[7a - 50 lines; 7b - 49 lines]

1)[line 2] !HAINU TANA KAMA!- this is [then the same opinion expressed by] the Tana Kama (quoted on 6a, last line) [who rules that a judge may not effect a compromise once the verdict has been delivered - implying that until that point he may do so]!

2)[line 2]MITZVAH- [that which a judge] ought to [offer the option of a compromise]

3)[line 4] HAINU D'REBBI SHIMON BEN MENASYA!- [the opinion of the Tana Kama] is [then the same opinion expressed by] Rebbi Shimon ben Menasya (quoted on 6b, line 40) [who rules that a judge may effect a compromise until he becomes aware of which side appears to have presented the winning argument]!

4)[line 5] MISHE'TISHMA DIVREIHEN- [whether or not a judge may effect a compromise] after he has heard their arguments [and is aware of who has presented the winning claim, but before the verdict has been delivered]

5)[line 7] U'FELIGA D'REBBI TANCHUM BEN CHANILA'I- and [those opinions expressed on 6b who interpret the verse of (a) " , '" "Botze'a Berech Ni'etz HaSh-m..." (6a, line 5; RASHI); (b) " ... ?" "Toras Emes Hayesah b'Fihu... v'Rabim Heshiv me'Avon" (6a, line 9; TOSFOS DH Keneged) in various ways] disagree with [the opinion of] Rebbi Tanchum ben Chanila'i

6)[line 8] MIKRA ZEH- this verse [of (a) "Botze'a Berech Ni'etz HaSh-m..." (6a, line 5; RASHI); (b) "Toras Emes Hayesah b'Fihu..." (6a, line 9; TOSFOS DH Keneged)]

7)[line 9] MA'ASEH HA'EGEL- [that which Aharon played a role in] the episode of the Golden Calf (Shemos 32:15-35)

8)[line 11]CHUR- son of Calev and Miriam from the tribe of Yehudah; he and his uncle Aharon were left as leaders of Klal Yisrael when Moshe Rabeinu was on Har Sinai for forty days and nights (Shemos 24:14)

9)[line 11] SHE'ZAVU'ACH LEFANAV- who was slaughtered before him. Chur was murdered when he attempted to stop Klal Yisrael from worshipping the Golden Calf (Vayikra Rabah 32:5). Our Gemara interprets the words " " "va'Yiven Mizbe'ach Lefanav" to mean that Aharon "understood from [he who was] slaughtered before him."

10)[line 13]" ' ""... IM YEHAREG B'MIKDASH HASH-M KOHEN V'NAVI"- "[... How was it possible that women should eat the fruit of their womb, the infants whom they pampered?] How was it possible that a Kohen and prophet should be murdered in the sanctuary of HaShm?" (Eichah 2:20). In the last part of this verse, HaSh-m answers the questions of how He allowed the atrocities committed against Klal Yisrael at the time of the destruction of the Beis ha'Mikdash. The reason was that hundreds of years earlier, Zecharyah son of Yehoyada the Kohen - not to be confused with Zecharyah ben Berechyah who prophesied in the early days of Bayis Sheini (see Background to Shekalim 13:40) - had been murdered by princes of Yehudah following the orders of King Yo'ash. Zecharyah had been standing in the Beis ha'Mikdash delivering a prophecy remonstrating against the worship of King Yo'ash as a god (Divrei ha'Yamim II 24:20-22). In the context of our Gemara, Aharon - who prophetically knew of this episode that was yet to unfold - was aware that the murder of an individual who is both a Kohen and Navi, as he himself was, is an unforgivable crime. (See Insights.)

11)[line 14] ()V'LO HAVYA LEHU TAKANTA (L'OLAM)- and they would not (ever) be able to make amends

12)[line 14] ...MUTAV D'LEI'AVDU L'EGEL...- better that they should serve the Golden Calf... According to Rebbi Tanchum ben Chanila'i, the verse in question (see above, entry #5) may be interpreted to mean (a) "And [Aharon] compromised his ideals to further the blasphemy of HaSh-m" (RASHI); (b) "[Aharon] turned many from [a greater] sin [by allowing them to worship the Golden Calf instead of murdering him]" (TOSFOS DH Keneged).

