Soncino English Talmud
Sanhedrin
Daf 7b
R. Josiah, or, according to others, R. Nahman b. Isaac, gave the following exposition: What is the meaning of the verse, O house of David, thus saith the Lord: Execute justice in the morning and deliver the spoiled out of the hand of the oppressor! Is it only in the morning that one acts as judge and not during the whole day? — No, it means: If the judgment you are about to give is clear to you as the morning [light], give it; but if not, do not give it. R. Hiyya b. Abba says: R. Johanan derived this from the following verse: Say unto wisdom, Thou art my sister. If the matter is as clear to you as is the prohibition of your sister [in marriage], give your decision, but not otherwise. R. Joshua b. Levi says: If ten judge a case, the chain hangs on the neck of all, Is not this self-evident? — This need not be stated except in reference to the case of a disciple who sits in the presence of his master, and allows to pass unchallenged an erroneous decision of his master. When a case was submitted to R. Huna he used to summon and gather ten schoolmen, in order, as he put it, that each of them might carry a chip from the beam. R. Ashi, when a terefah was submitted to him for inspection, sent and gathered all the slaughterers of Matha Mehasia, in order, as he put it, that each of them should carry a chip from the beam. When R. Dimi came [from Palestine] he related that R. Nahman b. Kohen had given the following exposition of the verse, The King by justice establisheth the land, but he that loveth gifts overthroweth it. If the judge is like a king, in that he needs no one's help, he establishes the land, but if he is like a priest who goes about threshing floors to collect his dues, he overthrows it. The members of the Nasi's household once appointed an incompetent teacher, and the Rabbis said to Judah b. Nahmani, the interpreter of Resh Lakish: Go and stand at his side as interpreter. Standing by him, he [Judah] bent down to hear what he wished to teach, but the teacher made no attempt to say anything. Thereupon R. Judah took as his opening text: Woe unto him who saith unto wood: Awake! — to the dumb stone: Arise! Can this teach? Behold, it is overlaid with gold and silver, and there is no breath at all in the midst of it; but the Holy One, blessed be He, [he proceeded], will call to account those who set them up, as it is written: But the Lord is in His holy Temple; let all the earth, keep silence before Him. Resh Lakish said: He who appoints an incompetent judge over the Community is as though he had planted an Asherah in Israel, for it is written: Judges and officers shalt thou appoint unto thee, and soon after it is said: Thou shalt not plant thee Asherah of any kind of tree. R. Ashi said: And if such an appointment be made in a place where scholars are to be found, it is as though the Asherah were planted beside the Altar, for the verse concludes with the words: beside the altar of the Lord thy God. Again, it is written: Ye shall not make with Me gods of silver or gods of gold. Is it only gods of silver and gold that may not be made, while those of wood are permitted? — The verse, says R. Ashi, refers to judges appointed through the power of silver or gold. Rab, whenever he was to sit in court used to say: Of his own free will he [the judge] goes to meet death. He makes no provision for the needs of his household, and empty does he return home. Would only that he returned [as clean of hand] as he came! When [at the entrance] he saw a crowd escorting him, he said: Though his excellency mount up to the heavens, and his head reach unto the clouds, yet he shall perish for ever like his own dung. Mar Zutra the Pious, as he was carried shoulder-high on the Sabbaths preceding the Pilgrimage Festivals [when he preached on the Festival Laws], used to quote the verse: For riches are not for ever, and doth the crown endure unto all generations? Bar Kappara said in a lecture: Whence can we derive the dictum of our Rabbis: Be deliberate in judgment? From the words: Neither shalt thou go up by steps upon My altar. For this is followed by: And these are the judgments … R. Eleazar said: Whence is it to be derived that a judge should not trample over the heads of the people? It is written: Neither shalt thou go up by steps [i.e. force thy way] upon My altar; and this is followed by: And these are the judgments. The same verse continues: which thou shalt set before them. It should have stated: which thou shalt teach them. R. Jeremiah, or according to some, R. Hiyya b. Aha, said: This refers to the insignia of the judges [which they have to set before the public]. R. Huna, before entering the Court, used to say: Bring forth the implements of my office: the rod; the lash; the horn; and the sandal. Again. it is written: And I charged your judges at that time. R. Johanan said: This is a warning to them to use the rod and lash with caution. Again: Hear [the causes] between your brethren and judge righteously. This, said R. Hanina, is a warning to the court not to listen to the claims of a litigant in the absence of his opponent; and to the litigant not to explain his case to the judge before his adversary appears. Shamoa' [hear], in the verse, can also be read, shammea'. R. Kahana, however, says: We can derive this rule from the verse: Thou shalt not take up [tissa] a false report [referring to the judge], which may be read, tashshi. As for the text quoted above, You shall judge righteously. Resh Lakish says that it means: Consider rightly all the aspects of the case before giving the decision. As for the words, Between a man and his brother … R. Judah says that this refers to disputes between brothers about trifles such as, for instance, who should occupy the lower and who the upper part of a house. And the stranger that is with him … This, says R. Judah, refers even to so insignificant a dispute as one concerning a stove and an oven. You shall not respect persons [lo takkiru] in judgment. R. Judah says this means: You shall not favour [lit. recognise] any one [even if he is your friend]; and R. Eleazar takes it to mean; You shall not estrange anyone [even if he is your enemy]. A former host of Rab came before him with a law-suit, and said: 'Were you not once my guest?' 'Yes,' he answered, [and what is your wish?]' 'I have a case to be tried,' he replied. 'Then,' said Rab,
Sefaria
Sukkah 55a · Song Of Solomon 3:7 · Yoma 86b · Shevuot 31a · Shabbat 145b
Mesoret HaShas