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1) WOMEN CANNOT TESTIFY

(a) (Mishnah - R. Meir): Shevu'as ha'Edus (the oath of not knowing testimony) applies to men, not to women; to strangers, not to relatives; to Kosher witnesses, not to invalid witnesses, and only to people fitting to testify;
(b) When he swears himself, he is liable in or outside of Beis Din; if the oath is imposed on him, he is only liable if he denies in Beis Din.
(c) Chachamim say, whether he swears himself or the oath is imposed on him, he is only liable if he denies in Beis Din.
(d) One is liable for intentionally swearing falsely (he really remembers the testimony), whether or not he knows the punishment for it;

1. He is exempt if he did not remember the testimony.

(e) When he is liable he bring an Oleh v'Yored sacrifice.
(f) (Gemara) Question: What is the source (that the oath does not apply to women, because they are invalid witnesses)?
(g) Answer #1 (Beraisa #1): "V'Amdu Shnei ha'Anashim" - this refers to the witnesses.

1. Question: Perhaps it rather refers to the parties in the case (the claimant and defendant)!
2. Answer #1: "Asher Lahem ha'Riv" refers to them, "V'Amdu Shnei ha'Anashim" must refer to witnesses.
3. Answer #2: If you prefer, you can learn from "(Al Pi) *Shnei* (Edim)", which refers to witnesses.

i. Question: What objection might one have to the first answer (to prefer a different source)?
ii. Answer: If 'Shnei ha'Anashim' refers to witnesses, it should have said 'va'Asher Lahem ha'Riv' ("*Asher* Lahem ha'Riv" connotes the ones just mentioned, i.e. the whole verse refers to the parties).

(h) Answer #2 (Beraisa #2): "V'Amdu Shnei ha'Anashim" - this refers to the witnesses.

1. Question: Perhaps it refers to the parties!
2. Answer #1: The Torah would not say "Two", the parties could be comprised of many people (but normally, only two witnesses testify).
3. Answer #2: If you prefer, you can learn from "Shnei", which refers to witnesses.

i. Question: What objection might one have to the first answer?
ii. Answer: 'Shnei ha'Anashim' could mean the two parties, even if each party is composed of several people.

(i) Answer #3 (Beraisa #3): "V'Amdu Shnei ha'Anashim" - this refers to the witnesses.

1. Question: Perhaps it rather refers to the parties in the case!
2. Answer #1: The Torah would not say "Men", women also have to come for judgment!
3. Answer #2: If you prefer, you can learn from "Shnei".

i. Question: What objection might one have to the first answer?
ii. Answer: Women do not normally come to Beis Din for judgment (rather, they send a man to plead their case) - "Kol Kevudah Vas Melech Penimah".

(a) (Beraisa): "V'Amdu Shnei ha'Anashim" - the parties must stand;
(b) R. Yehudah says, the judges may choose to have them sit;

1. It is forbidden to make one party stand while the other party sits.

(c) (Beraisa): "B'Tzedek Tishpot Amisecha" - the judge cannot make one party stand while the other party sits, or allow only one party to speak as long as it wants;
(d) Alternatively: the verse commands every person to judge his fellowman favorably (when he sees him doing something which might be wrong).

1. (Rav Yosef): "B'Tzedek Tishpot Amisecha" - one who acts like one of your nation, i.e. he keeps Torah and Mitzvos, you must judge very well.

(e) When Ula brei r'Rav Ila'i had to go for judgment in front of Rav Nachman, Rav Yosef sent a message to Rav Nachman: 'Ula is our colleague in Torah and Mitzvos'.

1. Rav Nachman: Surely, Rav Yosef did not intend for flattery (to tilt the verdict)!

i. Rather, he informed me, so I will know to judge his case before that of an ignoramus.

ii. Alternatively, so I will be inclined to pick him if the verdict is Shuda (Rashi - a case where we cannot prove which of two people received something, the judge must estimate whom the giver preferred; Tosfos - the judge gives the disputed property to whomever he himself prefers).

(f) (Ula): R. Yehudah and Chachamim only argue regarding the parties, but all agree that the witnesses must stand - "V'Amdu Shnei ha'Anashim".
(g) (Rav Huna): They only argue about the time of deliberations, all agree that when the final verdict is given, the judges must sit and the parties stand;

1. Version #1: We learn from "Vayeshev Moshe...va'Ya'amod ha'Am".
2. Version #2: We learn from witnesses - their testimony is like the final verdict (they do not do anything after this) and they must stand - "V'Amdu Shnei ha'Anashim".

(h) Rav Huna's widow came for judgment in front of Rav Nachman; he was thinking what he should do.

1. If I stand to honor her, her opponent will be taken aback and unable to plead his case;
2. I cannot remain seated - a Chacham's wife is like a Chacham!
3. He told his servant 'Make a goose flutter upon me', so he would appear to rise on account of the goose.
4. Question: But the judge must sit and the parties must stand at the time of the final verdict!
5. Answer: He sat half-way, like one untying his shoe, and said 'Ploni is liable, Almoni is exempt'.

(i) (Rabah bar Rav Huna): If a Chacham and ignoramus have a case with each other, we tell the Chacham to sit, and also the ignoramus;

1. If the ignoramus wants to stand, we do not insist that he sit.

(j) Rav Papa was judging Rav bar Sharbiya; he seated him, and told his opponent (Reuven) to sit. A messenger of the Beis Din kicked Reuven so he would stand; Rav Papa kept quiet.
(k) Question: But Reuven will be confounded and unable to claim!
(l) Answer (Rav Papa): No - he saw that I seated him, he realizes that only the messenger is upset with him.
(m) (Rabah bar Rav Huna): If a Chacham and ignoramus (Shimon) have a case with each other, the Chacham may not come in front of the judge before Shimon, lest Shimon suspect that the Chacham was pleading his case;

1. If the Chacham normally learns with the judge at this time, it is permitted, Shimon will assume they were learning.

(n) (Rabah bar Rav Huna): If a witness is a greater Chacham than the judges, and it is a disgrace for him to go to testify in front of them, he should not go.
(o) Support (Rav Shisha brei d'Rav Idi - Mishnah): If one finds a bag or box (in a situation where the Mitzvah of returning a lost object applies), if it is below his dignity to carry it (he would not take it if it was his own), he is exempt.

1. Rabah's law only applies to monetary cases, but if the testimony will prevent people from transgressing, "Ein Chachmah v'Ein Tevunah v'Ein Etzah l'Neged Hash-m" - we do not honor a Chacham if it will cause Chilul Hash-m (transgressions).

(p) Rav Yeimar knew testimony for Mar Zutra; Ameimar told everyone to sit.
(q) Question (Rav Ashi): But Ula taught that R. Yehudah and Chachamim only argue regarding the parties, but all agree that the witnesses must stand!
(r) Answer (Ameimar): It is an Mitzvas Ase for the witnesses to stand, and an Ase to honor Chachamim;

1. The Ase to honor Chachamim takes precedence.

(a) (Beraisa): We learn the following laws from "Mi'Devar Sheker Tirchak":

1. A judge should not strive to defend his ruling if he believes that he erred;
2. A judge should not deliberate the case with an unlearned Talmid (lest this lead the judge to err);
3. A judge should not sit on a Beis Din with a judge whom he knows is a thief;
4. A witness should not give testimony with a witness whom he knows is a thief (even if the testimony is true, testimony of a thief is invalid);
5. If a judge knows that the testimony is false, he may not rule according to it (and let the witnesses bear the blame)