13)[line 16] HANEI TENA'EI- those Tana'im [who disagree with Rebbi Shimon ben Menasya and maintain that compromise is permitted even after the arguments have been heard and evaluated]

14)[line 17] DINO SHEL ADAM- a person's judgment [in the World to Come]

15)[line 18]" ""POTER MAYIM REISHIS MADON..."- "Self-exemption from Torah is the beginning of judgment..." (Mishlei 17:14). Torah is compared to water (Ta'anis 7a).

16a)[line 18] HAI TIGRA- an argument

b)[line 18] DAMYA L'TZINORA D'VIDKA D'MAYA- is similar to a rivulet of water that breaches the dike holding back a river

c)[line 19] , KEIVAN D'RAVACH, RAVACH- once it breaks through, it quickly widens [unless it is immediately brought under control]. Rav Huna suggests that the verse of "Poter Mayim..." may be read to mean, "Like water breaching a dike is the beginning of an argument..."

17)[line 19] ABAYEI KESHISHA AMAR- Abaye the elder suggested [another parable for the beginnings of an argument]

18a)[line 19] DAMI L'GUDA D'GAMLA- [it is] akin to the planks of a [new] bridge [which are at first loose and shaky]

b)[line 20] , KEIVAN D'KAM, KAM- once they become set in place, they remain there. RASHI explains that this parable is unrelated to a verse. TOSFOS (DH l'Guda) maintain that it is another interpretation of "Poter Mayim...," and that Abaye Keshisha reads the verse to mean, "Like that which enables one to avoid water (i.e., the bridge) is the beginning of an argument...."

19)[line 20]" " " " " SHAM"EI V'SHT"EI SHEV"A ZEMIRO"S H"U SIMAN - This mnemonic device refers to the following five wise sayings for which Amora'im find sources in verses. They are:

1."" "d'Shama" (line 21)

2."" "aTartei" (line 23)

3."" "Shev" (line 25)

4."" "Lizmor" (line 27)

5."" "Hi" (line 29)

20)[line 20] HAVAH KA'AMAR V'AZIL- he would say as he went along; i.e., he was fond of saying

21a)[line 21] !TUVEI D'SHAMA V'ADISH!- praiseworthy is he who hears others degrade him and [habitually] remains silent!

b)[line 21] CHALFUHA BISHTEI ME'AH- [due to his restraint] he has avoided one hundred evils [that would have come upon him as a result of becoming embroiled in an argument]

22)[line 22] !KRA KESIV!- this is written in a verse!

23a)[line 22]" ""POTER MAYIM RESHIS MADON..."- (Shmuel now interprets this verse to mean) "The opening of an argument [through response to provocation] is the beginning of judgment..."

b)[line 22] REISH ME'AH DINEI- ["Reishis Madon" can be interpreted to mean] the beginning of one hundred decrees [since the word "Madon" (a) is a contraction for "Me'ah Dinei"; (b) has the Gematriya of 100]

24)[line 23] , A'TARTEI TELAS, GANAVA LO MIKTIL- [do not wonder if] a thief is not killed (i.e., punished from Heaven) for two or three [thefts, since HaSh-m will sometimes wait until one has accrued multiple sins and then exact retribution from the sinner with one large punishment]

25)[line 23]" ', ' , ...'""KOH AMAR HASH-M, 'AL SHELOSHAH PISH'EI YISRAEL, V'AL ARBA'AH LO ASHIVENU'"- "Thus says HaSh-m, 'For three sins of Yisrael [I have forgiven them], but on the fourth I shall not respond [without punishment]...'" (Amos 2:6).

26)[line 25] , SHEV BEIREI L'SHALMANA, V'CHADA L'AVID BISH- seven pits [are dug to trap] a wholesome man [and he is saved from them all], and one for an evil man [and he falls into it]

27)[line 25]" ; ( ) [ ]""KI SHEVA YIPOL TZADIK VA'KAM; (V'RASHA YIPOL B'ACHAS) [U'RESHA'IM YIKASHLU V'RA'AH]"- "For a righteous man will fall seven times and then get up; (but a wicked man will fall at once) [but the wicked shall stumble [and not arise] when the evil befalls them]" (Mishlei 24:16).

