1)PERMISSION TO JUDGE

(a)(Beraisa): Three judges are needed for monetary cases. A Mumcheh l'Rabim can judge alone.

(b)Rav Nachman: Someone like me can judge monetary cases alone. (R. Chiya said the same.)

(c)Question: Does he mean, because he has learned and can reason, and he has permission (from the Reish Galusa (the executive head of Yisrael in exile), but without permission, his verdict is meaningless)?

1.Or, does it suffice that he learned and can reason?

(d)Answer: Once, Mar Zutra brei d'Rav Nachman judged a case and erred.

1.Rav Yosef: If the parties accepted you for a judge, you are exempt. If not, you are liable.

2.This shows that even without permission, his verdict stands. (If not, there is nothing to be liable for!)

(e)(Rav and Shmuel): If someone wants to judge and be exempt if he errs, he should ask permission from the Reish Galusa.

(f)The following is obvious. Permission from the Reish Galusa helps for anywhere in Bavel. Permission from the Nasi helps for anywhere in Eretz Yisrael.

1.Also, permission from the Reish Galusa helps for Eretz Yisrael, for he has more authority;

i.(Beraisa): "Lo Yasur Shevet mi'Yehudah" refers to the Roshei Galuyos in Bavel, who rule Yisrael with a staff;

ii."U'Mchokek mi'Bein Raglav" refers to the (Nesi'im, the) descendants of Hillel who teach Torah to multitudes.

(g)Question: Does permission from the Nasi help in Bavel?

(h)Answer: Rabah bar Chanah erred in judgment. R. Chiya said 'if the parties accepted you for a judge, you are exempt. If not, you are liable.'

1.Rabah bar Chanah had permission from the Nasi. This shows that this does not help in Bavel.

(i)Question: When Rabah bar Rav Huna had conflicts with the house of the Reish Galusa, he would say 'I did not get permission from you, rather from my father, who got permission from Rav, and he from R. Chiya, and he from Rebbi (the Nasi)!'

(j)Answer: Such permission does not help in Bavel, but they thought it helps, therefore he said this.

(k)Question: If permission does not help, why did Rabah bar Chanah get permission?

(l)Answer: It helps for cities on the border of Bavel that conduct like Eretz Yisrael.

2)WHAT PERMISSION IS NEEDED FOR

(a)Question: What permission did he get?

(b)Answer: When Rabah bar Chanah was about to go to Bavel, R. Chiya told Rebbi 'my brother's son is going to Bavel.'

1.Rebbi: He may teach Halachos, judge, and permit (blemished) firstborn animals.

2.When Rav was about to go to Bavel, R. Chiya told Rebbi 'my sister's son is going to Bavel.'

3.Rebbi: He may teach Halachos and judge, but he may not permit firstborn animals.

(c)Question: Why did R. Chiya call Rabah bar Chanah 'my brother's son', and Rav 'my sister's son'?

1.Suggestion: Perhaps those were their relationships to him!

2.Rejection: The sons of Aba bar Acha Karsela of Kafri were Eivo (Rav's father), Chanah, Shila, Marsa and R. Chiya (i.e. also Rav was the son of R. Chiya's brother)!

(d)Answer #1: Rav was his brother's son and also his sister's son. Rabah bar Chanah was only his brother's son.

(e)Answer #2: He called Rav 'my sister's son' due to his Chachmah - "Emor la'Chachmah Achosi At."

5b----------------------------------------5b

(f)Question: Why didn't Rebbi authorize Rav to permit firstborn animals?

1.Suggestion: He was not such a great Chacham.

2.Rejection: We said that he was a greater Chacham than Rabah bar Chanah!

3.Suggestion: He did not recognize blemishes well enough.

4.Rejection: Rav spent 18 months with shepherds, in order to understand which blemishes are temporary and which are permanent.

(g)Answer #1: Rebbi wanted to honor Rabah bar Chanah.

(h)Answer #2: Because Rav was so proficient, he would permit blemishes that people did not recognize, and they would extrapolate and come to permit similar blemishes which are really temporary.

(i)Question: Rebbi authorized them to teach Halachos. If they are learned, why do they need permission?

(j)Answer: This was decreed after the following episode.

1.Rebbi went to a certain place. He saw that they would allow the dough to become Tamei when kneading (i.e. and the Chalah that will be separated will be Tamei, and forbidden). He asked them why they do so.

2.The residents: A Chacham came and expounded that Mei Betza'im (swamp water) does not Machshir (make food susceptible to Tum'ah).

i.Really, the Chacham expounded that Mei Beitzim (egg whites) is not Machshir, they misunderstood.

3.They also erred because they heard that water of the Karmiyon and Pugah rivers cannot be sanctified with ashes of the red heifer because it is swamp water. They assumed that likewise, it is not Machshir;

i.This was wrong. It cannot be used for the red heifer, because Mayim Chayim (flowing water) must be put directly in the Kli (and the mud interrupts in between. Alternatively, these rivers do not flow so nicely, so they are not considered Chayim).

ii.Any detached water is Machshir.

4.(Beraisa): At that time, they decreed that one may not teach Halachos without permission from his Rebbi.

(k)Tanchum the son of R. Ami came to Chater (a place). He taught that on Pesach one may wet wheat and immediately grind it.

1.The inhabitants: Your Rebbi, R. Mani of Tzur is here;

i.(Beraisa): A Talmid may not teach Halachos within three Parsa'os of his Rebbi (the length of the encampment of Yisrael in the Midbar).

2.Tanchum: I did not know that he was here.

(l)Version #1 (our text): R. Chiya saw a man in a cemetery. He asked, isn't your father a Kohen? (Even though R. Chiya was a Talmid of Rebbi, who was nearby, he did not refrain from separating someone from (what appeared to be) a transgression.)

(m)Version #2 (Rashi, from Yerushalmi): When Rebbi saw the people kneading in Tum'ah, he also saw a Yehudi in the part of Ako in Chutz la'Aretz. (Chachamim decreed that one who enters Chutz la'Aretz is Tamei Mes.)

1.Rebbi: Isn't your father a Kohen? (end of Version #2)

2.The man: Yes. I am his son from a divorcee (so I have no Kedushas Kehunah).

(n)Surely, partial permission may be given. Rav received permission, but not to permit firstborns.

(o)Question: May permission be given for a limited time?

(p)Answer: (Yes;) R. Yochanan told R. Shemen 'You have permission until you return (to Eretz Yisrael).'

3)TWO WHO JUDGED A MONETARY CASE

(a)(Shmuel): If two judged a monetary case, the verdict stands, just it is called an impudent Beis Din.

(b)Question (Rava - Mishnah): Even if two judges say that he is guilty (or innocent), and the third says 'I do not know', we must add more judges. (It is as if the one who does not know is not there).

1.According to Shmuel, even without the third, the judgment of the other two is valid!

(c)Answer: There, because they intended to judge in a Beis Din of three, they must give a verdict with three judges.

(d)Question (Beraisa - R. Shimon ben Gamliel): Judgment requires three judges. Compromise requires two judges;

1.Compromise is stronger than judgment in one aspect. If two judges judged, the parties can retract. If they made a compromise, the parties cannot retract.

2.Suggestion: Perhaps Chachamim argue with R. Shimon ben Gamliel.

3.Rejection: R. Avahu taught that all agree that if two judged a monetary case, this is not a judgment!

(e)Answer: R. Avahu is also only an Amora. Shmuel argues with him.

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