Sanhedrin 8a
סנהדרין ח׳ ע״א
Learn Sanhedrin 8a step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
Proper conduct of judges and leaders (דברים 1:17), a court summons with three, three experts for fines, and why a מוציא שם רע case needs twenty-three
Overview
The amud opens by finishing a story: רב refuses to judge his host, who had done him favors, and sends רב כהנא, who warns the host that his tie to רב will not help him. The גמרא then explains דברים 1:17 phrase by phrase. A small-money case must not be pushed behind a big one. A judge must not hold back his opinion out of fear. Crooked judges make הקב״ה return the money to its owners. On whether משה was punished for saying 'bring the hard case to me,' רב נחמן בר יצחק points out that the פסוק says 'I will hear it,' and a ברייתא explains that the law of inheritance came through בנות צלפחד because they earned it. Two pairs of פסוקים teach that the people must respect the judge while the judge carries the people like a nurse carries a baby, and that a generation has one leader. Turning back to הלכה, the גמרא shows that 'זימון with three' means a court summons, which must come in the name of all three judges except on the set court day. It proves that דיני קנסות need three expert judges, so one expert is not enough. Finally, עולא and רבא give two explanations of why the חכמים require twenty-three judges for a מוציא שם רע case.
Opening lines
פְּסִילְנָא לָךְ לְדִינָא.
I am disqualified from judging for you.
אֲמַר לֵיהּ רַב לְרַב כָּהֲנָא:
Rav said to Rav Kahana:
פּוֹק דַּיְּינֵיהּ.
Go out and judge it.
חַזְיֵיהּ דַּהֲוָה קָא גָּאֵיס בֵּיהּ.
He saw that he was acting haughtily about it.
The steps (34)
- Statementרב refuses to judge his host and sends רב כהנא
- Statementרב כהנא puts the haughty host in his place
- StatementA small case must be as dear as a big case
- QuestionWhat practical rule does this teach?
- ResponseIt is about which case is heard first
- StatementDo not hold back your opinion out of fear
- StatementCrooked judges make ה׳ fix their damage
- Statementמשה was punished for 'bring the hard case to me'
- Challengeרב נחמן בר יצחק: משה only said 'I will hear it'
- ResolutionThe inheritance law came through the daughters because they earned it
- ChallengeTwo verses: commanding the judges versus commanding everyone
- ResolutionThe people must respect the judge, and the judge must bear with the people
- QuestionHow far must the judge bear with the people?
- ResponseLike a nurse carrying a nursing baby
- ChallengeTwo verses: 'you will go' versus 'you will bring'
- ResolutionOne leader for a generation, not two
- StatementA ברייתא: זימון is with three
- QuestionWhat does זימון mean here?
- ChallengeIt cannot simply mean ברכת זימון
- RejectionThe idea that the ברייתא is explaining itself is rejected
- Responseזימון means a court summons
- Proofרבא: a summons must come in the name of all three judges
- StatementOn a court day, one judge's name is enough
- QuestionHow many judges are needed for fines?
- ChallengeBut the משנה already says three
- ResolutionThe real question is about one expert judge
- ResponseYou learned it: fines need three
- ChallengeIt cannot mean three regular judges
- ConclusionThree experts are needed, so one is not enough
- StatementThe Rabbis: a defamer needs twenty-three
- ChallengeWhy does a possible capital side matter here?
- Resolutionעולא: The dispute is about worrying over rumors
- Resolutionרבא: The dispute is about honoring the first judges
- Resolutionרבא describes the exact case