Soncino English Talmud
Sanhedrin
Daf 30b
R. Simeon b. Eliakim was anxious for R. Jose son of R. Hanina to be ordained, but an opportunity did not present itself. One day, as he was sitting before R. Johanan, the latter asked them [the students]: 'Does anyone know whether the halachah rests with R. Joshua b. Korha or not?' R. Simeon b. Eliakim replied, 'This man here [R. Jose son of R. Hanina] knows.' 'Let him then answer,' said R. Johanan. Thereupon P. Simeon b. Eliakim said: 'Let the Master first ordain him.' So he ordained him and then asked: 'My son, what tradition in the matter have you heard?' — 'I heard,' replied R. Jose son of R. Hanina, 'that R. Joshua b. Korha agreed with R. Nathan [that the evidence need not be given simultaneously].' R. Johanan exclaimed: 'Is that what I wanted? If R. Joshua b. Korha maintained that the essential witnessing [of the act need not have been simultaneous, is it necessary [to state this] in reference to the giving of evidence [in court]! However, he concluded, since you have ascended, you need not descend.' R. Zera said: We may infer from this that once a great man is ordained, he remains so. R. Hiyya b. Abin said in Rab's name: The halachah rests with R. Joshua b. Korha in respect to both immovable and movable property. 'Ulla said: The halachah rests with R. Joshua b. Korha only in respect to immovable, but not movable property. Said Abaye to him: [Your statement as to the] halachah, implies that they [the Rabbis] dispute [thereon]: but did not Raba say in R. Huna's name in Rab's name: The Sages agree with R. Joshua b. Korha in respect to testimony concerning real estate? Moreover, R. Idi b. Abin learned in Karna's compilation [of Halachoth] on Nezikin: 'The Sages agree with R. Joshua b. Korha in respect to [evidence regarding] firstborns, real estate, Hazakah, and [the symptoms of puberty] in males and females likewise'?— Would you oppose man to man!One Master ['Ulla] holds that they differ: the other [R. Abba or R. Idi] holds that they do not. What is meant by, 'And [the symptoms of puberty] in males and females likewise'? Does it mean that one [witness] testified to [the appearance of] one hair on the part below [the genitals] and another to one hair on the part above? But that is both half of the necessary fact, and also half of the requisite testimony! — But it means that one testified to two hairs on the part below, and the other to two hairs on the part above. R. Joseph said: I state on the authority of 'Ulla that the halachah is as R. Joshua b. Korha says, in respect to both movable and immovable property. Whilst the Rabbis who came from Mehuza state that R. Zera said in Rab's name: [This ruling holds good only] in the case of movable, but not immovable property. Rab follows his own views. For he said: An admission after an admission, or an admission after a loan, may be combined. But a loan after a loan, or a loan after an admission cannot be combined. R. Nahman b. Isaac, on meeting R. Huna the son of R. Joshua, asked him: Wherein does a loan after a loan differ, so that it [the testimony] is not [combined]: because the [loan of a] maneh witnessed by one is not the same as that witnessed by the other? Then the same applies to an admission after an admission: the [debt of a] maneh which he admitted in the presence of one witness may not be the same as that which he admitted before the other witness! — It means that he declared to the latter (witness): 'Regarding the maneh which I have admitted in your presence, I have also made an admission in the presence of so and so.' Yet even then, only the latter would know [this], but not the former? — He [subsequently] went again and said to the first witness: 'The maneh which I admitted receiving in your presence, I also admitted receiving in the presence of so and so.' Thereupon [R. Nahman] said to him [R. Huna the son of R. Joshua]: 'May your mind be at ease as you have made mine.' Said he, 'Why at ease?' Did not Raba — others say, R. Shesheth — hurl a hatchet at this [answer]; viz., surely it is then identical with the case of an admission after a loan. Thereupon he [R. Nahman b. Isaac] said to him: 'This proves what I heard about you folk, that you tear down palm trees and set them up again.' The Nehardeans said: [In all cases,] whether of admission after admission, admission after loan, loan after loan, or loan after admission, the testimonies are combined. With whom does this agree? — With R. Joshua b. Korha. Rab Judah said: Testimony that is contradicted under examination, is valid in civil suits. Raba said: Logically, Rab Judah's ruling refers to such a case as where one witness says: '[I saw it paid] out of a black bag,' and the other says, 'Out of a white bag.' But if one declares, 'The money was old,'and the other says, 'The money was new,'their testimonies cannot be combined. But in criminal cases, are not testimonies combined where there are differences such as over the colour of a bag? Did not R. Hisda say: 'If one testifies that it [sc. the murder] was with a sword, and the other maintains, it was with a dagger, it is not valid evidence; whereas if one affirms that the colour of his garments was black, and the other that it was white, their evidence is valid'?
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