28a)[line 26]() [] ( ) [ ](D'AZIL) [DE]MI'BEI DINA (SHAKAL GELIMA) [SHAKIL GELIMEI]- [a litigant] who has had his cloak confiscated by Beis Din [as payment to another]

b)[line 27] LIZMOR ZEMAR V'LEIZIL B'ORCHA- ought to sing a song as he walks along the way [since Beis Din has ensured that he will not sin by retaining an item that does not belong to him]

29)[line 28]"... ""... V'GAM KOL HA'AM HA'ZEH AL MEKOMO YAVO V'SHALOM"- "[If you carry out this matter, and HaSh-m commands you to do so, then you will be able to hold up;] and this entire nation, too, will return to its place in peace" (Shemos 18:23). This verse records the advice offered by Yisro to his son-in-law Moshe Rabeinu regarding Yisro's plan of setting up a judicial system. Our Gemara infers that after a court case, all parties are at peace - even those that have lost the case.

30)[line 29] , HI NAIMA, V'DIKULA SHAFIL- when [a woman] nods off to sleep, the basket [upon her head in which she stores her sewing materials] falls; i.e., when one is lazy, his work is not accomplished

31)[line 29]" ; ""BA'ATZALTAYIM YIMACH HA'MEKAREH, UV'SHIFLUS YADAYIM YIDLOF HA'BAYIS"- "Through laziness the roof beams will collapse, and through idleness of the hands the house will leak" (Koheles 10:18).

32a)[line 30] GAVRA D'RACHITZNA ALEI- he whom I relied upon [in the past]

b)[line 30] ADYEI LI'GEZIZEI V'KAM- (a) raised his fist and stood against me (RASHI); (b) took up his weapons and stood against me (ARUCH)

33)[line 31]" , ""GAM ISH SHELOMI ASHER BATACHTI VO..."- "Furthermore, he whom I was at peace with - upon whom I relied, and shared my bread - rose up to plot against me" (Tehilim 41:10).

34a)[line 32] KI RECHIMTIN HAVAH AZIZA- when the love [between my wife and I] was strong

b)[line 32] A'PUSYA D'SAFSIRA SHECHIVAN- we were able to lie [together] on the width of a sword

35)[line 33] PURYA BAR SHITIN GARMIDEI LO SAGI LAN- a bed sixty Amos wide is not [wide] enough for us

36)[line 34]" , ...""V'NO'ADTI LECHA SHAM V'DIBARTI ITCHA ME'AL HA'KAPORES..."- "And I shall appoint a time for you there, and I shall speak to you from above the cover of the Ark [from between the two Cherubim that are upon the Ark of the Covenant...]" (Shemos 25:22).

37a)[line 35] ARON TISH'AH- the Ark is nine [Tefachim tall]

b)[line 35] V'CHAPORES TEFACH- and the cover of the Ark is one [Tefach high]

38)[line 35]" ' ""VEHA'BAYIS ASHER BANAH HA'MELECH SHLOMO LA'SH-M..."- "And the house that Shlomo ha'Melech built for HaSh-m was sixty Amos long, twenty wide, and thirty Amos high" (Melachim I 6:2). This verse refers to the Heichal (Sanctuary) of the first Beis ha'Mikdash. One Amah contains six Tefachim.

39)[line 37]" ', ; , ""KOH AMAR HASH-M, 'HA'SHAMAYIM KIS'I VEHA'ARETZ HADOM RAGLAI; EY ZEH VAYIS ASHER TIVNU LI..."- "Thus says HaSh-m, 'The heavens are My throne and earth is My footstool; what house can you build for Me, and where is My place of rest?'" (Yeshayah 66:1). In this verse, HaSh-m rhetorically asks what building Klal Yisrael could possibly build that would befit His honor. This question is posed even though the Heichal of the Beis ha'Mikdash was far larger than the area between the Cherubim, which was ten Tefachim above the ground and two and a half Amos long. The reason for this is that Klal Yisrael had sinned, and HaSh-m no longer wished to confine His presence, as it were, to even as large an area as that of the Heichal.

