Sanhedrin

Raba  said: Our Mishnah refers to a case of Kenas,  the other teachings  to the admission and transaction of loans. R. Papa said:  Both this and the other teachings deal with the admission and transaction of loans. In our Mishnah, however, the suit is [suspected of being] dishonest,  while in the other,  the claim is [i.e., appears] genuine. This agrees with Resh Lakish, for Resh Lakish opposed [two verses to each other]: It is written, In justice  shalt thou judge thy neighbour;  but elsewhere, Justice, justice shalt thou follow.  How so? — The latter refers to a suit suspected to be dishonest; the former, to an [apparently] genuine claim. R. Ashi said: The [contradictory] teachings are reconciled as above;  but as for the [Scriptural] verses, one  refers to a decision based on strict law, the other to a compromise. As it has been taught: Justice, justice shalt thou follow; the first [mention of justice] refers to a decision based on strict law; the second, to a compromise. How so? — E.g., where two boats sailing on a river meet; If both attempt to pass simultaneously, both will sink,  whereas, if one makes way for the other, both can pass [without mishap]. Likewise, if two camels met each other while on the ascent to Beth-Horon;  if they both ascend [at the same time] both may tumble down [into the valley]; but if [they ascend] after each other, both can go up [safely]. How then should they act? If one is laden and the other unladen, the latter should give way to the former. If one is nearer [to its destination] than the other,  the former should give way to the latter. If both are [equally] near or far [from their destination,] make a compromise between them, the one [which is to go forward] compensating the other [which has to give way]. Our Rabbis taught: Justice, justice shalt thou follow, means, Thou shalt follow an eminent Beth din, as for example, [follow] R. Eliezer [b. Hyrkanus] to Lydda.  or R. Johanan b. Zakkai to Beror Hail.  It has been taught: The noise of grindstones at Burni  [announced] a circumcision  [was being performed]; and the light of a candle [by day, and many candles by night] at Beror Hail, showed that a feast [was being celebrated] there. Our Rabbis taught: justice, justice shalt thou follow,' this means, Follow the scholars to their academies. e.g.. R. Eliezer to Lydda, R. Johanan b. Zakkai to Beror Hail,  R. Joshua to Peki'in,  Rabban Gamaliel [II] to Jabneh,  R. Akiba to Benai Berak,  R. Mathia to Rome,  R. Hanania b. Teradion to Sikni,  R. Jose [b. Halafta] to Sepphoris. R. Judah b. Bathyra to Nisibis,  R. Joshua  to the Exile,  Rabbi to Beth She'arim,  or the Sages  to the chamber of hewn stones. CIVIL SUITS MAY BE OPENED EITHER FOR ACQUITTAL etc. What is said?  Rab Judah said: We speak thus to them:  Who can tell that it is as ye say?  'Ulla objected: But do we not thereby shut their lip?  — Then let them be shut! Has it not been taught: R. Simeon b. Eliezer said: The witnesses are moved from place to place,  that they  may become confused, and withdraw [their evidence].  What comparison is there! In that case, they are automatically repelled, whereas here, we repel them by our own act! But, said 'Ulla: We say thus: Have you [sc. the defendant] any witnesses to refute them?  Rabbah demurred: Can we then open the defence of one in a manner which involves the condemnation of another?  — But does this really involve his condemnation? Have we not learnt: Witnesses declared Zomemim are not executed unless the verdict has [already] been given!  — I mean this: Should the defendant remain silent until the verdict is given, and then produce witnesses and refute the others, it involves their condemnation?  — Therefore Rabbah said: We say to him: Have you any witnesses to contradict them? R. Kahana said: [We open the defence by saying,] From your words it appears that so and so is not guilty.  Abaye and Raba both say: We say to him: If you did not commit the murder, have no fear. R. Ashi says: [We begin thus:] Whoever knows anything in his [sc. the accused's] favour, let him come forward and state it. It has been taught in agreement with Abaye and Raba: Rabbi said, If no man have lain with thee and if thou hast not gone aside to uncleanness, etc.;