SANHEDRIN 31 - Dedicated by Mrs. G. Kornfeld for the Yahrzeit of her mother, Mrs. Gisela Turkel (Golda bas Chaim Yitzchak Ozer), on 25 Av. Mrs. Turkel was an exceptional woman with an iron will who loved and respected the study of Torah.

[31a - 55 lines; 31b - 46 lines]

1)[line 10]שיש בכלל מאתים מנהYESH BI'CHELAL MASAYIM MANEH- there is within two hundred, one Maneh (which equals one hundred)

2)[line 16]חביתא דחמרא מיגו חביתא דמשחאCHAVISA D'CHAMRA MI'GO CHAVISA D'MISHCHA- a barrel of wine out of a barrel of oil (the Gemara will explain that this refers to their value, and oil was much more expensive than wine)

3)[line 19]לדמיLI'DEMEI- for their value, i.e. one witness testified that the defendant admitted owing the claimant the value of a barrel of wine and one witness testified that the defendant admitted owing the claimant the value of a barrel of oil

4a)[line 20]בדיוטא העליונהDEYOTA HA'ELYONAH- the upper balcony

b)[line 20]בדיוטא התחתונהDEYOTA HA'TACHTONAH- the lower balcony

5a)[line 27]דנפיק עליה קלאNAFIK ALEI KOLA- a rumor was spread about him

b)[line 27]דגלי מילתא דאיתמר בי מדרשאD'GALI MILSA D'ITMAR BEI MIDRASHA- that he revealed a secret that was said in the Beis ha'Midrash. (Revealing the secret was prohibited because of the Isur of Lashon ha'Ra.)

6)[line 30]דין גלי רזיאDEIN GELEI RAZYA- this one is a revealer of secrets

7)[line 31]סותר את הדיןSOSER ES HA'DIN- (lit. he destroys the ruling) he has the ability to ask for a retrial and reverse the verdict

8)[line 39]פונדתוPUNDASO / AFUNDASO- his money-belt

9)[line 43]דאי עביד מהדרינן ליהIY AVID, MEHADRINAN LEI- if it is done (if a judge rules like the Rabanan), we reverse the ruling

10a)[line 47]כל מקום ששנה רבן שמעון בן גמליאל במשנתנו הלכה כמותוKOL MAKOM SHE'SHANAH RABAN SHIMON BEN GAMLIEL B'MISHNASEINU, HALACHAH K'MOSO- every place in the Mishnayos in which Raban Shimon ben Gamliel teaches [his opinion], the Halachah follows his opinion

b)[line 48]חוץ מערב וצידן וראיה אחרונהCHUTZ ME'AREV V'TZIDON V'RA'AYAH ACHARONAH - except for the cases of Arev (a guarantor), Tzidon (the city of Sidon) and Ra'ayah Acharonah (the latter case of proof), as follows:

(a)AREV (Bava Basra 173b-174a) - The Chachamim rule that a loan may be given on the condition that the creditor can collect from the debtor's guarantor (Arev Kablan) before first going to the debtor. Raban Shimon ben Gamliel rules that if the debtor has property, the creditor must collect from him, even if the loan was given under the above condition.

(b)TZIDON (Gitin 74a): It occurred once in Tzidon that a man said to his wife, "This will be a valid Get (bill of divorce) on condition that you bring to me my robe," and then the robe was lost. According to the Rabanan, the Get is annulled and void. Raban Shimon ben Gamliel maintains that she may give the value of the robe and the Get will be effective.

(c)RA'AYAH ACHARONAH (Sanhedrin 31a): The Chachamim rule that a litigant, after being instructed in Beis Din to prove his case, who says, "I do not have any proof," may not use any proof that he may subsequently find as valid evidence. (Since he already admitted to not having proof, we suspect that the documents that he brings afterwards may be forged.) Raban Shimon ben Gamliel rules that we acknowledge the possibility that he did not know about the evidence for his case at the moment that he said he did not have proof, and he may therefore use the proof he subsequently finds as valid evidence. (The Mishnah previously quoted a ruling of Raban Shimon ben Gamliel with regard to a different case involving proof in which the Halachah does follow his opinion. Hence the latter case is known as "Ra'ayah Acharonah.")

