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12th CYCLE DEDICATION
KESUVOS 104-105 (5 Teves) - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.
Chanan: If a husband travels overseas, his wife does not have to take an oath when she collects her Mezonos. Bnei Kohanim Gedolim: She must take an oath. (1)
The Gozrei Gezeiros in Yerushalayim decreed that if an animal destroys a one-year-old sapling, its owner must pay 2 Ma'os. (2)
There were 394 Batei Dinim, Batei Keneses, Batei Midrash, and Chadarim in Yerushalayim.
The Gozrei Gezeiros in Yerushalayim received their wages from the Terumas ha'Lishkah.
A judge is prohibited from taking a bribe, even if he takes it on condition to judge correctly.
If a judge takes a wage for his judgments, all of his judgments are void.
It is considered repulsive for a judge to take a wage in order to cover the lost income for the time that he is in judgment. (3)
A person who frequently borrows items but does not have the means to lend out items himself is ineligible to be a judge.
A person should not be a judge for someone he loves or hates.
If a Talmid Chacham is loved by the townspeople, it is because he is not rebuking them for their spiritual shortcomings.
Any type of service that a potential litigant performs for a judge is regarded as bribery.
When one brings a gift to a Talmid Chacham, it is regarded as though he is bringing Bikurim.
A BIT MORE
1. According to Chanan, she does not have to swear that she does not have in her possession any of her husband's property until she collects her Kesuvah. The Bnei Kohanim maintain that she must swear before she collects her Mezonos.
2 If the sapling is two years old, he must pay 4 Ma'os.
3. However, since he is taking the money in order to cover his lost income, his judgments are valid. If it is obvious that he is losing income for the time that he sits in judgment, he is permitted to receive a wage.
GOZREI GEZEIROS IN YERUSHALAYIM
Rabeinu Tam says it was permitted for the Gozrei Gezeiros in Yerushalayim to receive their wages from the Terumas ha'Lishkah, even though it is prohibited for a judge to receive a wage, because they took their money form the Tzibur and not from the litigants. Tosfos offers an alternative answer and says that the prohibition to take a wage is for one who judges only on occasion. The Gozrei Gezeiros sat in judgment the entire day and were unable to engage in any pursuit of Parnasah, and thus they were permitted to take wages.
A judge must be extremely vigilant not to take any type of bribery, even on condition to judge correctly. If he does take bribery, he must return it when the giver makes a claim on it. Just as the judge who takes bribery transgresses a Lo Sa'aseh, the giver transgresses the prohibition of placing a stumbling block in front of a blind man. (Shulchan Aruch CM 9:1).
The judge must return the bribery only if the giver asks for it in return. Otherwise, he is not obligated to give it back, since it was given to him willingly and on condition to judge correctly. (S'ma)
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