Soncino English Talmud
Sanhedrin
Daf 3a
If it be so, [that cases of indebtedness require three, why does R. Abbahu say that the Tanna adds an explanatory clause, and not simply that] the Mishnah teaches two separate laws; viz. MONETARY cases are tried by three laymen whilst cases of LARCENY AND MAYHEM are tried by three Mumhin. Moreover, if the two clauses merely explain each other, why mention 'three' in each? — indeed, said Raba, the Tanna teaches two separate laws; and cases of indebtedness need no Mumhin for the reason given above by R. Hanina. R. Aha the son of R. Ika says: According to Scriptural law, even a single person is competent to try cases of indebtedness as it is said: In righteousness shalt thou judge thy neighbor. Three, however, are needed in case traffickers presume to act as judges. But even with the provision of three might they not all be traffickers? — It is, however unlikely that none of them should have any knowledge of the law. If this be so, they should be exempt from liability in case they erred? — But how much more would traffickers presume in such circumstances to act as judges! Wherein then lies the difference between Raba and R. Aha the son of R. Ika [since both agree that mere laymen are competent]? Their difference centres round the opinion of Samuel who said: 'if two [laymen] have tried a monetary case, their decision holds good. but they are called a presumptuous Beth din.' Whereas Raba does not agree with Samuel, R. Aha does agree with him. CLAIMS FOR FULL OR HALF DAMAGES etc. Do not FULL DAMAGES come under the category of MAYHEM [why then this specification]? — Since the Tanna had to state HALF DAMAGES he mentions, also FULL DAMAGES. But is not HALF DAMAGES also included in the same category? — The Tanna speaks of two classes of payment — kenas [fine] and indemnity. This opinion would be in accord with the Amora who considers HALF DAMAGES kenas, but how meet the difficulty according to the one who regards it as indemnity? — Since the Tanna had to state DOUBLE AND FOUR- OR FIVE-FOLD RESTITUTION, which is an indemnity
Sefaria
Mesoret HaShas