2,711 pages of Talmud. A gem a day.

Sanhedrin 35

According to the National Center for State Courts’ (NCSC) study on how long people wait for trial, “The average time to disposition is 256 days for a felony case and 193 days for a misdemeanor. No court in the study meets the current national time standards.”

People can spend so much time in jail awaiting trial, they just plead guilty to whatever they are accused of so they can get our of prison. That’s not justice.

On our daf today, we learn that multiple courts are necessary, not just so the delay does not burden the people, but because God wants justice, and so it angers God when we let things fester.

The Gemara explains: Rather, the reason for the appointment of multiple courts was in order that the fierce anger of the Lord may turn away from Israel. The fierce anger of God would remain until those who engaged in idol worship were punished. Therefore, it was necessary to try them in due haste.

We seriously need to tackle our court backlog in this country.

Sanhedrin 34

We get a core teaching on our daf today – that one verse of Torah can give is many different meanings and laws.

Abaye says: As the verse states: “God has spoken once, twice I have heard this; that strength belongs to God” (Psalms 62:12). Abaye explains: One verse is stated by God and from it emerge several explanations, but one explanation does not emerge from several verses. Alternatively, the school of Rabbi Yishmael taught that the verse states: “Is not My word like as fire? says the Lord; and like a hammer that breaks the rock in pieces” (Jeremiah 23:29). Just as this hammer breaks a stone into several fragments, so too, one verse is stated by God and from it emerge several explanations.

So one verse or even one word of Torah can teach us many things – but the teachings of Torah are not redundant. We need each and every word, each and every letter. They are all precious and full of multitudes of meaning.

Sanhedrin 33

I used to love this Sesame song, “Everyone makes mistakes so why can’t you?” It’s such a great message. We all do make mistakes, But, as our daf tells us, while it might not be a big deal if we make mistakes, it IS a big deal when judges do.

When judges make mistakes when it comes to monetary law, the judge has to pay the defendant back! On our daf, Rabbi Tarfon makes one of these monetary mistakes and we get this great moment of him chastising himself: Rabbi Tarfon said: Your donkey is gone, Tarfon.

When do we re-open a case after the verdict has been given? Yesterday we learned that when it comes to a monetary case, if new evidence is found, then we reopen the case. But when it comes to a capital case, you only re-open the case if someone was found guilty and evidence has come to light that mught prove them innocent.

In capital law, the Sages taught: From where is it derived that with regard to one who is leaving the court having been found liable, and someone said: I have the ability to teach a reason to acquit him, from where is it derived that the court brings the accused back to be judged again? The verse states: The innocent you shall not slay, and the accused may in fact be innocent. And from where is it derived that with regard to one who is leaving the court, having been acquitted, and someone says: I have the ability to teach a reason to find him liable, from where is it derived that the court does not bring the accused back to be judged again? The verse states: “The righteous you shall not slay,” and the accused was found righteous in his trial.

The only exception to these rules is if the judge was so erroneous in his ruling that a child could have done better:

But if the judge erred in a matter for which the Sadducees admit to its validity, i.e., a matter that is written explicitly in the Torah, it is a topic that you could go learn in a children’s school, and such an error negates the verdict and is reversed.

So, while Big Bird sings “everyone makes mistakes” to kids, you don’t get that wiggle room as a judge.

Sanhedrin 32

“Justice, justice, shall you pursue,” tzedek, tzedek tirdof – Deut. 16:11. We say, it often, we quote it, we try to live it. But what does it mean? Our rabbis give a few ideas on our daf today.

As it is taught in a baraita: When the verse states: “Justice, justice, shall you follow,” one mention of “justice” is stated with regard to judgment and one is stated with regard to compromise. How so? Where there are two boats traveling on the river and they encounter each other, if both of them attempt to pass, both of them sink, as the river is not wide enough for both to pass. If they pass one after the other, both of them pass. And similarly, where there are two camels who were ascending the ascent of Beit Ḥoron, where there is a narrow steep path, and they encounter each other, if both of them attempt to ascend, both of them fall. If they ascend one after the other, both of them ascend.

So the repetition is that we should live with both justice and compromise.

The Sages taught: The verse states: “Justice, justice, shall you follow.” This teaches that one should follow the best, most prestigious, court of the generation.

So, the most just of the just!

The Sages taught: The verse states: “Justice, justice, shall you follow.” This teaches that one should follow the Sages to the academy where they are found. For example, follow after Rabbi Eliezer to Lod, after Rabban Yoḥanan ben Zakkai to Beror Ḥayil, after Rabbi Yehoshua to Peki’in, after Rabban Gamliel to Yavne, after Rabbi Akiva to Bnei Brak, after Rabbi Matya to Rome [Romi], after Rabbi Ḥananya ben Teradyon to Sikhnei, after Rabbi Yosei to Tzippori, after Rabbi Yehuda ben Beteira to Netzivin, after Rabbi Yehoshua to the exile [gola], i.e., Babylonia, after Rabbi Yehuda HaNasi to Beit She’arim, and after the Sages in the time of the Temple to the Chamber of Hewn Stone.

So, go out and find the most just judges/courts/teachers. You go to them, don’t expect them to some to you.

