Sanhedrin 28b
סנהדרין כ״ח ע״ב
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Topic
Which relatives by marriage may not testify, and whether a relationship that ends still disqualifies
Overview
This amud works out which relatives by marriage may not testify. רב was asked whether a man may testify about his stepson's wife, and the answer is that he may not. סורא and פומבדיתא report this answer with two different reasons, and the second reason is backed by a פסוק. The גמרא then asks why the משנה lists the stepfather's son. רבי ירמיה and רב חסדא explain that line in two different ways, and they disagree about the half-brother's half-brother. Next come rulings about the fathers of a bride and groom, who may testify for each other, and about a man's betrothed wife, whom he may not testify about because he already feels close to her. The גמרא sorts out a מחלוקת between רבי יהודה and רבי יוסי about the stepson and the brother-in-law. It then brings שמואל's ruling like רבי יוסי, which leads to a real case: רב יוסף could not uphold a gift document signed by two brothers-in-law. The amud ends with rulings on whether a former relative becomes fit again, and it opens a story about מר עוקבא's in-laws that continues on the next amud.
Opening lines
גְּוִילֵי.
scrolls of parchment.
בְּעוֹ מִינֵּיהּ:
They asked him:
מַהוּ שֶׁיָּעִיד אָדָם
What is the law, may a man testify
בְּאֵשֶׁת חוֹרְגוֹ?
about the wife of his stepson?
The steps (38)
- QuestionMay a man testify about his stepson's wife?
- ResponseThe סורא version: a husband is like his wife
- ResponseThe פומבדיתא version: a wife is like her husband
- ProofA פסוק proves that a wife is like her husband
- StatementQuoting the משנה: the mother's husband and his family
- ChallengeIsn't the stepfather's son just one's brother?
- Resolutionרבי ירמיה: The case is the half-brother's half-brother
- Statementרב חסדא allows the half-brother's half-brother to testify
- ChallengeThe Sages ask רב חסדא if he did not hear רבי ירמיה's teaching
- Resolutionרב חסדא: 'I did not hear it' means 'I do not agree'
- ChallengeAccording to רב חסדא, the original question comes back
- ResolutionThe משנה lists a paternal brother and a maternal brother
- StatementFathers of the bride and groom may testify for each other
- StatementA man may testify for his betrothed wife
- StatementOnly when the testimony takes money away from her
- RejectionHe is not believed either way
- QuestionWhat was the lenient view based on?
- ResponseThe source: עולא's rule that a betrothed wife is not like a relative
- RejectionTestimony is about closeness, not legal kinship
- StatementTwo teachings argue about the stepson and the brother-in-law
- QuestionFirst reading: both relatives are disqualified alone
- ChallengeThen whose view is the משנה?
- ResolutionSecond reading: each limits only one relative
- ChallengeThen whose view is רבי חייא's 'twenty-four'?
- ResolutionA new reading: the משנה follows רבי יהודה and the ברייתא follows רבי יוסי
- Statementשמואל rules like רבי יוסי
- Statementרב יוסף wants to accept a gift document signed by two brothers-in-law
- Challengeאביי: maybe שמואל meant the רבי יוסי of the ברייתא
- Resolutionרב יוסף proves שמואל meant the lenient רבי יוסי
- RejectionMaybe שמואל mentioned the brother-in-law link as the real reason
- Statementרב יוסף tries to save the gift through the handover witnesses
- ChallengeEven רבי אלעזר rejects a document with invalid signatures
- Conclusionרב יוסף cannot validate the gift
- Statementרב rules like רבי יהודה
- Statementרב נחמן and רבי יוחנן rule against רבי יהודה
- StatementAnother version: רבי יוסי הגלילי's דרשה about a former relative
- Statementרבי יוחנן rules like רבי יוסי הגלילי
- StatementA story begins: the sons of מר עוקבא's father-in-law