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

Sanhedrin 41

What are witnesses asked during a trial? We know that, in American jurist prudence every witness is asked to state their names and swear to tell the truth and nothing but the truth. But there are lots of questions that are specific to THAT trial (and not others). We learn on our daf that this is the difference between ḥakirot (interrogations), and bedikot (examinations).

The Mishna on yesterday’s daf, gave us 7 specific ḥakirot (interrogations). These are asked of every witness, no matter what. If they cannot answer one of these questions, their testimony is thrown out!

Today, we learn about bedikot (examinations). These are specific to the case and, if a witness cannot answer one of these questions, their testimony is still valid.

The Gemara suggests: Come and hear proof from the mishna: An incident occurred, and ben Zakkai examined the witnesses about the stems of figs.

Can you imagine? You’re going to testify about a crime in which the punishment is the death penalty, and the judge asks you: This fig tree about which you are testifying, were its stems thin or were its stems thick? Were the figs on it black or were the figs white?

Lucky for those of us who don’t notice things like the thickness of fig stems – there is only one rabbi who would toss out your testimony for not remembering such a detail, Yochanan ben Zakkai. For everyone else, we can say we don’t remember and our testimony is still listened to.

Makes me wonder if Yochanan ben Zakkai was just so attuned to details he expected that of everyone else, or if maybe, just maybe, he was against the death penalty and trying to find ways to ensure it was never issued.

Sanhedrin 40

Today’s gem is the promotion of a student to sit amongst the judges, all in a display of how far the court will go to acquit someone accused to a capital offense.

They open the deliberations with an appeal to anyone who can find a reason to acquit the accused. If one of the witnesses said: I can teach a reason to acquit him, or if one of the students sitting before the judges said: I can teach a reason to deem him liable, the judges silence him, i.e., both the witness and the student. The reason is that these people are not allowed to offer information such as this. But if one of the students said: I can to teach a reason to acquit him, they raise him to the seat of the court and seat him among them, and he would not descend from there the entire day, but would sit and participate in their deliberations. If the statement of that student has substance, the court listens to him. And if even the accused says: I can teach a reason to acquit me, the court listens to him and considers his statement, provided that his statement has substance.

Two true gems. The first is that they will listen to anyone and everyone if they can help find someone innocent. The second is the elevation of a student. May we all be so open to learning from others.

Sanhedrin 39

A beautiful lesson in humility today as the Roman Emperor challenges Rabban Gamliel, trying to argue that our God is nothing special.

The Roman emperor said to Rabban Gamliel: Your God is a thief, as it is written: “And the Lord God caused a deep sleep to fall upon the man and he slept; and He took one of his sides, and closed up the place with flesh instead” (Genesis 2:21).

So, first Emperor argues that God is a theif as God stole Adam’s rib. But, it’s not the Rabbi who will come to the rescue – but the Emperor’s own daughter!

The daughter of the emperor said to Rabban Gamliel: Leave him, as I will respond to him. She said to her father: Provide one commander [dukhus] for me to avenge someone’s wrongdoing. The emperor said to her: Why do you need him? She said to him: Armed bandits came to us this past night, and took a silver jug [kiton] from us, and left a golden jug for us. The emperor said to her: If so, would it be that armed bandits such as these would come to us every day. She said to him: And was it not similarly good for Adam the first man that God took a side from him and gave him a maidservant to serve him?

God took a rib and gave him a partner!! Not a bad deal indeed.

The emperor said to her: This is what I was saying: But if it is good for Adam, let God take his side from him in the open, not during the time of his deep sleep, like a thief.

If it’s so good, why did God do it at night?

She said to him: Bring me a slice of raw meat. They brought it to her. She placed it under the embers, and removed it after it was roasted. She said to him: Eat from this meat. The emperor said to her: It is repulsive to me. Although he knew that this is how meat is prepared, seeing the raw meat made it repulsive to him. She said to him: With regard to Adam the first man as well, had God taken her from him in the open, she would have been repulsive to him. Therefore God acted while Adam was asleep.

Got to love this young woman teaching her dad! Fabulous example of jus tone of the amazing women in the Talmud.

Now, the EMperor has another challenge.

The emperor said to Rabban Gamliel: I know your God, what He does and where He sits. Meanwhile, the emperor was moaning and groaning. Rabban Gamliel said to him: What is this? Why are you in distress? The emperor said to him: I have one son in the cities overseas and I miss him. Rabban Gamliel said to him: I want you to show him to me. The emperor said: Do I know where he is? Rabban Gamliel said to him: If you do not know that which is on earth, is it possible that you do know that which is in the heavens?

The conversation with the Emperor continues. Another highlight:

Some say that this is what the emperor said to him: I have counted the stars. Rabban Gamliel said to him: Tell me how many teeth and incisors you have. The emperor put his hand in his mouth and was counting them. Rabban Gamliel said to him: You do not know what is in your mouth, but you do know what is in the firmament?

