Sanhedrin Chart #2
Chart for Sanhedrin Daf 27b-28a
WHAT IS MY RELATIONSHIP
TO THE RELATIVES MENTIONED IN THE MISHNAH?
|(NOTE: The numbers that appear in the chart correspond to the relatives listed in the chart, according to row and column. See below for sample of how to read this chart.)||(A)
MY RELATION TO THE RELATIVE HIMSELF
MY RELATION TO THE RELATIVE'S SON
MY RELATION TO THE RELATIVE'S SON-IN-LAW
|5||FATHER'S SISTER'S HUSBAND
("BA'AL ACHOS AVIV")
|6||MOTHER'S SISTER'S HUSBAND
("BA'AL ACHOS IMO")
MY RELATION TO THE RELATIVE'S BROTHER
MY RELATION TO THE RELATIVE'S BROTHER'S SON
MY RELATION TO THE RELATIVE'S SISTER'S SON
(SAMPLE READING OF CHART: Take row 4, for example. What am I to my sister's husband? I am his father-in-law's son (8B). What am I to the son of my sister's husband (i.e. the son of my sister)? I am his mother's brother (3A). Finally, what am I to the son-in-law of my sister's husband (i.e. the husband of my sister's daughter)? I am the brother of his mother-in-law (11A).)
Sanhedrin Chart #3
Chart for Sanhedrin Daf 27b-28a
THE SOURCES FOR THE DISQUALIFICATION OF RELATIVES TO GIVE TESTIMONY, AS DERIVED FROM THE VERSE, "LO YUMSU AVOS AL BANIM U'VANIM LO YUMSU AL AVOS" (DEVARIM 24:16)
THE WORDS OF THE VERSE
THE LAW DERIVED FROM THOSE WORDS
|1||"LO YUMSU" (1)||The verse is discussing testifying for one's relative (2)|
|2||"AVOS" (3)||One's son, brother's son, and brother may not testify for him|
|3||"AL BANIM" (4)||The son of one's father's brother
(according to Rebbi Elazar, the grandson of one's father's brother (5))
|4||"U" (6)||The son of one's son The son of one's brother's son (7)|
|5||"BANIM" (8)||Two brothers may not testify together for someone else|
|6||"LO YUMSU" (9)||A relative may not testify even for the benefit of his relative|
|7||"AL AVOS" (10)||The relatives of one's mother may not testify for him (11)|
* The Mishnah does not state explicitly that I may not testify for these two relatives (5A, 8A), as RASHI mentions on the Mishnah (27b, DH Levado). Nevertheless, it is obvious that just as those relatives may not testify for me, so, too, I may not testify for them, as Rashi explains there. Therefore, to make this list of relatives who may not testify for a person complete, we must add "my wife's brother's son" ("Ben Achi Ishto"), corresponding to 5A, and "my daughter's husband" ("Ba'al Bito"), corresponding to 8A.
** Neither the Mishnah nor the Gemara mention explicitly that I cannot testify for these three relatives (7B, 7C, 9C), nevertheless, it is obvious that just as they may not testify for me, so, too, I may not testify for them (as mentioned in the previous footnote). See Insights to 27b.
(1) The Gemara derives from here that the verse means that the fathers shall not be put to death based on the testimony of their sons for otherwise the words are not necessary, as the end of the verse already states, "Ish b'Chet'o Yumas."
(2) This is the Derashah that is learned from the verse. The straightforward meaning of the verse, however, remains: the fathers shall not be punished on account of the sins of their sons (as the Navi (Melachim II 14:6) teaches with regard to the king Amatzyah ben Yo'ash, who killed the servants who assassinated his father, but did not kill the sons of the assassins, citing the verse of "Lo Yumsu Avos Al Banim..."). (CHIDUSHEI HA'RAN)
(3) The word "Avos" implies that each one of two fathers (who are brothers) shall not be put to death based on the testimony of any of their sons, including both the man's son and his brother's son, and certainly he shall not be put to death based on his brother's testimony.
(4) The verse should have said "Al ha'Ben." Since it says "Al Banim," the plural form implies that the sons of two brothers (i.e. first cousins) shall not testify for each other.
(5) Rebbi Elazar expounds the words "Al Banim" to mean that anyone who cannot testify for me is also disqualified from testifying for my sons. He thereby includes in the disqualification of giving testimony a third generation for a second generation ("Shelishi b'Sheni"). (The Gemara does not explain exactly how Rebbi Elazar derives this from these words, as these words are already teaching that a second generation may not testify for a second generation ("Sheni b'Sheni," such as first cousins testifying for each other). Perhaps he derives it from the proximity to the word "u'Vanim" in the second part of the verse (for it should have said instead, "v'Lo Yumsu Banim Al Avosam" and not "u'Vanim Lo Yumsu Al Avosam"), which teaches that the sons of these sons as well shall not be put to death based on the testimony of their father's brothers.)
(6) The "Vav" of "u'Vanim" is extra.
(7) This is according to Rav and Rebbi Elazar (but our Mishnah argues and permits a first generation to testify for a third generation).
(8) This Derashah is based on the fact that the verse should have said "u'Ven Al Avos," or "v'Hem Al Avos." (The latter suggestion will only be valid according to the opinion which permits a third generation to testify for a first generation, and does not expound "u'Vanim" -ARUCH LA'NER).
(9) These words are extra, since the first half of the verse already says "Lo Yumsu."
(10) The verse should have said "Aleihem," since it already mentions "Avos" in the first half of the verse.
(11) The opinion in our Mishnah that maintains that anyone who is not fit to inherit from the relative is permitted to testify for him does not expound this verse (ARUCH LA'NER).