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Sanhedrin 29a

סנהדרין כ״ט ע״א

Learn Sanhedrin 29a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Sanhedrin 29a in Gemara Clarity

Topic

Biased witnesses and judges, how the court questions עדים and reaches a verdict, and when an admission of debt is binding, including the rule for a מסית.

Overview

This amud finishes the story of מר עוקבא. He refused to judge his former in-laws, not because they were still relatives, but because they would not obey the ruling. The גמרא then explains the משנה's 'friend' and 'enemy' who cannot testify. A groomsman counts as a friend for a limited time. The enemy rule comes from a פסוק, the friend rule from סברא, and the רבנן use the same פסוק for biased judges and for scholars who hate each other. A new משנה describes how עדים are questioned one at a time, how the judges vote and announce the verdict, and that a judge may not reveal he was outvoted. The גמרא discusses what words are used to scare the עדים, and that an admission of debt counts only when it is made deliberately before witnesses. A borrower who says 'I was teasing you' is exempt, though the court will not raise that claim for him. In capital cases the court argues for the defendant, except for a מסית, as learned from a פסוק and from the snake in גן עדן. This leads to the lesson that whoever adds ends up subtracting. אביי then begins to limit the 'teasing' rule, which continues on the next amud.

Opening lines

קְרוֹבִים וְנִתְרַחֲקוּ הֲווֹ.

They had been relatives and became unrelated.

אֲתוֹ לְקַמֵּיהּ לְדִינָא.

They came before him for a court case.

אֲמַר לְהוּ: פְּסִילְנָא לְכוּ לְדִינָא.

He said to them: I am disqualified from judging you.

אֲמַרוּ לֵיהּ: מַאי דַּעְתָּיךְ?

They said to him: What is your reasoning?

The steps (46)

  1. StatementFormer relatives come to מר עוקבא, and he refuses to judge them
  2. ChallengeThe litigants challenge him: the הלכה is not like רבי יהודה
  3. Resolutionמר עוקבא explains his real reason: they won't obey the ruling
  4. StatementQuoting the משנה: a 'friend' means a groomsman
  5. QuestionHow long is the groomsman disqualified?
  6. Responseרב: all seven days of the wedding feast
  7. Statementרבא: only the wedding day itself
  8. StatementThe enemy: source from the פסוק
  9. QuestionWhere do we learn that a friend is disqualified?
  10. ResponseRead the פסוק as including the friend too
  11. ChallengeIs 'friend' really written in the verse?
  12. ResolutionDisqualifying a friend comes from logic
  13. QuestionWhat do the Rabbis learn from this verse?
  14. ResponseOne part teaches about a judge
  15. ResponseThe other part: two scholars who hate each other
  16. StatementHow the court begins examining the witnesses
  17. StatementWhat counts as valid testimony about a debt
  18. StatementQuestioning the second witness and comparing their testimony
  19. StatementThe majority of judges decides the verdict
  20. StatementWhen one judge says 'I do not know,' more judges are added
  21. StatementThe senior judge announces the verdict
  22. StatementA judge may not reveal that he was outvoted
  23. QuestionWhat words are used to warn the witnesses?
  24. Responseרב יהודה: warn them that lying brings drought
  25. Challengeרבא: a drought won't scare a craftsman
  26. Responseרבא's warning: a false witness is like a deadly weapon
  27. Challengeרב אשי: people believe no one dies before his time
  28. ResponseFalse witnesses are despised even by those who hire them
  29. StatementNew section: a witness must say the borrower admitted in front of them
  30. ProofThe משנה supports רב יהודה: the borrower must say 'You are my witnesses'
  31. Proofרבי יוחנן: someone who says 'I was joking' is exempt
  32. ProofA ברייתא teaches the same 'I was joking' ruling
  33. StatementHe is exempt even when witnesses were hidden behind a fence
  34. StatementThe court does not argue on behalf of a מסית
  35. ChallengeWho mentioned a מסית at all?
  36. ResolutionWords are missing from the ברייתא
  37. QuestionWhy is a מסית different?
  38. ResponseThe פסוק says not to spare or cover for him
  39. StatementA second source: the first snake
  40. ProofThe snake was not defended because he did not defend himself
  41. QuestionWhat defense could the snake have used?
  42. ResponseThe teacher's words beat the student's words
  43. StatementWhoever adds ends up subtracting
  44. ProofA second source: an extra letter in the ארון's measurement
  45. ProofA third source: eleven curtains
  46. Statementאביי limits the exemption to someone who says he was teasing