Sanhedrin 23b

סנהדרין כ״ג ע״ב

Learn Sanhedrin 23b step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Sanhedrin 23b in Gemara Clarity

Topic

Explaining the dispute between רבי מאיר and the רבנן about rejecting the other side's judge and witnesses, and how it relates to the rule of צריך לברר

Overview

The גמרא first explains why the argument between רבי מאיר and the רבנן about backing out of an agreement appears in two משניות. Each case could have made us think one side agrees with the other. It then challenges רב דימי's reading, because the משנה says 'his witnesses' in the plural. רבי אלעזר says instead that the litigant and another person come to disqualify the other side's witnesses. After the objection that the litigant is נוגע בעדותו, the גמרא explains that he is challenging the witness's family lineage. רבי מאיר accepts this as indirect testimony, and the רבנן reject it. רב דימי then reports רבי יוחנן's view: the dispute is about two sets of witnesses and depends on whether one must prove the witnesses he claims to have (צריך לברר). The גמרא asks whether this matches the argument between רבי and רבן שמעון בן גמליאל about a שטר and a חזקה. It concludes that the two arguments are not the same, because a חזקה depends on the שטר while separate sets of witnesses do not depend on each other. Finally, רבין begins a different report of what רבי יוחנן said, and it continues on the next amud.

Opening lines

The steps (24)

1. Statementרב דימי: The case is where he accepted just one
2. ResolutionBoth cases are needed: the 'father' case alone would not be enough
3. ResolutionBoth cases are needed: our case alone would not be enough
4. ChallengeChallenge: the משנה says 'witnesses' in plural
5. ResolutionThe litigant and another person disqualify the witnesses
6. ChallengeThe litigant has a personal interest
7. ResolutionHe only raised a challenge against the witness
8. QuestionWhat kind of challenge?
9. ChallengeA theft claim runs into the same problem
10. ResolutionThe challenge is about the witness's family lineage
11. Statementרבי יוחנן: the dispute is about two sets of witnesses
12. StatementWith one set of witnesses, everyone agrees he cannot disqualify them
13. QuestionRav Ami and Rav Asi ask about a case with only one set
14. ChallengeHow can they ask about one set of witnesses?
15. ResolutionThe real question: the second set turns out invalid
16. ResponseThe first witnesses already testified
17. QuestionIs this the same dispute as רבי and רבן שמעון בן גמליאל?
18. StatementBeing judged by a document or by possession
19. ChallengeCan a person really be judged by his חזקה and not by his שטר?
20. ResolutionRead it as "even by the חזקה"
21. StatementThey argue about צריך לברר
22. RejectionNo, רבי מאיר and the רבנן argue only within the view of רבי
23. ResolutionHow the רבנן can hold like רבי and still disagree
24. Statementרבין begins reporting רבי יוחנן's explanation of the first clause