40a)[line 38] " "HAI "LO SAGURU"- that [which the verse states] "Do not fear [anyone]" (Devarim 1:17)

b)[line 38] LISHNA D'CHENUSHEI HU- is a term that implies withholding (see Background to 6:19 and Daf 6 lines 49-50)

41)[line 39]"... ...""... V'YAYIN LO SISHTEH V'LO SE'EGOR..."- "... and you shall neither drink wine nor gather it in..." (Devarim 28:39). This verse is found in the Tochachah (rebuke).

42)[line 40]" ; ""TACHIN BA'KAYITZ LACHMAH; AGRAH VA'KATZIR MA'ACHALAH"- "[The ant] prepares its provisions [for the winter] in the summer [when it is plentiful]; it gathers in its food at the time of the harvest" (Mishlei 6:8).

43)[line 41]" ...""OGER BA'KAYITZ BEN MASKIL..."- The wise son gathers in [grain] in the summer [which is the time of the harvest]..." (Mishlei 10:5).

44)[line 41]" " ", EME"S MAMO"N YIR"EH SIMAN - This mnemonic device refers to the following three teachings of Rebbi Shmuel bar Nachmani in the name of Rebbi Yonasan. The word "Mamon" is missing from our text; its proper place is indicated below (see RASHASH, RIF, and ROSH). The teachings referred to are:

1."Kol Dayan she'Dan Din Emes la'Amito..." (line 41)

2." Kol Dayan she'Notel (Mamon) mi'Zeh..." (line 46)

3."l'Olam Yir'eh Dayan Atzmo..." (line 49)

45)[line 42] DAN DIN EMES LA'AMITO- judges a case in an absolutely truthful manner

46)[line 43] MASHREH SHECHINAH B'YISRAEL- causes the Divine Presence to dwell amongst Klal Yisrael

47)[line 43]" , ""EL-KIM NITZAV BA'ADAS KEL, B'KEREV ELOHIM YISHPOT"- "El-kim stands among the assembly of G-d, in the midst of the judges He shall judge" (Tehilim 82:1). The "assembly of G-d" is a reference to the judges of Beis Din.

48)[line 44] GOREM L'SHECHINAH SHE'TISTALEK MI'YISRAEL- causes the Divine Presence to withdraw from Klal Yisrael

49)[line 45]" , ; '...""MI'SHOD ANIYIM ME'ENKAS EVYONIM, 'ATAH AKUM!' YOMAR HASH-M..."- "Due to the oppression of the poor [and] the cries of the destitute, 'I will now arise [and take retributive action on their behalf]!' says HaSh-m..." (Tehilim 12:6).

50)[line 46] []NOTEL [MAMON]- takes [money]

51)[line 47]" , . ' , ""AL TIGZAL DAL KI DAL HU, V'AL TEDAKEI ANI BA'SHA'AR. KI HASH-M YARIV RIVAM, V'KAVA ES KOVEIHEM NAFESH"- "Do not steal from a poor man simply because he is poor [and unable to defend himself], and do not trample one who is impoverished in the gate [of Beis Din]. For HaSh-m will take up their cause, and rob the soul of those who robbed them" (Mishlei 22:22-23). This verse warns judges against taking advantage of those who have no authority to hold over them.

52)[last line] K'ILU CHEREV MUNACHAS LO BEIN YARCHOSAV- as if a sword is lying between his thighs; i.e., as though he can easily err, and that the consequences of doing so would be immediately injurious (see MAHARSHA)

7b----------------------------------------7b

53)[line 1]" , . ; ""HINEI MITASO SHELI'SHLOMO..."- "Behold, this is the bed of Shlomo; surrounded by sixty warriors, of the warriors of Yisrael. All of them wielding a sword, well versed in warfare; each man his sword on his thigh, due to fear of the night" (Shir ha'Shirim 3:7-8). (See Insights.)

