WHEN DO WE SUGGEST COMPROMISE?
Question: This is like the first Tana (who said that after (Tosfos - you know) the verdict, the judge may not suggest compromise. This implies that before this, he may!)
Answer: R. Yehoshua ben Korchah says that it is a Mitzvah to suggest compromise. The first Tana says that this is optional.
Question: The first Tana is like R. Shimon ben Menasya (who said that until you sense what the verdict will be, you may suggest compromise)!
Answer: The first Tana argues. He allows compromise even after you sense what the verdict will be, until (Tosfos - you know) the final verdict.
The above Tana'im argue with R. Tanchum bar Chanilai.
(R. Tanchum bar Chanilai): "U'Votze'a Berech Ni'etz Hash-m" refers to the golden calf;
Question: "Va'Yar Aharon va'Yiven Mizbe'ach Lefanav" - what did he see?
Answer (R. Elazar): He saw Chur (the son of Miryam and Kalev), and va'Yiven mi'Zavu'ach (understood from the one slaughtered) that if he protests, they will kill him also, fulfilling "Im Yehareg b'Mikdash Hash-m Kohen v'Navi", and then there will be no atonement for Bnei Yisrael;
He reasoned 'it is better that they make the calf. Perhaps Teshuvah will help.'
What do the Tana'im (who argue with R. Shimon ben Menasya) learn from "Poter Mayim Reishis Madon"?
Answer: They learn Rav Hamnuna's law.
(Rav Hamnuna): One is first judged (in the world to come) about his Torah learning - "Poter Mayim Reishis Madon."
(Rav Huna): A dispute is like a water conduit. If it is not plugged up immediately, it overflows.
(Abaye Kashisha): It is like planks on a bridge. With time, they become fixed (also, a dispute gets stronger).
THE ADVANTAGES OF SHALOM
A certain man (Tuvya) used to say 'because I hear people abuse me and keep quiet, I am exempted from misfortunes.'
(Shmuel): "Poter Mayim Reishis Madon" - one who begins a dispute initiates 100 judgments (Me'ah DiNim).
A certain man used to say 'it is common that one is not punished (immediately) for two or three transgressions.'
(Shmuel): "...Al Sheloshah Pish'ei Yisrael v'Al Arba'ah Lo Ashivenu" (the fourth will not be pardoned).
A certain man used to say 'a peaceable person will be saved from seven pits, and a Rasha will fall in the first.'
(Shmuel): We learn this from "Ki Sheva Yipol Tzadik va'Kam u'Rsha'im Yikashelu v'Ra'ah."
A certain man used to say 'if Beis Din took one's garment, he should rejoice (he was saved from sin).'
(Shmuel): We learn this from "(if you will appoint judges) ha'Am ha'Zeh... Yavo v'Shalom."
A certain man used to say 'when a weaver naps, her basket drops from her head (and people do not know her trade).'
(Shmuel): We learn this from "ba'Atzaltayim Yimach ha'Mekareh."
A certain man used to say 'the one I relied on raised his hand (Aruch - his weapon) against me.'
(Shmuel): We learn this from "Gam Ish Shlomi Asher Botachti Bo (tried to kill me)"
A certain man used to say 'when I was close with my wife, we could both fit on the blade of a sword. Now that our love has waned, a bed 60 Amos wide does not suffice.'
(Rav Huna): We learn this from the Mishkan - "v'Dibarti Itecha me'Al ha'Kapores";
(Beraisa): The Aron was nine Tefachim tall, and the Kapores (its cover) was one Tefach thick;
"Shlomo built (the Beis ha'Mikdash)... u'Sheloshim Amah Komaso." After Yisrael sinned, the Shechinah did not dwell there - "..ha'Shamayim Kis'i Ei Zeh Vayis Asher Tivnu Li."
Question: What is the source that 'Saguru' means gathering?
Answer #1 (Rav Nachman): "V'Yayin Lo Sishteh v'Lo Se'egor."
Answer #2 (Rav Acha bar Yakov): "Tachin ba'Kayitz Lachmah Agrah ba'Katzir Ma'achalah."
Answer #3 (Rav Acha brei d'Rav Ika): "Oger ba'Kayitz Ben Maskil."
THE PERILS OF MISTAKEN JUDGMENT
(R. Shmuel bar Nachmani): A judge who gives the true verdict causes the Divine Presence to rest in Yisrael - "Elokim Nitzav ba'Adas Kel."
A judge who does not give the true verdict causes the Divine Presence to depart from Yisrael - "mi'Shod Aniyim... Atah Akum Yomar Hash-m."
(R. Shmuel bar Nachmani): If a judge that takes from one and gives to another improperly, Hash-m takes his soul - "Al Tigzal Dal... v'Kova Es Kov'eihem Nafesh."
(R. Shmuel bar Nachmani): A judge should imagine that a sword is between his thighs and an opening to Gehinom is below him - "mi'Giborei Yisrael... Melumedei Milchamah (Chachamim, skilled in Torah)... mi'Pachad ba'Leilos", from the fear of Gehinom, which is like night.
