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SANHEDRIN 26
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SUMMARY

1. Originally, anyone who gathered fruit on Shvi'is would be Pasul to be a witness, but the Rabanan later decided that such people could be Kosher witnesses.
 
2. If one Se'ah of Terumah becomes mixed with one hundred Se'ah of Shvi'is it is Batel.
 
3. The Torah is called 'Tushiyah'.
 
4. In order for a person to become Pasul to be a witness, his disqualification must be announced by Beis Din.
 
5. A person who accepts Tzedakah from a non-Jew is Pasul to be a witness.
 
6. Rav Nachman states that a person who is suspected of Arayos is still a Kosher witness.
 
7. A sharecropper who steals in Nisan and Tishrei is Kosher to be a witness.

A BIT MORE

1. When it was prohibited to work the land on Shvi'is, the people who gathered the produce of Shvi'is were Pasul to serve as witnesses. However, when the government started forcing people to pay taxes on the produce of their fields, the Rabanan allowed people to work on their fields on Shvi'is because Shvi'is nowadays is only d'Rabanan. Once the Rabanan permitted people to work on their fields on Shvi'is, only people who engaged in commerce with produce of Shvi'is were Pasul to be witnesses, but the people who merely gathered the produce remained Kosher witnesses.
 
2. When Terumah becomes mixed with Chulin, it is Batel if the amount of Chulin in the mixture is one hundred times the amount of Terumah, but if the amount of Chulin is less than one hundred times the amount of Terumah, the entire mixture must be treated like Terumah and it must be sold to a Kohen. If Terumah becomes mixed with Shvi'is produce and there is not enough Shvi'is produce in the mixture for the Terumah to be Batel, the mixture must be left to rot. It may not be sold to a Kohen because Kohanim cannot be trusted to remove the Shvi'is produce from their possession when the time of Bi'ur arrives. Kohanim are suspected of violating the prohibition because they erroneously believe that they may eat Shvi'is after the Bi'ur just as they are permitted to eat Terumah and Kodshim.
 
3. The Torah is called Tushiyah for several reasons: because it weakens a person, because it was given quietly in order to avoid a challenge from the Satan, or because its words are the foundation of the world.
 
4. When a person becomes disqualified mid'Rabanan to testify in Beis Din, he does not become invalidated until Beis Din announces that he is Pasul. A Gazlan d'Oraisa, however, is Pasul without an announcement from Beis Din. There is a Machlokes between Amoraim regarding the disqualification of a shepherd. One opinion maintains that a shepherd is Pasul automatically, while another view maintains that a shepherd also becomes Pasul only after Beis Din has announced that he is disqualified.
 
5. If a person publicly accepts Tzedakah from a non-Jew when it was possible for him to have received the money privately, he is Pasul for testimony because he created a Chilul Hashem for the sake of receiving money.
 
6. A person who is suspected of Arayos is permitted to testify on most subjects. He is disqualified only from giving testimony that will permit a married woman to remarry.
 
7. A sharecropper who takes a little bit more than his share of the finished produce in Nisan and Tishrei is Kosher to be a witness. Such a sharecropper is not a conscious thief; he justifies taking more than his share because of the hard work he has done. He also regards himself as a day worker who is permitted to eat from the finished produce that he worked on. Since he takes from the produce only because he rationalizes that it should be permitted, he is not considered like a Gazlan.

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