Sanhedrin 28a

סנהדרין כ״ח ע״א

Learn Sanhedrin 28a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Sanhedrin 28a in Gemara Clarity

Topic

The sources and limits of the rule that relatives cannot testify: which relatives, which kinds of testimony and cases, how many generations (רב and רבי אלעזר), and in-law cases

Overview

The גמרא finishes finding the sources for why relatives cannot be witnesses, all from the פסוק 'לא יומתו אבות על בנים ובנים לא יומתו על אבות'. The plural words teach that uncles, nephews, brothers and cousins are disqualified. רמי בר חמא tries to prove from logic that relatives also cannot pair up as witnesses about an outsider, but רבא knocks that proof down. The גמרא then learns it from the extra word 'ובנים'. Repeated words in the פסוק teach that the mother's relatives are included, and that a relative cannot testify even in his relative's favor. 'משפט אחד' extends all of this to money cases. Next, רב says his son cannot testify about רב's uncle (third generation with first). After several attempts to find this in the משנה, the גמרא concludes that רב agrees with רבי אלעזר on that point but disagrees with him about third with second. Each view is explained from the same פסוק. Finally, רב נחמן and עולא show that several in-law cases are already in the משנה when its list is read from the other relative's side. A new story about רב begins and continues on the next amud.

Opening lines

The steps (34)

1. StatementSumming up what we have found so far
2. StatementBrothers are disqualified all the more so
3. QuestionWhere do we learn that cousins are disqualified?
4. ResponseThe extra plural 'בנים' teaches that cousins are disqualified
5. QuestionCan relatives testify together about someone else?
6. Responseרמי בר חמא: it is logic, based on how הזמה works
7. Challengeרבא challenges using the case of three brothers
8. RejectionExposing a false witness comes from outside witnesses
9. ResponseA new source from the plural word 'and children'
10. QuestionWhat is the source for relatives from the mother's side?
11. ResponseThe repeated word 'fathers' covers the mother's relatives
12. QuestionWhat about testimony that helps a relative?
13. ResponseThe double 'יומתו' teaches that relatives cannot testify in each other's favor
14. QuestionSource needed for money cases
15. Response'משפט אחד' makes money cases follow the same rule
16. Statementרב: my uncle's family and my family cannot testify about each other
17. ChallengeWhy is רב's son disqualified? The משנה doesn't list third-with-first
18. ResolutionThe משנה's 'son-in-law' means the son's son-in-law
19. ChallengeThen why not just say 'his son's son'?
20. ResolutionA side lesson: a husband counts like his wife
21. Challengeרבי חייא's count of twenty-four does not fit
22. ResolutionIt means his actual son-in-law, who counts as another generation
23. ChallengeThen it is third with second, which רב allows
24. Resolutionרב follows רבי אלעזר
25. ChallengeBut רבי אלעזר still disqualifies third with second
26. Resolutionרב agrees with רבי אלעזר on one point and disagrees on another
27. QuestionWhat is רב's source?
28. Responseרב learns one extra generation from 'and children'
29. Responseרבי אלעזר: whoever is disqualified about a father is disqualified about his children
30. Statementרב נחמן's three in-law relatives who may not testify
31. ProofThe משנה already teaches רב נחמן's cases
32. QuestionThe question in עולא's study hall about a father-in-law's relatives
33. Responseעולא: the משנה already answers this
34. StatementA story begins: רב came to buy