Question (R. Yoshiyah): Why does it say "Beis David... Dino la'Boker Mishpat"? The whole day is proper for judgment, and not just the morning!
Answer: One should not give the verdict until it is as clear to you like morning.
(R. Chiya bar Aba): We learn this from "Emor la'Chachmah Achosi At" - do not give the verdict until it is as clear to you as your sister (that she is forbidden to you).
(R. Yehoshua ben Levi): If 10 judges judge together and err, all will be punished.
Question: This is obvious!
Answer: The Chidush is, even a Talmid (who sees that his Rebbi is erring and remains silent) will be punished.
When Rav Huna would judge, he would gather 10 Chachamim with him, so he would not bear the punishment alone if he errs.
When Rav Ashi would rule about a Treifah, he would gather all the butchers of his city, so he would not bear the punishment alone if he errs.
APPOINTMENT OF JUDGES
(Rav Dimi): "Melech b'Mishpat Ya'amid Aretz v'Ish Terumos Yehersenah" - if a judge is financially independent (R. Chananel; Rashi - expert in the laws), like a king who does not need anyone else, he will establish order in the land;
If he is like a Kohen who goes to the granaries to get Terumah, he will destroy the land.
The Nasi's house appointed an unlearned judge.
Yehudah bar Nachmani was asked to say loudly (for all to hear) what the judge would say. The judge said nothing, so Yehudah expounded:
"Hoy Omer la'Etz ha'Kitzah" - Hash-m will punish those who appointed him - "va'Shem b'Heichal Kodesho Hass Mipanav Kol ha'Aretz" (this transgression can destroy the world).
(Reish Lakish): Appointing an unlearned judge is like planting an Asheirah. It says "Shofetim v'Shoterim Titen Lecha", followed by "Lo Sita Lecha Asheirah Kol Etz."
(Rav Ashi): Appointing an unlearned judge when Chachamim are available is like planting an Asheirah next to the Altar. We learn from "...Asheirah... Etzel Mizbach Hash-m."
Question: "Lo Sa'ason Iti Elohei Kesef v'Eilohei Zahav" - are wooden idols permitted?!
Answer (Rav Ashi): 'Gold and silver' teach about Elohim (judges) who paid gold or silver to be appointed.
When Rav would go to judge, he would say (about himself) 'do I accept liability to die (if I err), without commanding about my estate, and I receive no gain from this?! May Hash-m help me to return guiltless, like I came!'
When he would see people following him, he would say (to refrain from thoughts of pride) "Im Ya'aleh la'Shamayim Si'o... k'Gelelo la'Netzach (his end is to rot like excrement)."
When Mar Zutra Chasida taught laws of the festival before the festival, people would carry him on their shoulders (to hurry him to his place, to minimize the time that Talmidim must stand for him). He would say "Ki Lo l'Olam Chosen v'Im Nezer l'Dor Dor (wealth will not last forever)."
Question (Bar Kapara): What is the source (for the Mishnah) 'be deliberate in judgment'?
Answer (Bar Kapara): It says "Lo Sa'aleh v'Ma'alos", followed by "v'Eleh ha'Mishpatim."
Question (R. Elazar): What is the source that [even] judges should not (walk past people sitting on the floor, appearing to) walk on the heads of Yisrael?
Answer (R. Elazar): It says "Lo Sa'aleh v'Ma'alos", followed by "v'Eleh ha'Mishpatim."
Question: Why does the verse continue "Asher Tasim"? It should say 'Telamdem (you will teach)'!
Answer (R. Yirmeyah): This comes to include judges' tools.
When Rav Huna went to judge, he would request a staff (for lashes mid'Rabanan), a leather strap (for lashes mid'Oraisa), a shofar (for Niduy, i.e. excommunication), and a shoe (for Chalitzah).
(R. Yochanan): "Va'Atzaveh Es Shofteichem" - judges should be zealous to use the staff and strap to instill fear in the congregation (for the sake of Heaven).
(R. Chanina): "Shamo'a Bein Acheichem u'Shfatetem Tzedek" - Beis Din may not hear one party before the other party comes.
"Shamo'a" can be read 'Shma', warning a litigant not to present his case before the other party comes.
(Rav Kahana): We learn this from "Lo Tisa (Shema Shav)" (do not receive a false report). We read this as if it said 'Lo Tasi' (do not give).
(Reish Lakish): "U'Shfatetem Tzedek" - reach the correct law, then enact it.
(Rav Yehudah): (The verse continues) "Bein Ish u'Vein Achiv" - even between brothers dividing a house and its second story (award compensation to the one receiving the second story).
"U'Vein Gero" - award compensation even between different types of ovens (Rashi; Aruch - ensure that each oven is kept the proper distance from the floor and ceiling, so it will not damage).
(Rav Yehudah): "Lo Sakiru Panim ba'Mishpat" - do not show favoritism to your friend;
(R. Elazar): Do not Misnaker (estrange, i.e. obligate) your enemy.
A man said to Rav 'do you remember that I hosted you'?
The man: I want you to judge my case.