Discussions for this daf
1. Following the leader 2. Dayanim
DAF DISCUSSIONS - SANHEDRIN 36

Asher Breatross asked:

(a) The Gemara on that Amud quotes the Mishna that for capital cases we start with the youngest Dayan. Tosafos (DH Dinei Nefashos) says that the reason is because of the Pasuk: "Lo Ta'aneh Al Rav". He adds that this is not a concern by monetary cases. He then adds that "through questions one can answer".

What does this phrase mean? How does it fit in with capital and monetary cases?

(b) Tosafos then says that it is possible that the Pasuk of Lo Ta'aneh does not apply because it is written by capital cases. What does he then mean that "Lintos" applies to monetary cases. What is Lintos and what does it have to do with Lo Ta'aneh?

The Kollel replies:

(a) The Pasuk in Parshas Mishpatim states, "v'lo Sa'aneh al Riv (spelled Rav) Lintos Acharei Rabim l'Hatos." The Gemara learns from the fact that Riv is spelled Rav that we do not start with the greatest Dayan, lest the other Dayanim be reluctant to argue with him. Tosfos writes that we are only concerned with this Halachah in cases of Dinei Nefashos because we are afraid that we will be unlawfully harsh, whereas in cases of Dinei Mamonos there is no "harsh" or "lenient" ruling, for what is harsh to one of the parties is lenient to the other.

(b) The Maharsha explains the next phrase in Tosfos to be answering an assumed question: "How can we start with the Gadol in cases of Dinei Mamonos? The younger Dayan will abstain from voicing his opinion lest he differ with his teacher!" To this question Tosfos answers that althogh he may not directly differ with him, he may question his opinion, which will suffice. According to this understanding the Halachah of "Lo Sa'aneh Al Rav" applies to cases of Dinei Mamonos as well. However, the Halachah is only to abstain from starting with the Gadol when the Halachah will be affected, and in cases of Mamonos the Halachah will not be affected.

Tosfos suggests that the Pasuk does not refer to Dinei Mamonos at all, although there are those who apply the next word in the Pasuk -- "Lintos" -- to Dinei Mamonos, to tell us the Halachah that a Beis Din requires an odd number, and still we can apply the earlier words in the Pasuk to Dinei Nefashos alone.

D. Zupnik