SOMEONE WHO IS NO LONGER RELATED
After Mar Ukva's wife died, her brothers came in front of for Mar Ukva for judgment.
Mar Ukva: I cannot judge your case.
Her brothers: You think that the Halachah follows R. Yehudah. We will bring a letter from Eretz Yisrael saying that the Halachah does not follow R. Yehudah!
Mar Ukva: I did not disqualify myself because we were related, rather, because I know that you do not comply with the verdict.
FRIENDS AND ENEMIES
(Mishnah): A close friend refers to a Shushbin.
Question: For how long is he disqualified?
Answer #1 (R. Aba): He is disqualified during the week of festivities after the Nisu'in.
Answer #2 (Rava): He is disqualified the day he brought gifts.
(Mishnah): An enemy is one who did not speak to him for three days due to hatred.
(Beraisa): If "v'Hu Lo Oyev Lo", he can testify for him. If "v'Lo Mevakesh Ra'aso", he can judge him.
Question: This is the source for an enemy. What is the source for a close friend?
Answer #1: We read this as if it said 'he does not hate nor love him', he can testify for him. 'He does not seek his harm or benefit', he can judge him.
Objection: The verse does not mention loving him!
Answer #2: Reasoning teaches this. An enemy is disqualified because he dislikes him (this biases his judgment). Likewise, a close friend is disqualified because he likes him!
Question: How do Chachamim (who Machshir enemies and friends for testimony) expound?
Answer: They disqualify from judging, like R. Yehudah. The other part of the verse teaches R. Yosi b'Rebbi Yehudah's law.
(Beraisa - R. Yosi b'Rebbi Yehudah): "V'Hu Lo Oyev Lo v'Lo Mevakesh Ra'aso" teaches that two Chachamim who hate each other may not sit on a Beis Din together.
INTERROGATION OF WITNESSES
(Mishnah): To interrogate witnesses, we bring them into a room and threaten them.
Everyone leaves except for the most important witness. We ask him 'how do you know that Reuven owes Shimon?'
If he says 'Reuven himself told me', or 'Ploni told me', this is not testimony;
He must say 'Reuven admitted to Shimon in front of us that he owes him 200.'
We bring in the second witness and interrogate him.
If their testimonies match, the judges debate the matter:
If two decide Zakai (he is exempt) and one says Chayav, he is exempt;
If two decide Chayav and one says Zakai, he is Chayav;
If one is undecided, even if the other two decide the same way (Zakai or Chayav), we add more judges.
When they finish deciding, they bring them (this will be explained) in. The greatest judge says 'Ploni, you are Chayav. Almoni, you are Zakai.'
Question: What is the source that afterwards, a judge may not tell Ploni 'I wanted to acquit you, but they outnumbered me'?
Answer: "Lo Selech Rachil b'Amecha" (some texts - "Holech Rachil Megaleh Sod").
(Gemara) Question: What do we say to threaten them?
Answer #1 (Rav Yehudah): "Nesi'im v'Ru'ach v'Geshem Ayin Ish Mis'halel b'Matas Sheker" (false testimony can cause a famine).
Objection (Rava): Perhaps they know a trade, and they are not concerned if there will be a famine!
Answer #2 (Rava): "Mefitz v'Cherev (a club and sword, i.e. rampant death results from)... Ed Sheker."
Objection (Rav Ashi): Perhaps that does not scare them. They think that people die only when their (predestined) time comes!
Answer #3 (Rav Ashi): We tell them that false witnesses are a disgrace in the eyes of those who hire them - "v'Hoshivu Shnayim Anashim Bnei Vliya'al" (the ones who hire them call them worthless).
A PROPER ADMISSION
(Mishnah): If he says 'Reuven himself told me' (this is invalid). He must say 'Reuven admitted to Shimon in front of us that he owes him 200.'
This supports Rav Yehudah.
(Rav Yehudah): An admission is valid only if he said 'you are witnesses against me.'
Version #1 (Rif): R. Chiya bar Aba taught the same law.
Version #2 (our text): R. Chiya bar Aba taught similarly.
(R. Chiya bar Aba): If Reuven admitted to Shimon that he owes him 100, and tomorrow he says 'I was only joking', he is exempt. (end of Version #2)
Support (Beraisa): If Reuven admitted to Shimon that he owes him 100, and tomorrow he says 'I was only joking', he is exempt;
Further, if Shimon hid witnesses in back of the fence, and Reuven admitted to Shimon, and Shimon asked 'would you like to admit in front of Ploni and Almoni', and Reuven said 'no, I fear lest they take me to Beis Din', and tomorrow Reuven says 'I was only joking', he is exempt;
We do not suggest claims to a Mesis (enticer to idolatry).
Question: We were not discussing a Mesis!
Answer: The Beraisa is abbreviated. It means as follows. If Reuven did not claim that he was joking, we do not claim for him;
In capital cases, even if he does not claim for himself, we suggest claims to exempt him;
We do not suggest claims to a Mesis.