54)[line 6]" , ', ...""BEIS DAVID: 'KO AMAR HASH-M, 'DINU LA'BOKER MISHPAT...'"- "House of David: Thus says HaSh-m, 'Sit in judgment in the morning, and deliver he who was robbed from the oppressor - [lest my fury go forth like fire, and burn such that none can quench it, due to the evil of your actions]" (Yirmeyahu 21:12). In the simple understanding of this verse, HaSh-m exhorts the kings of Yehudah to put the needs of others after arising before they take of their own needs.

55)[line 8] IM BARUR LECHA HA'DAVAR KA'BOKER- if the verdict is clear to you as the morning [is bright]

56)[line 11]" , ' ', [ ]""EMOR LA'CHOCHMAH ACHOSI AT, [U'MODA LA'BINAH SIKRA]"- "Say to wisdom, 'You are my sister,' [and call understanding 'friend']" (Mishlei 7:4). This verse exhorts one to be as familiar with wisdom and understanding as he is with his family and friends.

57)[line 12] KA'ACHOSCHA SHE'HI ASURA LECHA- as that which [a relationship with] your sister is forbidden to you

58)[line 13] KOLAR TALUY B'TZAVAR KULAN- metal chains (placed by the Romans over the necks of prisoners awaiting execution; related to the word "collar") hang from their collective neck; this refers to the punishment that looms if they pervert the judgment

59)[line 14] TALMID HA'YOSHEV LIFNEI RABO- a student sitting before his Rebbi [who remains silent even after realizing that his Rebbi has erred]

60)[line 14] KI HAVAH ASI DINA L'KAMEI- when a case came before him [to be judged]

61)[line 14]() [](MICHNIF) [MACHNIF]- he would gather

62)[line 14]MAISI- bring

63)[line 15] BEI RAV- the Beis ha'Midrash

64)[line 15] KI HEICHI D'LIMTAYIN SHIVA MI'KESHURA- so that [each of] us would [only] receive sawdust from the plank; i.e., so that if a mistake were to be made, he would receive only a portion of the collective punishment

65)[line 16]TREIFESA- an animal that [may or may not have] had a condition that would cause it to die within the year [which would render it non-kosher]

66)[line 16]TABACHAEI- lit. butchers; in this context, those who were expert in determining the nature of the status of a Tereifah

67)[line 16] MASA MECHASYA- the town of Mechasya (probably a suburb of Sura)

68)[line 18]" , ""MELECH B'MISHPAT YA'AMID ARETZ, V'ISH TERUMOS YEHERSENAH"- "A king through justice establishes the land, but an arrogant man destroys it" (Mishlei 29:4). One who thinks that he cannot err will not be patient enough to ensure that the proper verdict has been reached. Our Gemara proceeds to interpret the word Terumos in a different sense - that of a "Terumah," or gift.

69)[line 19] SHE'EINO TZARICH L'CHLUM- in that he needs for nothing [from others]; i.e., the judge in question is so learned that he has no need to ask others in order to arrive at the proper Halachic ruling, similar to a king who is so wealthy that he has no need of the money of others (see also TOSFOS DH she'Eino)

70)[line 19] SHE'MECHAZER B'VEIS HA'GERANOS- who pursues [Terumah (see Background to Bava Basra 24:11)] at the threshing floor [from those who bring their grain there]

71)[line 20] D'VEI NESI'A UKMU DAYANA D'LO HAVAH GAMIR- the house of the Nasi (lit. prince; the hereditary position of spiritual leader of the generation of the Jews in Eretz Yisrael) appointed a judge who was unlearned

72)[line 20] AMRU LEI...- [the members of the household of the Nasi] said to Rebbi Yehudah bar Nachmani

73)[line 21]METURGEMANEI- his Meturgeman [whose job was to (a) repeat the lesson of the Rav in a louder voice (RASHI to Berachos 56a); (b) translate the lesson of the Rav from Hebrew into the vernacular (RASHI to Yoma 20b)]