I love these answers. So often the questions asked about God do not come from a genuine place of curiosity, but from an accusatory one (like the first) or an arrogant one (like the latter). We think we know so much that there can’t be a God (I’m looking at you Neil Degrasse Tyson), but we don’t that much.

Sanhedrin 38

Another fabulous daf! While every word is amazing, I will give you two great one liners and then the real gem: Why were people created right before Shabbat (and last of all God’s creations)?

Your first one liner: When wine enters, secrets emerge.

And your second: It is taught in a baraita: Rabbi Meir would say: One person is different from another in three ways: In voice, in appearance, and in thought.

And the gem, why were we created on the eve of Shabbat?

So that if a person becomes haughty, God can say to him: The mosquito preceded you in the acts of Creation, as you were created last.

Boom! Think you’re special? A mosquito was created before you. It continues:

Alternatively, he was created on Shabbat eve in order that he enter into the mitzva of observing Shabbat immediately. Alternatively, he was created on Shabbat eve, after all of the other creations, in order that he enter into a feast immediately, as the whole world was prepared for him.

Now we get a story.

This is comparable to a king of flesh and blood, who first built palaces [palterin] and improved them, and prepared a feast and afterward brought in his guests.

One of my favorite rabbinic answers to the question “how do we know there is a God if we can’t see God?” is derived from this. We usually tell it this way:

Imagine you enter a banquet hall. The tables are set with beautiful linens, china, silver, crystal glasses. The center pieces are beautiful bouquets of flowers that all compliment one anther. There are chairs for everyone and the food – it’s abundant, delicious and beautifully plated.

Who set the tables? Made the food? Someone . . .

So too it is with the world. We are born into this beautiful place with all we need. So, there must be someone who made it so.

Sanhedrin 37

One of the most incredible, fabulous, wonderful dapim we’ve had! It begins with Rabbi Zeira befriending “hooligans.” The rest of the rabbis judge him for dong so but they all repent because of him. And . . . it ends with: It is learned as a tradition that a woman does not conceive when she is standing during sexual intercourse, and yet, the mother of Shealtiel conceived while standing.

Can it get any better? In fact, the middle is one of the best sections of Talmud, one I have taught many times.

First, you must know that the first couple, Adam and Eve, originally had two sons, Cain and Abel. Cain killed his brother Abel.

As we found with Cain, who killed his brother, it is stated: “The voice of your brother’s blood [demei] cries out to Me from the ground” (Genesis 4:10). The verse does not state: Your brother’s blood [dam], in the singular, but rather: “Your brother’s blood [demei],” in the plural. This serves to teach that the loss of both his brother’s blood and the blood of his brother’s offspring are ascribed to Cain.

So, when Cain killed Abel, he also killed all the future generations that were to come from Abel.

Therefore, Adam the first man was created alone, to teach you that with regard to anyone who destroys one soul, i.e., kills one person, the verse ascribes him blame as if he destroyed an entire world, as Adam was one person, from whom the population of an entire world came forth. And conversely, anyone who sustains one soul, the verse ascribes him credit as if he sustained an entire world.

Save a life, save a world. Already, the best of the best, but there is more!

The mishna cites another reason Adam the first man was created alone: And this was done due to the importance of maintaining peace among people, so that one person will not say to another: My father is greater than your father.

We are all one family. We are all equal, and yet – none of us are the same:

And this serves to tell of the greatness of the Holy One, Blessed be He, as when a person stamps several coins with one seal, they are all similar to each other. But the supreme King of kings, the Holy One, Blessed be He, stamped all people with the seal of Adam the first man, as all of them are his offspring, and not one of them is similar to another. Therefore, since all humanity descends from one person, each and every person is obligated to say: The world was created for me, as one person can be the source of all humanity, and recognize the significance of his actions.

Each of us is the same and each of us is infinitely special. Each of us is an entire world. you are, I am, we are, precious.

Sanhedrin 36

Today, the Talmud gives us a lesson on how to make sure every voice is heard and every opinion accounted for.

The mishna teaches that in cases of capital law, the judges commence issuing their opinions from the side benches, where the least significant judges sit. The Gemara asks: From where are these matters derived? Rav Aḥa bar Pappa says: The verse states: “Neither shall you answer in a cause [al riv]” (Exodus 23:2), and the Sages interpret: Neither shall you answer after the Master [al rav], i.e., do not dispute the opinion of the greatest among the judges. Therefore, were the judges to commence issuing their opinions from the greatest of them, and he would say that the accused is liable, no judge would acquit him.

Often, leaders might genuinely want others’ opinions and insights, but power dynamics are a real thing. People don’t want to (nor do they often feel safe to) disagree with their superiors. So, one way to make sure every voice is heard is to follow the model given by the Talmud of having the lower ranking individuals voice their take on the situation first.

We can see in the highest offices how leaders can sometimes surround themselves with people who won’t contradict them. But the value of listening to others is paramount. One good way to hear what people really think is to let them speak first.

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.