11)[line 49]ינוקאYENUKA- a boy, heir to his deceased father's estate

12)[line 51]אנן ידעינן במילי דאבוךANAN YAD'INAN B'MILEI D'AVUCH- we know about your father's affairs [and we will be witnesses that you are not liable to pay]

13a)[line 52]ההיא איתתאHA'HI ITESA- a certain woman

b)[line 52]דנפק שטרא מתותי ידהD'NAFAK SHETARA MI'TUSEI YADAH- who revealed a document of debt that she was saving for the borrower (lit. from whom a document of debt went out from under her hands)

14)[line 52]אמרה ליה ידענא בהאי שטרא דפריע הוהAMRAH LEI "YADANA B'HAI SHETARA DI'FERI'A HU"- she said to him (Rav Nachman), "I know that this document of debt has been paid"

15)[line 54]אותיות נקנות במסירהOSIYOS NIKNOS B'MESIRAH - documents (lit. letters) are bought with [the Kinyan of] Mesirah

(a)The Kinyan of Mesirah usually entails handing over the reins of an animal (or the tie lines of a boat) in order to acquire the animal (or boat). Mesirah is one of the forms of Kinyan that one may use to acquire an object (see Background to Bava Basra 75:76a).

(b)There is an argument among the Tana'im if a Shtar (document of debt) is acquired by handing it over ("Mesirah") to the buyer (or, if it is a gift, to the recipient) and a deed of sale or a document recording the gift is not needed to transfer ownership. Rebbi rules that Mesirah is enough to transfer ownership of a document of debt, while the Rabanan rule that a deed of sale of the Shtar is required.

16)[line 54]אי בעיא קלתיהIY BAYA KALASEI- if she wanted, she could have burned it


17)[line 1]כיון דאיתחזק בבי דינאKEIVAN D'ISCHAZEK B'VEI DINA (HENPEK)

A "Henpek" is the legal confirmation or endorsement of a Shtar, which is written by Beis Din at the end of the Shtar. In the Henpek, Beis Din attests that the Shtar was signed by valid, confirmed witnesses.

18)[line 3]סימפוןSIMPON- a receipt. Anything that causes a sale, an agreement or a document to be annulled is called a Simpon. For example, newly disclosed blemishes on a betrothed woman can annul the betrothal, and a receipt annuls a document of debt.

19)[line 3]שיש עליו עדיםSHE'YESH ALAV EDIM- that has on it [the signatures of two] witnesses [and is in the hands of the borrower who is using it to attest to the fact that he paid his debt]

20)[line 3]יתקיים בחותמיוYISKAYEM B'CHOSMAV (KIYUM SHETAROS)

Mid'Oraisa, a Shtar (contract) or Get which was written legally and signed by witnesses is considered absolute proof. The Chachamim, out of fear of forgeries, required that every Shtar be validated ("Kiyum") in one of the following manners:

1.The witnesses themselves attest to the validity of their signatures.

2.Other witnesses who recognize the signatures attest to their validity.

3.The signatures are matched to those on a previously validated Shtar or Get.

21)[line 4]אין עליו עדים ויצא מתחת ידי שלישEIN ALAV EDIM (V'YATZA) [V'YOTZEI] MI'TACHAS YEDEI SHALISH- [if] it does not have on it [the signatures of] witnesses and it is in the hands of a trustee

22)[line 5]שיצא אחר חיתום שטרותYATZA ACHAR CHITUM SHETAROS- it is found [on the loan document itself] after the signatures of the document

23)[line 8]שיסתתם טענותיוYISTATEM TA'ANOSAV- until he runs out of proofs (lit. until his proofs are stopped up) and he declares that he has nothing more to say in his favor

24)[line 22]ממדינת היםMEDINAS HA'YAM- a land overseas (i.e. a distant land)

25)[line 23]דיסקיאDISKIYA- (O.F. besace) wallet, leather pouch with two sections ("Diskiya," from the words "Du Saken," or "two sacks" ("bi sace"))

26)[line 25]התוקף את חבירו בדיןHA'TOKEF ES CHAVEIRO B'DIN- a rough claimant who is trying to bully his opponent

27)[line 26]למקום הוועדMEKOM HA'VA'AD- the meeting place of the greatest council of Talmidei Chachamim of the time

28)[line 28]מי שנושה בחבירוMI SHE'NOSHEH B'CHAVEIRO- one who demands from his fellowman repayment of a loan

29)[line 31]שנתעצמו בדיןNIS'ATZMU B'DIN- they argued about a court case

30)[line 34]והיבמה הולכת אחר היבם להתירהHA'YEVAMAH HOLECHES ACHAR HA'YABAM L'HATIRAH (YIBUM)

(a)If a married man dies childless and has brothers who survive him, his widow (or widows) may not remarry until one of the deceased husband's brothers performs Yibum (levirate marriage) or Chalitzah (levirate release) with the widow (or one of the widows), as it states in Devarim 25:5-10. Chazal learn from the verses that if there are a number of brothers, there is a preference for the oldest brother to perform Yibum or Chalitzah (Yevamos 24a). If the conditions for the Mitzvah of Yibum do not exist, marital relations between a man and his brother's wife are prohibited and make them liable to the punishment of Kares.