74)[line 21] KUM ALEI B'AMORA- stand beside (lit. upon) him to act as his Meturgeman

75a)[line 21], KAM, GACHIN ALEI- [Rebbi Yehudah bar Nachmani] arose, and leaned over him [to hear the words of Torah that he would say]

b)[line 21] V'LO AMAR LEI V'LO MIDI- and he said absolutely nothing to him

76)[line 22]" , ; , ""HOY OMER LA'ETZ, 'HAKITZAH!'; 'URI!' L'EVEN DUMAM; HU YOREH? HINEI HU TAFUS ZAHAV VA'CHESEF, V'CHOL RU'ACH EIN B'KIRBO"- "Woe to he who says to [an idol fashioned of] wood, 'Stir yourself!'; 'Awaken!' to [an idol fashioned of] mute stone - is he able to rule? Behold he is covered in gold and silver, and is devoid of any spirit" (Chabakuk 2:19). Rebbi Yehudah bar Nachmani applied this verse to the judge appointed by the house of the Nasi, who had been appointed due to his great wealth ("gold and silver"), and had no spirit of Torah within him.

77)[line 23] ASID HA'KADOSH BARUCH HU LI'PARA MI'MA'AMIDIN- HaSh-m will in the future exact retribution from those who appointed him

78)[line 23]"' , ""VA'SH-M B'HEICHAL KODSHO; HAS MI'PANAV KOL HA'ARETZ"- "And HaSh-m in His sacred sanctuary [is ready to exact retribution from those who worship idols]; the whole world is silently desolate before Him" (Chabakuk 2:20). This verse immediately follows the one cited earlier. Rebbi Yehudah bar Nachmani continues his interpretation by inferring that the sin of appointing unworthy candidates as judges can lead to the destruction of the world.

79)[line 25] SHE'EINO HAGUN- who is unworthy [of the position]

80)[line 25]NOTE'A- he has planted

81)[line 25]ASHEIRAH- a tree that had been worshipped as an Avodah Zarah. (Asheirah was a popular fertility goddess in the Near East; she has been identified with Astarte (Ashteros) and Aphrodite.) (see Insights)

82)[line 25]" [ ...]""SHOFTIM V'SHOTRIM TITEN LECHA [B'CHOL SHE'ARECHA...]"- "You should appoint judges and law enforcers [in all of your gates...]" (Devarim 16:18).

83)[line 26]" , ' - [ ]""LO SITA LECHA ASHEIRAH KOL ETZ, ETZEL MIZBACH HASH-M EL-KECHA [ASHER TA'ASEH LACH]"- "Do not plant for yourself any type of Asheirah tree, next to the altar of HaSh-m your G-d [which you shall make for yourself]" (Devarim 16:21).

84)[line 26] B'MAKOM SHE'YESH TALMIDEI CHACHAMIM- [if the unworthy candidate has been appointed] in a place in which there are Talmidei Chachamim

85)[line 27] K'ILU NETA'O ETZEL MIZBE'ACH- it is as if he has planted [the Asheirah tree] next to a Mizbe'ach [next to which it is forbidden to plant trees or build buildings (see above, entry #83 and Tamid 28b)]

86)[line 28]" ; ...""LO SA'ASUN ITI; ELOHEI CHESEF VE'LOHEI ZAHAV..."- "Do not fashion [images of those heavenly bodies that are] with Me; [do not fashion for yourselves] gods of silver and gods of gold" (Shemos 20:20).

87)[line 29] ?HA D'ETZ SHAREI?- [does this then imply that] those of wood are permitted?

