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Sanhedrin 27
1) [line 1] ED ZOMEM (EDIM ZOMEMIM)
(a) If two witnesses testify to a crime or an event and a later set of
witnesses contradict their testimony by saying that the crime or event did
not take place exactly as the first set of witnesses testified, all of the
witnesses are termed Edim Mukchashim (contradictory witnesses), and Beis Din
cannot use either testimony.
(b) If, however, two witnesses testify to a crime or an event and a later
set of witnesses *disqualify* that testimony by saying that the first set of
witnesses were with them in a different place at the time that the first set
of witnesses claim that the act took place, the first witnesses are termed
Edim Zomimin (conspiring witnesses). The Torah commands that the second set
of witnesses are believed, rather than the first. In general, Edim Zomemim
are punished with the punishment they tried to cause. (Devarim 19:16-21. See
Mishnah Makos 5a.)
2) [line 1] ED ZOMEM... L'MAFRE'A HU NIFSAL / MI'KAN UL'HABA HU NIFSAL
Abaye rules that the testimony of a witness who, with regard to a later
testimony, is found to be an Ed Zomem (see previous entry) is disqualified
retroactively, while Rava holds that the witness becomes disqualified from
giving testimony only for future testimonies. (This argument is one of the
six arguments ("YE'AL KEGAM") between Abaye and Rava in which the Halachah
follows the view of Abaye; see below, entry #10.)
3) [line 3] ME'IDNA D'AS'HID - from the moment at which he testified
4) [line 4] "AL TASHES YADCHA IM RASHA [LIHEYOS ED CHAMAS]" - "Do not become
involved with a wicked person [to be a false witness]." (Shemos 23:1)
5) [line 5] AL TASHES RASHA ED - [the verse is interpreted to mean,] do not
let an evildoer be a witness (and since the witness was proven to have lied,
he is disqualified from being a witness in all cases that followed the case
in which he lied)
6) [line 6] MAI CHAZIS D'SAMCHAS A'HANEI? - What do you see that makes you
rely on these [witnesses, i.e. the second group]?
7) [line 10] MISHUM PESEIDA DI'LEKUCHOS - because of the loss to the buyers
(if we disqualify the witness retroactively, then all of the deeds of sale
on which he testified in the interim will become annulled, and the
purchasers will thereby suffer a loss)
8) [line 11] D'AS'HIDU BEI TREI B'CHAD - [a case where] two witnesses
testify against one witness (testifying that he is an Ed Zomem)
9) [line 12] PASLINHU B'GAZLENUSA - other witnesses invalidated these
witnesses by testifying that they stole (and a Gazlan is Pasul l'Edus)
10) [line 15] YE'A"L KEGA"M - a mnemonic device to remember the six cases in
which Abaye and Rava argue where the Halachah follows the opinion of Abaye.
These cases are:
1. *Y*E'USH SHE'LO MI'DA'AS - The owner of a lost or stolen object does not
as yet know that his object is lost or stolen. Had he known, he would have
given up hope of ever getting it back, and would have verbally acknowledged
that the loss is irretrievable ("Ye'ush"). Abaye rules that Ye'ush she'Lo
mi'Da'as is not considered Ye'ush (Bava Metzia 21b).
2. *E*D ZOMEM LIMAFRE'A HU NIFSAL - Abaye rules that a witness who is found
to be an Ed Zomem is disqualified retroactively, such that all testimonies
that he gave between the time that he gave his false testimony and now are
considered invalid (Sanhedrin 27a).
3. *L*ECHI HA'OMED ME'ELAV - Abaye rules that a board which was not put in
place for the purpose of being used as a Lechi (to permit carrying objects
from a Chatzer to a Mavoy, and in the Mavoy itself) is considered a Lechi
(Eruvin 15a).
4. *K*IDUSHIN SHE'EINAM MESURIN L'BI'AH - Abaye rules that Kidushin
(betrothal) to a woman with whom marital relations will be prohibited due to
a Safek Isur Kares (see Insights to Kidushin 51:1 and Background to Kidushin
51:10) are considered binding to the extent that the woman needs to receive
a Get from the Mekadesh and becomes prohibited to his immediate relatives.
5. *G*ILUY DA'AS B'GITA - A husband has sent a Get to his wife with a
messenger, and the messenger returns having not been able to deliver the
Get. The husband then hints that he is pleased with the fact that he has not
as yet divorced his wife, but he does not state explicitly that he does not
want the messenger to deliver the Get, or that he wishes to revoke the Get.
Abaye rules that his hints have no bearing on the validity of the Get, and
the messenger is still able to deliver the Get (Gitin 34a).
6. *M*UMAR OCHEL NEVEILOS L'HACH'IS - Abaye rules that a person who eats
non-Kosher food (or transgresses any other sin) in order to anger his
Creator is disqualified from being a witness, even though he has not
demonstrated a willingness to transgress the Torah for monetary benefit
(Sanhedrin 27a).
11a) [line 15] MUMAR OCHEL NEVEILOS L'SEI'AVON - a sinner who eats
non-Kosher food (or transgresses any other sin) for monetary benefit, e.g.
the non-Kosher food is less expensive
b) [line 17] L'HACH'IS - [a sinner who eats non-Kosher food (or
transgresses any other sin)] in order to anger his Creator
12) [line 21] AL TASHES CHAMAS ED - [the verse (Shemos 23:1; see above,
entry #4) is interpreted to mean,] do not let an extortionist (i.e. someone
who sins in order to get money) be a witness (but other types of sinners may
serve as witnesses)
13) [line 21] MO'ALIN BI'SHEVU'OS - those who sin by swearing falsely
14) [line 22] SHEVU'AS SHAV (SHEVU'AS SHAV / SHEVU'AS SHEKER)
(a) It is forbidden to swear in vain, as the Torah states, "Lo Sisa Es Shem
HaSh-m Elokecha la'Shav" (Shemos 20:7). There are four types of oaths that
are in vain:
- a false oath about something known; e.g. that a marble pillar is made of gold
- a true oath about something known; e.g. that a stone is a stone
- an oath to transgress a Mitzvah
- an oath which is impossible to keep; e.g. not to sleep for three days or not to eat for seven days.
