brought to you by Kollel Iyun Hadaf of Yerushalayim
& Revach l'Neshamah - http://www.revach.net
1. A judge must give equal priority to a case regarding a Perutah and a case regarding a hundred Manah.
2. A Zechus is brought about by a Zakai and a Chov is brought about by a Chayav.
3. The people must fear the judge and the judge must tolerate the people.
4. A summons to Din must be issued in the names of all three judges.
5. Dinei Kenasos must be judged by three judges who are Mumchim.
6. The Chachamim require twenty-three judges for a case of Motzi Shem Ra (a husband who claims that his wife committed adultery), while Rebbi Meir maintains that three judges are sufficient.
7. A person must be given Hasra'ah (warning) in order to be Chayav Misah. Rebbi Yehudah maintains that the Hasra'ah must specify which form of Misah he would be Chayav.
8. Rebbi Yosi Bar Yehudah maintains that a Talmid Chacham who commits an Aveirah can be Chayav Misah even if he did not receive Hasra'ah, but the Rabanan disagree and require Hasra'ah even for a Talmid Chacham.
A BIT MORE
1. If a Din regarding a Perutah comes before a judge prior to a Din regarding a hundred Manah, the judge is required to rule first on the Din of the Perutah.
2. The Parshah of Nachalos (order of inheritance) could have been taught by Moshe even before the daughters of Tzelofchad brought him their question, but due to the righteousness of the daughters of Tzelofchad, they had the merit that the Parshah was written as a result of their question. Similarly, the obligation to give a death sentence to a Mekoshesh (a person who gathers wood) who works on Shabbos could have been taught by Moshe even before such an incident took place, but it was taught in the Parshah as a result of the wood gatherer's sin.
3. The people are obligated to demonstrate respect and fear for judges, and a judge is obligated to tolerate the people even if it is burdensome to deal with them.
4. In general, when an agent of Beis Din is dispatched to summon a person to Din, he must give the order in the names of all three judges on the Beis Din. If he cites the name of only one judge and the person refuses to obey the summons, the person is not placed in Cherem. On a day on which the Beis Din is in session, however, it is sufficient to summon a person to Din in the name of one of the judges.
5. Any case in which the defendant would be obligated to pay more than the damage or loss that he caused is considered a case of a Knas. Such a Din may be judged only by three Mumchim (judges with Semichah).
6. Ula understands that the Chachamim require a Beis Din of twenty-three judges even when the Din concerns only the loss of her Kesuvah payment, such as when the husband does not bring witnesses who testify that his wife was Mezaneh (committed adultery). This is because people who witnessed the adultery might hear about the case and come to testify against her, in which case she will be Chayav Misah, and the case will become a capital case. Rava, however, maintains that even the Chachamim do not require twenty-three judges if the case begins as a monetary case. The Chachamim require twenty-three judges when the husband claims that he will bring witnesses who would testify that she was Mezaneh, a Beis Din of twenty-three judges is convened, and then the witnesses do not materialize. In such a situation, the Din is reduced from a capital case to a monetary case, since without witnesses, the husband can only exempt himself from the Kesuvah payment but cannot cause the wife to become Chayav Misah. Nevertheless, all twenty-three judges must remain because it would be dishonorable to dismiss them.
7. Abaye maintains that the dispute between Rebbi Meir and the Chachamim is about what type of Hasra'ah is needed in order to impose the death penalty, and the Mishnah is referring to a situation in which the woman was told that she would be Chayav Misah for adultery, but she was not told which form of Misah she would be given. The Chachamim maintain that a general warning that a person is Chayav Misah is sufficient and the woman will be Chayav Misah. Therefore, twenty-three judges are needed for the case. Rebbi Meir, however, maintains that a Hasra'ah must specify which form of Misah will be incurred. Therefore, the woman who was Mezaneh in this situation cannot become Chayav Misah, and only three judges are required since the Din will relate only to her Kesuvah.
8. Rav Papa understands that the case of the Mishnah is a case in which the wife of a Talmid Chacham committed adultery and was not given Hasra'ah. The Chachamim subscribe to the position of Rebbi Yosi Bar Yehudah, that a Talmid Chacham and his wife do not require any warning in order to be Chayav Misah. Therefore, the Din is a capital case, which requires twenty-three judges. Rebbi Meir, however, agrees with the position of the Rabanan, that a Talmid Chacham and his wife also cannot be Chayav Misah unless they were given Hasra'ah. As a result, Rebbi Meir understands that the case of the Mishnah is merely a monetary case, which requires only three judges.
Next Daf Index to Revach for Maseches Sanhedrin