88)[line 29] ELO'AH HA'BA BISHVIL KESEF- a god that comes due to silver; i.e., a judge appointed due to that which he bribed his superior with a present of silver

89)[line 30] KI HAVAH ASI L'VEI DINA- when he would come to court [to judge a court case]

90a)[line 30] BI'RE'US NAFSHEI L'KETALA NAFIK- of his own free will he (referring to himself in the third person) goes out to [judge, for which he may] die [if he perverts justice]

b)[line 30] U'TZEVI BEISEI LEIS HU AVID- and he is not working toward the needs (lit. desire) of his household [in this judgment]

c)[line 31] V'REIKAN L'VEISEI AYAL- and he will return home empty-handed [as he will not profit from judging the case]

d)[line 31] U'LEVAI SHE'TEHEI BI'AH K'YETZI'A- and were it only (i.e., the best case scenario is) that his return be [as free of sin] as his departure

91)[line 31]CHAZI- see

92)[line 32] () AMBUHA (D'SAFREI) A'BASREI- throngs [of people following] behind him [to honor him]

93)[line 32]" , [ ]. , [ ]""IM YA'ALEH LA'SHAMAYIM SI'O, V'ROSHO LA'AV YAGI'A. K'GELELO LA'NETZACH YOVED; RO'AV YOMRU AYO"- "Though his prominence may ascend to the heavens and his head reach the clouds. He shall disappear forever like his own dung; those who had seen him will ask, 'Where is he?'" (Iyov 20:6-7).

94a)[line 33] KI HAVU MECHATFEI LEI- when [his servants] would carry him [in a sedan chair] upon their shoulders [to where he delivered his lecture, since he walked slowly due to age and would therefore have unnecessarily inconvenienced his students to stand for him had he walked]

b)[line 33] B'SHABATA D'RIGLA- (a) on the Shabbos [that fell approximately thirty days before] a festival [when they would teach the laws pertaining to the festival] (RASHI here); (b) on the Shabbos that fell [on Chol ha'Mo'ed] during a festival (implication of Sukah 26a; see ARUCH LA'NER)

95)[line 34]" ; ""KI LO L'OLAM CHOSEN; V'IM NEZER L'DOR VA'DOR"- "For strength does not endure forever; does the crown last from generation to generation?" (Mishlei 27:24). Although the simple understanding of this verse refers to wealth, Rav interpreted it to be referring to the honor accorded him by others.

96)[line 35] HEVU MESUNIN B'DIN- be patient when ruling; i.e., be sure to examine all angles of a case before deciding upon a final verdict

97)[line 35]"[] [ ]""[V']LO SA'ALEH V'MA'ALOS [AL MIZBECHI...]"- "Do not ascend steps [upon my altar...]" (Shemos 20:23). This verse contains the injunction to build a ramp, as opposed to steps, as a means of ascending to the top of the Mizbe'ach. Bar Kaparah in our Gemara interprets the words, "Lo Sa'aleh v'Ma'alos" to mean, "Do not speed thoughtlessly..."

98)[line 35]" [ ]""V'ELEH HA'MISHPATIM [ASHER TASIM LIFNEIHEM]"- "And these are the laws [that you shall place in front of them]" (Shemos 21:1). These words introduce Parshas Mishpatim, which contains numerous rulings for Beis Din to follow. Thus, "Lifneihem" means "in front of [the judges of Beis Din]."

99)[line 36] LO YIFSA AL ROSHEI AM KODESH- should not step upon the heads of the holy nation; i.e., should not arrive after his students have settled for the lecture such that he must walk through where they are sitting upon the floor, thereby appearing to "walk upon their heads"

100)[line 37]" ""LO SA'ALEH V'MA'ALOS..."- See above, entry #97. Here Rebbi Elazar interprets these words to mean "Do not step above...."

101)[line 37]" ", " " !"ASHER TASIM"- "ASHER TELAMDEM" MIBA'I LEI! - (The Gemara now asks) [that which the verse states that] "[...These are the laws] that you shall place in front of them," should rather read "[...These are the laws] that you should teach them"!

102)[line 38]ITEIMA- some say

103)[line 38] ELU KLEI HA'DAYANIN- these [items hinted to in the verse that should be placed before a judge] are the tools of the judges

104)[line 39]NAFAK- go out

105)[line 39] !APIKU LI MANEI CHANUSA'I!- take out the tools of my trade (lit. shop) for me!

