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1) JUDGES THAT MADE DECREES

(a) R. Dosa Ben Hurkanis agrees with the sons of Kohanim Gedolim; R. Yochanan Ben Zakai says, Chanan said correctly - she only swears at the end.
(b) (Gemara - Contradiction - Beraisa): There were 3 judges of burglaries in Yerushalayim - Admon Ben Gedai, Chanan ha'Mitzri, and Chanan Ben Avishalom.

1. There is a contradiction in the number of judges - and also, if they made decrees, or judged burglaries.

(c) Answer: We can easily resolve the differing numbers - the Tana of the Mishnah only listed the most important judges (Rashi; Tosfos - the judges that taught laws in our Perek).

1. The 2nd question is difficult.

(d) Answer (Rav Nachman Bar Yitzchak): They made decrees regarding burglaries.

1. (Beraisa): One who uprooted a sapling - R. Yosi says, the judges that made decrees in Yerushalayim ruled, one pays 2 silver coins for a 1st year sapling, and 4 silver coins for a 2nd year sapling.

(e) Contradiction (Beraisa): There were 3 judges in Yerushalayim that made decrees - Admon, Chanan, and Nachum.
(f) Answer (Rav Papa): The Tana of this Beraisa is R. Nasan.

1. (Beraisa - R. Nasan): Also Nachum Hamidi made decrees in Yerushalayim; Chachamim did not agree.

(g) Question: Were there really no others?!

1. (R. Pinchas): There were 394 courts in Yerushalayim, and the same number of Shuls, Batei Medrash, and schools for children.

(h) Answer: There were many other judges - only these made decrees.
(i) (Rav Yehudah): The judges that made decrees in Yerushalayim received stipends from the coins brought to buy sacrifices, 9900 Zuz in all; if they were unhappy with this, they received more.
(j) Objection: Are we dealing with the wicked?!
(k) Correction: Rather, if this was not enough, they received more, even if they didn't want more.
(l) Karna used to receive a Selah from both parties when he judged a case.
(m) Question: But it says, "Don't take a bribe"!

1. Suggestion: Perhaps that is only when a judge takes only from one party, lest his judgment be biased; but Karna took from both parties, so he would be unbiased.
2. Rejection: Even a bribe to give an unbiased judgment is forbidden!

i. (Beraisa): "Do not take a bribe" - this cannot mean, with intent to acquit the guilty and convict the innocent - it already says, "Do not pervert judgment"!
ii. Rather, bribes are forbidden, even with intent to acquit the innocent and convict the guilty!

(n) Answer #1: Karna did not take the money as a bribe, rather as wages.
(o) Objection: Even as wages, it is forbidden!

1. (Mishnah): One who receives wages for judging, his judgments are void.

(p) Answer: That is one when takes wages for the ruling itself; Karna took compensation for what he could have earned in the time he judged.
(q) Question: Is such compensation really permitted?!

1. (Beraisa): Repulsive is the judge that takes wages to judge - but his ruling is a ruling.
2. Question: What is the case?

i. Suggestion: If the wages are for the ruling - the ruling is void!

3. Answer: Rather, he takes compensation for what he could have earned - and the Beraisa calls this repulsive!

(r) Answer: It is repulsive when it is unclear what he could have earned in the time; people would pay Karna a Zuz to smell wine and evaluate it - it is clear what he could have earned in the time.

1. When people would come to Rav Huna for judgment, he would ask them to get someone to draw water in his stead.

(a) (R. Avahu): See how much bribes blind the eyes of those that take them!

1. A person whose eyes hurt him pays a doctor, even though he is not sure if he will cure them; and one who takes a bribe of a Prutah blinds his own eyes!