Question: Why is the law of a Mesis different?
Answer (Rav Chama bar Chanina): The Torah says "Lo Sachmol v'Lo Sechaseh Alav."
(R. Shmuel bar Nachman): We learn from the serpent (that enticed Chavah) that we do not suggest claims to a Mesis.
(R. Simla'i). The serpent could have made many claims, but it did not;
Hash-m did not claim for it, because we do not claim for a Mesis.
Question: What could it have claimed?
Answer: One must listen to the Rebbi, and not to the Talmid (Chavah should not have listened to it).
(Chizkiyah): We learn from Chavah that one who adds will come to detract - "Amar Elokim... v'Lo Sig'u Bo Pen Temusun" (she did not die from touching it, so she ate from it).
(Rav Mesharshiya): We learn from "Amasayim (two Amos)" - if one removes the 'Aleph', it reads 'Ma'asayim (200).'
(Rav Ashi): We learn from "Ashtei Erseh (11)" - if one removes the 'Ayin', it reads 'Shtei Esreh (12).'
(Abaye): Reuven is exempt only if he claims that he was joking, but if he denies that he admitted, he is established to be a liar, and he is Chayav.
(Rav Papa brei d'Rav Acha bar Ada): One does not remember meaningless things (perhaps he was joking, and forgot the matter, therefore he is exempt).
Levi hid witnesses in back of curtains around the bed and claimed 100 from Yehudah. Yehudah admitted.
Levi: May the waking and sleeping be witnesses?
(Rav Kahana): He did not want them to be witnesses (so he is exempt)!
Reuven hid witnesses in a grave and claimed 100 from Yehudah; Yehudah admitted.
Levi: May the living and dead be witnesses?
(Reish Lakish): He did not want them to be witnesses (so he is exempt)!
(Ravina): Rav Yehudah taught that he must say 'you are witnesses' for the admission to be valid. From the above episodes, we learn that it suffices for the lender to say it and the borrower to be silent;
He was exempt because he said 'no.' Had he been silent, he would have been Chayav!
Reuven had a reputation that he owed many people. He said 'I owe only Ploni and Almoni.' They claimed from him in Beis Din.
Rav Nachman: It is normal for one to falsely claim that he owes money, so people will not think that he is rich.
Shimon had a reputation that he was a rich miser. Just before he died, he said 'I owe Ploni and Almoni.' They claimed from his heirs.
R. Yishmael b'Rebbi Yosi: In his lifetime one will falsely claim that he owes, lest people think that he is rich, but not when he is dying!
The heirs paid half. Ploni and Almoni claimed the other half from them in R. Chiya's Beis Din.
R. Chiya: Just like one does not want people to think that he is rich, he does not them to think that his sons are rich! (Perhaps it was a false admission.)
The heirs: We should get back the half we paid!
R. Chiya: The Chacham (R. Yishmael b'Rebbi Yosi) already ruled. (They need not return the money.)
MAY WE WRITE AN ODISA?
If Shimon admitted in front of two witnesses. If they made a Kinyan, the witnesses may write a document; if not, not.
(Rav): If he admitted in front of three, even if they did not make a Kinyan, they may write (for they are a Beis Din. They even have the power to make Hefker).
(Rav Asi): They may not write.
A case occurred, and Rav was concerned for Rav Asi's opinion.
(Rav Ada bar Ahavah): Sometimes we write Odisah (an admission in front of three without a Kinyan), sometimes we do not:
If the three were already sitting, he did not make them a Beis Din, they are only like witnesses, they do not write;
If he gathered them, he made them a Beis Din, they write.
(Rava): Even if he gathered them, they do not write unless he said 'you should be judges.'
(Mar bar Rav Ashi): Even if he gathered them and said 'you should be judges', they do not write unless they had a fixed place and summonsed the borrower to Beis Din.
If Reuven admitted to Metaltelim, they may write only if they made a Kinyan;
Question: What is the law if he admitted to land?
Answer #1 (Ameimar): They may not write.
Answer #2 (Mar Zutra): They may write.
The Halachah is, they may write.
Question (Rav Dimi bar Rav Huna): What is the law if he admitted to Metaltelim in his possession?
Answer #1 (Ravina): They are considered like land.
Answer #2 (Rav Ashi): Since the receiving party has not yet collected the property, they may not write.
(Abaye and Rava): If a (document of) Odisah did not say '(the giver) said 'write, sign and give it to him', Reish Lakish's Chazakah applies.
(Reish Lakish): We have a Chazakah that witnesses would not sign a document unless the seller is old enough (to sell land, 20 years old).
(Similarly, witnesses would not sign an Odisah unless the giver said 'write, sign and give it to him.' Surely, the scribe merely omitted writing this.)
Objection (Rav Papa): Many judges do not know (whether or not we write an Odisah made in front of two people if no Kinyan was made). May we assume that all scribes know it?!
They asked the scribes of Abaye and Rava. They knew the law.