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CHARTS FOR LEARNING THE DAILY DAF
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Sanhedrin Chart #3
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
||The verse is discussing *testifying* for one's relative(2)
||One's son, brother's son, and brother may not testify for him
||The son of one's father's brother
(according to Rebbi Elazar, the grandson of one's father's brother(5))
||The son of one's son The son of one's brother's son(7)
||Two brothers may not testify together for someone else
||A relative may not testify even for the *benefit* of his relative(12)
||The relatives of one's mother may not testify for him(11)
(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
(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
(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).
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