Soncino English Talmud
Sanhedrin
Daf 31a
The Nehardeans said: Even if one testified that it was an old maneh, and the other declares that it was new, we combine [their testimony]. With whom does this agree: with R. Joshua b. Korha? But tell me! when did you learn that R. Joshua b. Korha ruled thus? Only where they are not contradictory: Yet did he rule so even where they contradict each other? — But they [i.e., the Nehardeans] agree with the following Tanna: For it has been taught: R. Simeon b. Eleazar said: Beth Shammai and Beth Hillel do not differ with respect to two sets of witnesses, [of which] one attests a debt of two hundred [zuz] and the other of one hundred [a maneh]: since one hundred is included in two hundred. They differ only where there is but one set. Beth Shammai say, Their testimony is sundered, but Beth Hillel maintain, Two hundred include one hundred. If one witness attests [the loan of] a barrel of wine, and the other, of a barrel of oil: — such a case happened, and it was brought before R. Ammi, who ordered him [the defendant] to repay a barrel of wine out of [the value of] the barrel of oil. In accordance with whom? With R. Simeon b. Eleazar [as above]! But might it not be said that R. Simeon b. Eleazar ruled so only [of a case such as the former,] where a hundred zuz is certainly included in two hundred. Did he however rule thus in such a case as this? — This holds good only in respect to the value thereof. If one deposes, It [e.g., the loan] was given in the upper storey, and the other declares, In the lower storey, — R. Hanina said: It happened that such a case was brought before Rabbi and he combined their evidence. AND WHENCE DO WE KNOW etc. Our Rabbis taught: Whence do we know that when he goes out he must not say: I was for acquittal, whilst my colleagues were for condemnation; but what could I do, seeing that they were in the majority? — Scripture states: Thou shalt not go up and down as a talebearer among thy people, and further, He that goeth about talebearing revealeth secrets. It was rumoured of a certain disciple that he revealed a matter stated [as a secret] in the Beth ha-Midrash twenty-two years before. So R. Ammi expelled him from the Beth ha-Midrash saying: This man revealeth secrets. MISHNAH. WHENEVER HE BRINGS PROOF, IT CAN UPSET THE VERDICT. BUT IF THEY HAVE TOLD HIM: 'ALL THE PROOFS WHICH YOU MAY HAVE YOU MUST PRODUCE WITHIN THIRTY DAYS:' IF HE DIES SO WITHIN THIRTY DAYS, IT UPSETS [THE DECISION]. AFTER THIRTY DAYS, IT DOES NOT. BUT RABBAN SIMEON B. GAMALIEL SAID: WHAT IS HE TO DO WHO DID NOT FIND [FAVOURABLE EVIDENCE] WITHIN THE THIRTY DAYS, BUT ONLY THEREAFTER? IF THEY HAVE SAID TO HIM, 'BRING WITNESSES,' AND HE ANSWERED, 'I HAVE NONE,' OR, 'BRING PROOF,' AND HE REPLIED, 'I HAVE NONE:' YET SUBSEQUENTLY HE PRODUCED PROOF, OR FOUND WITNESSES, IT IS OF NO VALUE. SAID RABBAN SIMEON B. GAMALIEL: WHAT IS HE TO DO WHO DID NOT KNOW THAT WITNESSES WERE AVAILABLE, BUT FOUND THEM AFTERWARDS; OR THAT THERE WAS PROOF, YET DISCOVERED IT LATER? IF ON SEEING THAT HE WAS ABOUT TO BE CONDEMNED HE SAID: 'ADMIT SO AND SO TO TESTIFY IN MY FAVOUR,' OR PRODUCED [DOCUMENTARY] PROOF FROM HIS FUNDA, IT IS VALUELESS. GEMARA. Rabbah son of R. Huna said: The halachah rests with Rabban Simeon b. Gamaliel. Rabbah son of R. Huna also said: The halachah does not rest with the Sages. But is this not obvious; since he says that the halachah rests with Rabban Simeon b. Gamaliel it automatically follows that the halachah is not as the Sages? — I might have thought that his ruling holds good only at the outset; but once it [i.e., the reverse] has been done, it is correct: therefore he informs us that even then, it [the decision] is reversed. IF THEY SAID TO HIM: 'BRING WITNESSES,' etc. … SAID RABBAN SIMEON B. GAMALIEL etc. — Rabbah son of R. Huna said in R. Johanan's name: The halachah rests with the Sages. Rabbah son of R. Huna also said in R. Johanan's name: The halachah does not rest with Rabban Simeon b. Gamaliel. But is this not obvious; since he said that the halachah rests with the Sages it follows automatically that the halachah does not rest with Rabban Simeon b. Gamaliel? What he teaches us is this: Only in this case is the halachah not as Rabban Simeon b. Gamaliel holds; whereas in all other cases, the halachah rests with him. Thus he opposes the dictum of Rabbah b. Bar Hana in the name of R. Johanan, viz., Wherever Rabban Simeon b. Gamaliel's view is taught in our Mishnah, the halachah rests with him, except in [the following three cases]: 'Areb, Zidon and 'the latter proof'. A lad was once summoned for a [civil] suit before R. Nahman. The latter asked him: 'Have you any witnesses?' He answered: 'No.' 'Have you any [documentary] proof?' 'No,' was the reply. Consequently, R. Nahman ruled him to be liable. As he went along weeping, some people heard him and said to him, 'We know your father's affairs.' Said R. Nahman: In such a case even the Rabbis agree that the youth is not expected to know his father's affairs. A certain woman produced a note of a debt, but said to him: 'I know that this bill was discharged.' R. Nahman believed her. Said Raba to him: According to whose view [did you act]? According to Rabbi who said: [Ownership of] 'letters' is acquired through delivery? This case is different, he replied, since she could have burnt it, had she desired. Others say, R. Nahman did not believe her. Thereupon Raba objected: But had she desired,