Sanhedrin

CIVIL SUITS ARE TRIED BY DAY etc. (Mnemonic: Judgment, Answering, Inclining.) Whence is this derived? — R. Hiyya b. Papa said: From the verse, And let them judge the people at all times.  If so, even the beginning of the trial may [take place at night]! — It is as Raba explained. For Raba opposed [two verses]: It is written, And let them judge the people at all times;  but elsewhere it is said, And in the day that he causeth his sons to inherit.  How [can these be reconciled]? — The day is for the beginning of the trial, the night is for the conclusion of the trial. Our Mishnah  does not agree with R. Meir. For it has been taught. R. Meir used to say: What is meant by the verse, According to their word shall every controversy and every leprosy be?  Now, what connection have controversies with leprosies? — But controversies are assimilated to leprosies: just as leprosies [must be examined] by day, since it is written, And in the day when [raw flesh] appeareth in him,  so controversies [must be tried] by day; and just as leprosies cannot [be examined] by the blind,  for it is written, Wherever the priest looketh,  so controversies too may not be tried by the blind.  And leprosies are further compared to controversies: Just as the latter may not be tried by relatives, so the former may not be examined by relatives. Now, if so,  [one might argue,] that just as controversies must be tried by three, so must leprosies too [be examined] by three; moreover, it follows a minori,' [if questions affecting] one's wealth are [to be tried] by three, how much more so [when they concern] one's body! Therefore Scripture teaches, When he shall be brought unto Aaron the priest or unto one of his sons the priests,'  thus thou learnest that a single priest may examine leprosies. A blind man in the neighbourhood of R. Johanan used to try suits, and R. Johanan raised no objection. But how could he do so?  Did not R. Johanan himself say, The halachah is as [every] anonymous Mishnah.  and we learnt: He who is qualified to judge is qualified to testify; some, however, are qualified to testify but not to judge. Whereon R. Johanan said: This is to admit [as witness] one who is blind of one eye?  — R. Johanan found another anonymous Mishnah,  viz., CIVIL SUITS ARE TRIED BY DAY AND CONCLUDED BY NIGHT.  But why is this anonymous Mishnah more authoritative  than the other? — Either because an anonymous Mishnah which expresses the opinion of the majority is preferable;  or alternatively, because this Mishnah is taught in the tractate relating to legal procedure.  But how does R. Meir  interpret the verse, And let them judge the people at all times? — Raba answered: As including even a cloudy day.  For we learnt:  Leprosies may not be examined in the morning, in twilight, in the house, or on a cloudy day, for [then] a dull [spot] might appear bright,  at mid-day,  for a bright [spot] might then appear dull.  Now [again], according to R. Meir, what is the purpose of, And in the day that he causeth his sons to inherit?  — He utilises it, even as Rabbah b. Hanina recited before R. Nahman: And in the day he causeth his sons to inherit: only by day mayest thou assign estates, but not by night. Whereupon the other retorted:  If so, if one dies by day, his sons inherit, but should he die at night, they do not inherit! Perhaps you refer to the legal procedure in bequests.  For it has been taught: And it shall be unto the children of Israel a statue of judgment:  that invests the whole chapter with the force of judicial proceedings.  Thus [your dictum] will agree with that which Rab Judah said in Rab's name, viz.: If three [persons] come to visit a sick man,  they may, according to their desire, either record [his bequest],  or render a judicial ruling.  In case of two, however, they may write it down,  but not render a judicial ruling.  Whereon R. Hisda said: This  holds good by day; at night, however, they may indite the bequest, but not render a judicial ruling, since they are witnesses, and a witness cannot act as judge.  — He [Rabbah b. Hanina] answered: Yes, I meant it so. BUT CAPITAL CHARGES MUST BE TRIED BY DAY [AND CONCLUDED BY DAY]. Whence is this deduced? — R. Shimi b. Hiyya said: Scripture states, And hang [we — hoka'] them up unto the Lord in face of the sun.  Whence do we know that hoka'ah means hanging? — From the verse, And we will hang them up [we — hoka'anum] into the Lord in Gibeah of Saul, the chosen of the Lord.