By the way, these are just three interpretations that happen to be on our daf today, there are others!

A bonus gem.

We also see on our daf how, in times of persecution, the Jews still tried to keep holidays and customs in secret.

The Sages taught: When the gentile authorities issued decrees outlawing observance of the mitzvot, members of Jewish communities devised clandestine ways of indicating observance of mitzvot to each other. For example: If one produces the sound of a millstone in the city called Burni, this is tantamount to announcing: Week of the son, week of the son, i.e., there will be a circumcision. If one displays the light of a lamp in the city called Beror Ḥayil, this is tantamount to announcing: There is a wedding feast there, there is a wedding feast there.

We are so blessed to be living in places where we don’t have to hide our faith. But it’s not that way, even now, for all Jews. May we see a time when no one has to hide for fear of being persecuted for thier faith.

Sanhedrin 31

Today’s gem is how important it is to keep confidentiality.

The Gemara relates: There was a certain student, about whom a rumor emerged that he revealed a statement that was stated in the study hall and should have been kept secret, and the rumor emerged twenty-two years after the time the statement was revealed. Rav Ami removed him from the study hall as a punishment. Rav Ami said: This is a revealer of secrets and he cannot be trusted.

What a powerful story about keeping confidences. Even 22 years later.

Sanhedrin 30

Sometimes it takes a while for the greats to be recognized. Dr. Seuss’s first book was rejected by 27 different publishers before it was published in 1937. Van Gogh only sold 1 painting in his lifetime. Even the Beatles were turned down by record labels. All to say, sometimes the great ones are deemed not-so-great by those who should know better.

On our daf today, we learn of how someone who would become a great rabbi had to hustle to get the title “rabbi.”

The Gemara relates: Rabbi Shimon ben Elyakim was striving to ordain Rabbi Yosei, son of Rabbi Ḥanina, and was not successful in his attempts.

So, two rabbis want to ordain a third but they can’t get the support of a third to make it happen!

One day, Rabbi Shimon ben Elyakim was sitting before Rabbi Yoḥanan among Rabbi Yoḥanan’s other students. Rabbi Yoḥanan said to his students: Is there anyone who knows whether the halakha is in accordance with the opinion of Rabbi Yehoshua ben Korḥa, or not? Rabbi Shimon ben Elyakim said to him: This one, Rabbi Yosei, son of Rabbi Ḥanina, knows. Rabbi Yoḥanan said to him: If so, let him say. Rabbi Shimon ben Elyakim said to him: Let the Master ordain him first; since we are all in need of his wisdom, he is fit for ordination.

Here is their chance!

Rabbi Yoḥanan then ordained Rabbi Yosei, son of Rabbi Ḥanina.

He gets ordained under the premise that he will now teach some new law.

Rabbi Yoḥanan said to him: My son, tell me what you heard. Rabbi Yosei, son of Rabbi Ḥanina, said to him: This is what I heard: That Rabbi Yehoshua ben Korḥa concedes to the opinion of Rabbi Natan that it is unnecessary for the witnesses to testify together. Rabbi Yoḥanan was disappointed, and said: For this I needed to ordain him? Now that with regard to the main element of testimony, i.e., observing the incident, Rabbi Yehoshua ben Korḥa says we do not need both witnesses to see it together, with regard to their statement in court, is it necessary to explicate that there is no requirement that they testify together?

He didnt’ teach him anything! What he said was obvious and Rabbi Yohanan is upset.

Although the statement of Rabbi Yosei, son of Rabbi Ḥanina, was unnecessary, Rabbi Yoḥanan said to him: Since you ascended, i.e., you were ordained, you will not descend, even though it was in error. Rabbi Zeira said: Conclude from it that with regard to a great man, once he is ordained, even if it was due to mistaken judgment, he is ordained. The ordination is not canceled.

So, he was mad he ordained him, but didn’t take it away.

By the way, Rabbi Yosei ben Hanina became a prominent judge and is frequently cited in the Jerusalem Talmud. While he seems unimpressed on our daf, Rav Yochanan grew to consider him one of his most important students and eventually colleagues. You may remember from Bava Metzia that Tosei ben Hanina appears in Rabbi Zeira’s dream where he reports that his place in the upper realms was directly next to his teacher, the great Rabbi Yohanan.

Sanhedrin 29

One of the great lessons in life is that actions have consequences. But, what if you don’t care about the consequences?

On our daf, the judges are trying to sufficiently intimidate witnesses so that they tell the truth – but what will work?

The mishna teaches that the judges intimidate the witnesses. What do we say to them? Rav Yehuda says that this is what we say to them: It is stated: “As clouds and wind without rain, so is he who boasts himself of a false gift” (Proverbs 25:14). In other words, there will be no rain and no blessing from your deeds if you lie. Rava said to him: If so, false witnesses can say to themselves that they do not have to worry about this punishment, according to the folk saying: Seven years there was a famine, but over the craftsman’s door it did not pass. If the witnesses are not farmers, they do not need to worry over lack of rain. Consequently, they will disregard this concern.

Attempt #1: If you lie there will be no rain.

Response: I am not a farmer.

