REVACH L'DAF
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SUMMARY
1. Only men, non-relatives, and valid witnesses are Chayav a Korban if they swear falsely that they are not aware of testimony.
2. Rebbi Meir maintains that a person who swears a Shevu'as ha'Edus on his own is Chayav even if he swore outside of Beis Din. The Chachamim disagree.
3. A witness is Chayav a Korban Oleh v'Yored for Shevu'as ha'Edus if he swore falsely b'Mezid.
4. If a witness swore Shevu'as ha'Edus falsely b'Shogeg, he is not Chayav a Korban.
5. It is a Mitzvah for the litigants to stand in the Beis Din. Rebbi Yehudah disagrees.
6. Everyone agrees that witnesses must stand in the Beis Din.
7. It is a Mitzvah to judge your friend favorably.
8. If two Dinim come in front of a Beis Din, the Din of a Talmid Chacham shall be judged first.
9. When a Talmid Chacham and an Am ha'Aretz come together for a Din, both the Talmid Chacham and the Am ha'Aretz shall be instructed to sit.
10. A Talmid Chacham who has a Din with an Am ha'Aretz shall not sit down in front of the Beis Din prior to the arrival of the Am ha'Aretz.
11. If it is a disgrace for a Talmid Chacham to testify in front of judges of lesser stature, he may refrain from testifying.
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A BIT MORE
1. Women, relatives, Gazlanim, and a king may not be witnesses. Therefore, they are exempt from a Korban for Shevu'as ha'Edus.
2. According to the Chachamim, there is no Chiyuv Korban for swearing Shevu'as ha'Edus outside of Beis Din even if the witness swore on his own.
3. He is Chayav a Korban if he was completely Mezid, or if he was Mezid regarding the Shevu'ah but Shogeg regarding the Korban, since he did not know he was Chayav a Korban for swearing falsely.
4. If at the time he swore he forgot that he was aware of the testimony, it is not regarded as a false Shevu'ah and he is exempt from a Korban.
5. Rebbi Yehudah says that he heard that if the litigants want to sit, they may do so. However, it is forbidden for one of them to sit while the other one stands.
6. Everyone also agrees that when the judges make their decision, the judges must sit and the litigants must stand.
7. If you see your friend act in a manner that could be construed either as a Mitzvah or as an Aveirah, you must construe his conduct as a Mitzvah.
8. If the Beis Din concludes that the law is Shuda d'Dayanei (no clear conclusion) and thus the judges may use their discretion to decide the case, they shall decide it in favor of a Talmid Chacham.
9. We must allow the Am ha'Aretz to sit because otherwise it will appear that the Beis Din is favoring the Talmid Chacham. However, the Am ha'Aretz may choose to stand if he wishes to do so.
10. This is because it might appear that the Talmid Chacham is attempting to sway the judge to his side. However, if the Talmid Chacham participates in a regular learning session with the judge, he may sit prior to the arrival of the Am ha'Aretz.
11. He may abstain from giving monetary testimony, but he must testify if it pertains to a Torah prohibition. For example, if a woman comes in front of Beis Din to receive permission to remarry and the Talmid Chacham is aware that her husband is alive, he is obligated to testify in order to prevent her from entering into a prohibited marriage.
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Index to Revach for Maseches Shevuos
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