordination of different levels, even (mostly) to this very day. Also, a focus on the authority of...

Cases of whether one should focus on the pronunciation of a word as compared to its written version, for any number of cases where both are presented, when they are not the same. The dispute upholds both, truth be told. One example: How many walls are required for a kosher sukkah - based on the written/read word in the Torah. Also, which wins? It seems that pronunciation always does, so the Gemara...

On why the mishnah needs to include damages and half-damages in its list (about how many judges for this kind of case). Also, a dispute about whether the number of judges really needs to be odd. Also, Rabbi Yehudah HaNasi's position that 5 judges are needed, not 3! Perhaps 3 judges on the side of the verdict? Which means 5 to make the majority... (except that is rejected too, because how can it po...

Beginning Sanhedrin! With an introduction to the court system, as initially instituted, in some measure, in the Torah. And the first mishnah -- this time, all of the mishnah of the chapter, printed together at its beginning. First and foremost, determining the number of judges needed for each case of damages, in "monetary law" (dini mamanot) - 3, and then for capital cases (dini nefashot) - 23. Pl...

In the case of one who wrote an IOU document in his own handwriting, without witnesses, then the collection can only take place from unencumbered property -- even if that same IOU was later ratified in court. A bill of divorce is brought in the attempt to argue that such a document should function as a complete IOU and be able to collect from property that has a lien on it. Though the Gemara highl...

Returning to the person on his deathbed -- what about liability incurred by a person in these circumstances? What are the implications of his status for how the funds/property can be collected? Note that the witness factor is significantly diminished because of that deathbed status. Also, a new mishnah! (the last mishnah of the tractate) One who lends via a document can collect from "encumbered pr...

More on the guarantor -- distinguishing between a regular one and a "kablan guarantor." So, here, the halakhic concept becomes a halakhic category, with variations that have ramifications. How, then, does one collect money from a guarantor. Plus, a guarantor for a loan from a creditor who is not Jewish. Plus, a guarantor for a wife's ketubah funds. Also, a concrete case of using a ketubah guaranto...

More on people who have the same name -- and a need for a scribe to write an IOU -- with a third approach to making the deal work, including, if both parties are present at the scribe. Also, a new mishnah! When one of many (or even 2) IOUs has been paid back - and the holder of them doesn't know which of them is paid back -- the mishnah says to act stringently, to ensure nobody would be paying bac...

On the ways to write documents, especially those used to effect transfer -- including if the document is written in a different place from that actual transfer of property. Plus, the scribe's responsibility not only with regard to the writing of the words, but also to the writing of it. Also, a new mishnah! A case of two brothers: 1 wealthy, 1 poor. Their father leaves them property that was used...

Everyone agrees that if the date of an IOU is the date of a Shabbat or Yom Kippur, the given assumption is that the document was post-dated, with some occasions that - despite this apparent exceptions that are the subject of a dispute between Rabbi Yehudah and Rabbi Yossi. Also, other cases of bills being dated to some future date, after the funds for that bill becoming available -- presumably for...

When an apparently previous owner claims he is the current owner, against the apparent current owner. What kind of proof would be necessary? All of which leads into a case and a story - to summarize the issues and the legal decision: an outstanding loan that is contested. Also, a new mishnah! The case of one who has paid a portion of his debt, what do you do with the IOU notes? How much scope for...