(b)Yibum is a type of marriage. Unlike ordinary Kidushin, though, it can be accomplished only through Bi'ah and not through Kesef or Shtar (see Background to Kidushin 2:1:II:b). Nevertheless, the Rabanan instituted that one should precede Yibum with an act similar to Kidushei Kesef or Shtar, which is known as Ma'amar (see Background to Kidushin 43:19). The Bi'ah must be performed with the intention of fulfilling the Mitzvah.

31a)[line 35]אפילו מטבריא לצפוריAFILU MI'TEVERYA L'TZIPORI- even from Teverya to Tzipori. The Yeshiva in Teverya at the time was greater than the Yeshiva in Tzipori

b)[line 28]מטבריאTEVERYA- Tiberias, a city located on the Sea Of Galilee, built by Herod Antipas (son of King Herod) in honor of the emperor Tiberias Julius Ceasar Augustus (Bereishis Rabah 23:1) approximately fifty years before the destruction of the Beis ha'Mikdash. It was called Teveryah by the Jews because it lies in the center of the country ("Tibur" means navel) and because it is a sight to behold ("Tovah Re'iyasah") (Megilah 6b). It was built on the cemetery of Chamesan (Shabbos 33b-34a), and some say on the remains of an ancient walled city.

c)[line 20]לצפוריTZIPORI- a city in the lower Galilee, approximately midway between Tiberias and Haifa

32)[line 38]וְעֶבֶד לוֹה לְאִישׁ מַלְוֶה"EVED LOVEH L'ISH MALVEH"- "a borrower is a servant to the lender" (Mishlei 22:7)

33)[line 39]שלחו ליה למר עוקבאSHALCHU LEI L'MAR UKVA- they sent the following question to Mar Ukva, who was (a) an Av Beis Din (RASHI); (b) a Reish Galusa (TOSFOS); (c) a Nasi (RASHI to Moed Katan 16b), who most probably lived in the city of Neharde'a in Bavel

34)[line 39]לדזיו ליה כבר בתיהLED'ZIV LEI K'VAR BISYAH- (a) to the one whose countenance shines like the son of Bisyah, i.e. Moshe Rabeinu (RASHI, 1st explanation); (b) according to the Girsa K'VAR BEISEI - like the member of His (HaSh-m's) household, i.e. Moshe Rabeinu (RASHI, 2nd explanation); (c) according to the Girsa K'RAV MASYAH - like the person who went through a similar ordeal as Rav Masya ben Charash (TANCHUMA, end of Parshas Chukas, YALKUT SHIMONI, Parshas Vayechi #161), whose countenance shone after he was saved from a grave sin (MARGOLIYOS HA'YAM)

35)[line 39]"SHELAM"- "Peace be unto you!"

36)[line 39]עוקבן הבבלי קבל קדמנאUKVAN HA'BAVLI KEVAL KADMANA- Ukvan the Babylonian brought suit before us (lit. complained before us) (i.e. before the Beis Din in Teverya)

37)[line 40]ירמיה אחי העביר עלי את הדרךYIRMEYAH ACHI HE'EVIR ALAI ES HA'DERECH- (a) Yirmeyah, my brother, castrated me (lit. changed my [natural] way) (RASHI, 1st explanation); (b) Yirmeyah, my brother, wronged me in a monetary matter (RASHI 2nd explanation)

38)[line 40]ואמרו לו השיאוהו ויראה פנינו בטבריאV'IMRU LO, HASI'UHU V'YIR'EH PANEINU BI'TEVERYA- and [you must] incriminate him (lit. sequester him) [in judgement] (MARGOLIYOS HA'YAM), send him and he shall see us (lit. our faces) in Teverya

39)[line 41]אמרת אמרו לו אלמא דיינוה אתוןAMART "IMRU LO," ALMA DAINUHA ATUN- you (i.e. the Sage of the Gemara who quoted this incident) quoted the words, "Sequester him," which implies that you (i.e. Mar Ukva) should judge him

40)[line 42]שדרוהו הכאSHADRUHU HACHA- send him here (to the Beis Din in Teverya, where Ukvan ha'Bavli wants to bring suit against him)

41)[line 43]אי ציית צייתIY TZAYIS, TZAYIS- if he listens [to your ruling], it is good (lit. he listens)

42)[line 43]דיני קנסותDINEI KENASOS

(a)The laws of Kenasos are one category of Dinei Mamonos, laws of monetary matters. Kenasos, which were only imposed by judges of Eretz Yisrael who were Semuchin (ordained), are either a fixed sum of money or an amount more than or less than the damage caused. It is not normal compensation, which is termed "Mamon."

(b)In every case of Kenas, the guilty party does not have to pay the Kenas if he admits to his liability of his own accord. Only if witnesses testify to his guilt in court must he pay.