106a)[line 39]MAKEL- a rod [used to administer Makas Mardus (Rabbinic flogging; see Background to Kesuvos 45:35)]

b)[line 39]RETZU'AH- a strap [used to administer Malkus (lashes; see Background to Sotah 44:16)]

c)[line 40]SHOFARA- a horn [used to announce that the judge has placed someone in Shamta or Niduy (excommunication; see Background to Moed Katan 15:24)]

d)[line 40]SANDELA- a sandal [used in Chalitzah (see Background to Bava Metzia 15:41)]

107)[line 40]" , ""VA'ATZAVEH ES SHOFTEICHEM BA'ES HA'HI LEIMOR, 'SHAMO'A BEIN ACHEICHEM U'SHFAT'TEM TZEDEK, BEIN ISH U'VEIN ACHIV U'VEIN GERO'"- "And I instructed your judges at that time saying, "Listen [well] to [the arguments between] your brothers and judge truthfully, between a man, his brother, and his litigant" (Devarim 1:16). The term "Tzivuy" - instruction - implies that he instructed should act with alacrity (Kidushin 29b).

108)[line 40] KENEGED MAKEL U'RETZU'AH TEHEI ZARIZ- act with alacrity regarding the rod and strap [(a) and use them for the sake of Heaven in order to strike the fear of HaSh-m and His Beis Din into the populace (RASHI); (b) and do not use them overly much so as not to overly intimidate the populace (TOSFOS DH Tehei)]

109)[line 42] SHE'LO YISHMA DIVREI BA'AL DIN KODEM SHE'YAVO BA'AL DIN CHAVEIRO- that he should not listen to the arguments of one litigant before the other litigant arrives [since once a judge hears one uncontested side of a case it is difficult for him to consider a different version of events]

110)[line 43] YAT'IM DEVARAV- present his case

111)[line 43] " "KARI BEI NAMI "SHAME'A BEIN ACHEICHEM"- read [the verse] to also mean "make yourself heard [only when you are present] together with your brother"

112a)[line 44]" [ ...]""LO SISA [SHEMA SHAV...]"- "Do not accept [vain testimony...]" (Shemos 23:1). According to this way of interpreting the verse, it warns a judge not to listen to one litigant present his case when the other is not present.

b)[line 44][ ] " "[KARI BEI] "LO SASI..."- [read it also to mean] "Do not present [vain testimony...]"

113)[line 45] , TZADEK ES HA'DIN, V'ACHAR KACH CHATCHEHU- determine the accuracy of the verdict, and [only] afterward proclaim it

114)[line 46] AFILU BEIN BAYIS LA'ALIYAH- even [a case] between [brothers who inherited both] a lower-story dwelling (which is more valuable than a second-story dwelling) and the second-story above it [in which case a judge must ensure that they each receive an inheritance of equal value, and not merely that each receives a place to live]

115a)[line 47] BEIN TANUR L'CHIRAYIM- between [brothers who inherited both] an oven (which is more valuable than a range) and a range (which are utensils necessary for living - "Megurim," related to the word "Gero" of the Pasuk) [in which case a judge must ensure that they each receive an inheritance of equal value, and not merely that each receives a utensil used for cooking] (see also RABEINU CHANANEL)

116)[line 47]" , [ , - ; ]""LO SAKIRU FANIM BA'MISHPAT, [KA'KATON KA'GADOL TUSHMA'UN, LO SAGURU MI'PENEI ISH KI HAMISHPAT LE'L-KIM HU; VHA'DAVAR ASHER YIKSHEH MIKEM TAKRIVUN EILAI U'SHMA'TIV]"- "Do not show favoritism in judgment, [ listen to great and small alike, fear no man for judgment is in the province of G-d...]" (Devarim 1:17).

117a)[line 47] LO SAKIREHU- do not favor him [if you like him]

b)[line 48] LO SENAKREHU- do not disfavor him (from Nochri - foreign) [if you dislike him]

118)[line 48] USHPIZICHNEI D'RAV- he who had once hosted Rav

119)[last line] ?LAV USHPIZICHNI AT?- am I not your landlord; i.e., do you not recall that I once acted favorably toward you?

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