(b) (Beraisa): "Bribery blinds the eyes of Chachamim" - all the more so, of fools; "And perverts the words of Tzadikim" - all the more so, of the wicked.
(c) Objection: Fools and the wicked may not be judges!
(d) Answer: Rather - "Bribery blinds the eyes of Chachamim" - even a great Chacham, if he takes a bribe, his heart will be blinded before he dies;

(e) "And perverts the words of Tzadikim" - Even a total Tzadik, if he takes a bribe, will go crazy before he dies.
(f) (Rav Dimi): "A king will establish the land in judgment; a man of Terumos will ravage it" - if a judge is as a king, that does not need anyone, he will establish the land; if he is as a Kohen that runs to granaries to collect Terumah, he will demolish it.
(g) (Rabah Bar Rav Shila): A judge that often borrows things may not judge.

1. This is only if he has nothing to lend in return - but if he has, there is no problem.

(h) Objection: But Rava often borrowed from Rebbi Bar Meryon, and didn't lend to him!
(i) Answer: Rava only borrowed from him to elevate Rebbi Bar Meryon's reputation.
(j) (Rava): The Torah forbids bribery, because one who receives a bribe feels close to the giver, as to himself - and a person does not see that he himself is guilty.

1. The word Shochad (bribe) - Shehu Chad (that he is one).

(k) (Rav Papa): A judge should not judge someone he loves, nor someone he hates.

1. One he loves - he will not see that he is guilty.
2. One he hates - he will not see that he is innocent.

(l) (Abaye): If a Chachamim sees that people of his city love him - this does not show that he is praiseworthy - rather, he does not rebuke them in spiritual matters.
(m) (Rava): I used to think that everyone in my city loved me. When I became a judge, I thought that the ones I convicted hate me, and the ones I acquitted love me.

1. When I saw that the same people I convict today, I acquit tomorrow - I concluded, either they all love me, or all hate me.

(n) (Beraisa): "Do not take a bribe" - Clearly, one cannot take money - the verse is needed to teach, even non-monetary bribes.

1. Shmuel was walking on a bridge. A man lent him a hand. The man had a case - Shmuel disqualified himself from judging him.
2. A feather blew onto Ameimar's head; a man removed it. The man had a case - Ameimar disqualified himself from judging him.
3. Mar Ukva spit; a man covered the spit. The man had a case - Mar Ukva disqualified himself from judging him.
4. R. Yishmael b'Rebbi Yosi had a sharecropper that used to bring him a basket of fruit from R. Yishmael's orchard every Erev Shabbos. Once he brought it on Thursday.

i. R. Yishmael: Why did you bring it early?
ii. The sharecropper: I had to come for judgment anyway.

5. R. Yishmael refused to take the fruit and disqualified himself from judging him. R. Yishmael got other judges to judge him; he heard the case, and kept thinking how his sharecropper should claim in order to win.

i. R. Yishmael: Those that take bribes should explode! I did not take - and had I took, it would have been my own - and still, I was biased; those that take bribes, how much the more so!

6. A man that came for judgment brought the 1st shearings of his flock to R. Yishmael Bar Elisha. When R. Yishmael heard that the man was from far away, and could have given them to other Kohanim, he refused to take them and disqualified himself from judging him.

i. R. Yishmael got other judges to judge him; he heard the case, and kept thinking how this man should claim in order to win.
ii. R. Yishmael: Those that take bribes should explode! I did not take - and had I took, it would have been my own - and still, I was biased; those that take bribes, how much the more so!

(a) A man that came for judgment brought fish to Rav Anan. Rav Anan refused to take them and disqualified himself from judging him.

1. The man: You need not judge me - but take the fish, or else you will stop me from bringing Bikurim.

i. (Beraisa): "... brought to (Elisha) ... Bikurim ..." - did Elisha eat Bikurim?
ii. Rather, anyone that gives a gift to a Chacham, it is as if he brought Bikurim.

2. Rav Anan: I was not going to accept the fish - now, I will accept them.
3. Rav Anan sent the man to Rav Nachman; he enclosed a note saying that he himself could not judge him. Rav Nachman assumed that this was because they were relatives. Rav Nachman also had a case of orphans to judge.