Rather, Rava said that we say this verse to them: “As a hammer, and a sword, and a sharp arrow, so is a man who bears false witness against his neighbor” (Proverbs 25:18), meaning that a false witness will die prematurely. Rav Ashi said to him: Here too, false witnesses can say to themselves a folk saying: Seven years there was a pestilence, but a man who has not reached his years did not die; everyone dies at his predestined time. Therefore, they will disregard this concern as well.

Attempt #2: If you lie you will die

Response: Everyone dies when they’re predestined to.

Rather, Rav Ashi said: Natan bar Mar Zutra said to me that we say to them that false witnesses are belittled even by those who hire them, and all the more so by others; as it is written that Jezebel said when she ordered witnesses to be hired to testify against Naboth: “And set two men, base fellows, before him, and let them bear witness against him, saying: You cursed God and the king” (I Kings 21:10). Even Jezebel, who gave the orders to hire them, called them “base fellows.”

Attempt #3: If you lie people will talk badly about you. Even the low of the low will look down on you.

Response: This one seems to work.

How powerful is shame in shaping behavior.

Sanhedrin 28

Today’s daf has a wonderful gem. The daf it’s very long and repetitive, discussing all the family members that are NOT allowed to testify against one another, be witnesses together and the like. It starts with children not testifying against parents, then parents against kids, then step parents, then uncles, then cousins, then second cousins!

The gem? The value of family and closeness that the daf believes we should have with even our not-so-immediate relative.

It reminds me of my friend Tova, years ago, saying she was flying out to her brothers graduation. Tova, I said, you don’t have a brother! Her mother had remarried and the man had a son who was graduating from college. Tova didn’t grow up with him and never lived with him, but he was her brother.

This daf is dedicated to the Tovas.

Sanhedrin 27

Lots of good stuff on today’s daf. I have to say that Sanhedrin is a great tractate so far.

The gem I want to highlight is how it’s our responsibility to take care of one another:

Isn’t it written: “And they shall stumble one upon another” (Leviticus 26:37)? This verse is homiletically interpreted to mean that the Jewish people shall stumble, one due to the iniquity of another, i.e., they are punished for each other’s sins, which teaches that all Jews are considered guarantors, i.e., responsible, for one another.

We are responsible for one another! We need to 1) take care of each other and 2) reprimand each other. Oh, so many times one Jewish person will do something immoral and the whole community will feel guilty. When you are such a tiny minority, then you need each Jew to really live an exemplary life! The Gemara continues:

There, in the verse in Leviticus, the reference is to a case where others had the ability to protest the sin but they did not protest. Consequently, they are punished for not protesting, regardless of any familial relationship they may have with the sinner.

Beautiful. We hold the guilt for others if we do not speak out. Hd we said something we might have changed things. Even if it didn’t, saying nothing makes us complicit. So, speak out.

Sanhedrin 26

Ever be around someone who assumes the worst about everyone? On today’s daf, we see that Reish Lakish was that kind of guy.

Rabbi Ḥiyya bar Zarnokei and Rabbi Shimon ben Yehotzadak were going to intercalate the year in Asya, as circumstances did not enable them to perform the intercalation of the year in Eretz Yisrael. Reish Lakish met them and joined with them. He said: I will go see how they do the deed, i.e., how the intercalation is performed practically. Reish Lakish saw a certain man plowing a field. He said to the other Sages: Look at this priest who is plowing during the Sabbatical Year. They said to him that he could say in his own defense: I am a hired worker [agiston] in the field, which belongs to a gentile. Therefore, it is permitted. Reish Lakish further saw a certain man pruning vines in the vineyards. He said to the other Sages: Look at this priest who is pruning vines during the Sabbatical Year. They said to him that he could say: I need the branches to make a bale [ekel ] for my olive press, i.e., a basket to hold olives for pressing. Since he is not pruning the vines for agricultural purposes but to use the branches, it is permitted for him to do so in the Sabbatical Year. Reish Lakish said to them, in a play on words: The heart knows whether he is doing so for a bale [ekel ], or whether he is saying this as deceit [la’akalkalot].

So, Reish Lakish comes to these rabbis wanting to learn how to inter-calculate the year. But, when he gets there he sees people doing things that he assumes are forbidden in the Sabbatical year. The rabbis keep telling him that he may be interpreting the situation incorrectly, that they might have a good excuse and not, in fact, be violating any rules. This is fascinating as Reish Lakish was a gang leader before he made teshuvah and became a rabbi. We have to wonder if he has either more street sense and these rabbis are too trusting, or if his history makes him simply assume the worst. Either way, it is a mitzvah to assume the best of others. Reish Lakish is certainly not doing that, and he is annoying the other rabbis:

After Reish Lakish continually bothered them with his comments, Rabbi Ḥiyya bar Zarnokei and Rabbi Shimon ben Yehotzadak said: This one is a nuisance. In order to rid themselves of him, when they reached the location where they intended to intercalate the year, they went up to the roof and took the ladder out from under them so that he would stay below and would not be able to join them.

It may come in handy to be judgmental – but right here in the middle of the Talmudic book about judges, we see that even judges don’t like judgmental people!