(b) If a person swears in vain b'Mezid he receives lashes. If he swears
b'Shogeg he does *not* bring a Korban (SEFER HA'CHINUCH #30).
15) [line 23] SHEVU'AS MAMON - an oath attesting to the rightful ownership
of money or property
16) [line 27] PASUL L'CHOL HA'TORAH KULAH - he is disqualified from serving
as a witness for all matters in the Torah
17) [line 40] REBBI MEIR V'REBBI YOSI, HALACHAH K'REBBI YOSI - in a dispute
between Rebbi Meir and Rebbi Yosi, the Halachah follows the view of Rebbi
Yosi (Eruvin 46b)
18) [line 41] SASAM LAN TANA K'REBBI MEIR - the Tana wrote a Mishnah
anonymously, in accordance with the view of Rebbi Meir (and therefore the
Halachah should follow his view; the Gemara will explain this on 27b)
19) [line 42] BAR CHAMA KATAL NAFSHA - Bar Chama killed a person
20) [line 43] REISH GALUSA - the Exilarch, the leader of the Jews in Babylon
21) [line 44] PUK, AYEIN BAH - go out and look into the matter
22) [line 44] IY VADAI KATAL, LICH'HAYUHU L'EINEI - if he certainly killed,
then poke out his eyes (see Rashi for two other interpretations of the
meaning of this statement)
23) [line 47] KAMAI DIDI GANAV KAVA D'CHUSHLA - in front of me he (the
witness) stole a Kav of peeled barley
27b---------------------------------------27b
24) [line 1] KATA D'VUTIYA - the handle of a spear
25) [line 1] AMAR LEI - Rav Aba bar Yakov said to Bar Chama
26) [line 11] PESULEI YUCHASIN - people of sullied lineage (such as a Ger or
Mamzer) who are disqualified from serving as judges for capital cases, but
may serve as judges for monetary cases
27) [line 18] MELAVEI B'RIBIS - those who lend money with interest
28) [line 24] NASHKEI L'KAR'EI - he (Bar Chama) kissed him (Rav Papi) upon
his feet
29) [line 25] KIBLEI LI'CHERAGEI D'CHULEI SHENEI - he (Bar Chama) accepted
upon himself to pay his (Rav Papi's) taxes for all of his years
30a) [line 28] CHAMIV - his father-in-law (his wife's father)
b) [line 28] GISO - his brother-in-law (his wife's sister's husband)
31) [line 29] CHORGO - his step-son (his wife's son from a different
marriage)
32) [line 30] AVAL MISHNAH RISHONAH "DODO U'VEN DODO V'CHOL HA'RA'UY
L'YORSHO" - but the ruling of the original Mishnah was that "his uncle, his
uncle's son, and anyone who is fit to inherit him" may not testify for him.
(This refers to the relatives of one's *father*, and not of one's mother, as
one does not inherit from the relatives of one's mother. The reason the
Mishnah Rishonah mentioned specifically "his uncle and his uncle's son" is
because it is quoting the verse (Vayikra 25:49). The reason why it mentions
them altogether and does not mention simply "anyone who is fit to inherit
him" is because, in theory, the members of his entire Shevet could inherit
him, and thus the Mishnah needs to point out that only the close relatives
are included in the disqualification to testify (TIFERES YISRAEL). The words
"Kol ha'Karov Lo b'Osah Sha'ah..." are the resumption of the words of the
Tana Kama.)
33) [line 33] V'YESH LO VANIM MIMENAH, HAREI ZEH KAROV - and he (the husband
of one's daughter) has children from her, he is considered a relative (even
though the daughter has died)
34) [line 35] SHOSHVINO - (lit. his close comrade) (SHUSHVINUS)
Shushvinus refers to the custom whereby a person brings gifts to the wedding
feast of a friend and partakes in the feast, and then the friend
reciprocates and brings gifts when the first person (or one of his children)
gets married. The Gemara in Bava Basra (144b-145b) discusses the details of
the practice of Shushvinus at length. The SHULCHAN ARUCH (EH 60) writes that
this custom is no longer practiced the way it used to be.
35) [line 36] B'EIVAH - out of enmity
36) [line 37] "LO YUMSU AVOS AL BANIM [U'VANIM LO YUMSU AL AVOS; ISH
B'CHET'O YUMASU.]" - "Fathers shall not be put to death because of sons,
[and sons shall not be put to death because of fathers; a man shall be put
to death because of his own sin]." (Devarim 24:16)
37) [line 45] "V'AF BA'AVONOS AVOSAM ITAM YAMAKU." - "and even because of
the sins of their fathers they shall perish." (Vayikra 26:39)
38) [line 50] "V'CHASHLU ISH B'ACHIV" - "Each man will stumble over his
brother." (Vayikra 26:37)
39) [line 51] KULAN AREVIM ZEH VA'ZEH - they are all responsible for each
other
40) [last line] HAYAH B'YADAM LIMCHOS V'LO MICHU - it was in their ability
(lit. hands) to protest, and they did not protest
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