1)DISQUALIFYING JUDGES AND WITNESSES

(a)Answer #4 (Ravin): In the Reisha, Reuven disqualified Shimon's witnesses and his choice of judges, and it was found (undisputedly) that the witnesses are indeed invalid;

1.R. Meir says, Migo (since) Reuven was right about the witnesses, he is also believed about the judges. (Chachamim do not say Migo);

2.In the Seifa, Reuven disqualified Shimon's witnesses and judges, and it was found that the judges are indeed invalid;

3.R. Meir says, Migo Reuven was right about the judges, he is believed also about the witnesses. (Chachamim do not say Migo.)

(b)Objection (Rava): Granted, when Reuven was right about the witnesses, we let him disqualify the judges. Shimon (need not lose, he) can go to another Beis Din;

1.However, when Reuven was right about the judges, why can he disqualify the witnesses? Shimon will lose, unless he can find more witnesses!

(c)Answer: The case is, Shimon has another pair of witnesses.

(d)Inference: If Shimon has only one pair of witnesses, Reuven cannot disqualify his witnesses;

1.Ravin's answer is the same as Rav Dimi's (Answer #3 above)!

(e)Answer: They argue about whether or not we say Migo. Ravin says that R. Meir applies Migo (also elsewhere), and Rav Dimi says that he does not (and here he can disqualify one pair even without the Migo).

(f)(Reish Lakish (above)): The awesome R. Meir would never say this (that either party can disqualify the other's witnesses)! Rather, R. Meir says that either party can disqualify the other's witness!

2)CHACHAMIM OF ISRAEL ENDEAR EACH OTHER

(a)Question: Ula said, Reish Lakish would uproot mountains and grind them against each other (his reasoning was so sharp. Why would he speak so reverently of R. Meir?)!

(b)Answer (Ravina): R. Meir was even sharper. He uprooted giant mountains and ground them.

1.This teaches how much Chachamim endeared each other.

(c)Rebbi: Hatmanah (wrapping food to preserve its temperature) of cold food is forbidden on Shabbos.

(d)R. Yishmael b'Rebbi Yosi: My father permitted it!

(e)Rebbi: The elder has already ruled! (I retract.)

(f)Rav Papa: See how much Chachamim endeared each other! If R. Yosi was alive, he would have been submissive to Rebbi, for R. Yishmael b'Rebbi Yosi was as great as his father, and he was submissive to Rebbi. Still, Rebbi said 'the elder has already ruled!'

(g)(R. Oshaya): We learn this from "...Shnei Maklos... No'am (and) Chovelim";

1."No'am" refers to Chachamim of Eretz Yisrael, who pleasantly help each other in Halachah;

2."Chovelim" refers to Chachamim of Bavel, who attack (try to refute) each other in Halachah.

(h)(R. Yitzchak): It says "... Bnei ha'Yitzhar ha'Omedim", and (before this) "u'Shnayim Zeisim Aleha." "Yitzhar" refers to Chachamim of Eretz Yisrael, who are as pleasant to each other in Halachah as olive oil;

1."Zeisim" refer to Chachamim of Bavel, who are as bitter to each other in Halachah as olives.

(i)(R. Yochanan): "...Shtayim Nashim Yotze'os v'Ru'ach b'Chanfeihem... va'Tisenah Es ha'Eifah..." - the two women represent flattery and haughtiness, which descended to Bavel;

(j)Question: We learned that 10 Kavim (measures) of haughtiness descended to the world. Eilam (Shushan) received nine, and the rest of the world received one!

(k)Answer: It first descended to Bavel, and later it spread (and Eilam got most of it).

1.Support: "Livnos Lah Bayis b'Eretz Shinar" (only one of the women (flattery) will stay in Bavel).

(l)Question: We learned that poverty is a sign of haughtiness, and poverty is in Bavel!

(m)Answer: Poverty in Torah is a sign of haughtiness (and that is in Eilam).

1.(R. Yochanan): "Achos Lanu Ketanah v'Shadayim Ein Lah" refers to Eilam, which merited to learn but not to teach.

(n)Question: What is the significance of the name 'Bavel'?

(o)Answer (R. Yochanan): It is Balul (blended) with written Torah, Mishnah, and Talmud.

(p)(R. Yirmeyah): "B'Machashakim Hoshivani k'Mesei Olam" refers to the Talmud of Bavel.

3)MAY ONE RETRACT AFTER ACCEPTING INVALID JUDGES?

(a)(Mishnah - R. Meir): If Reuven said 'you may use my father (or your father, or three cattle shepherds) to judge our case', he may retract;

(b)Chachamim say, he may not retract.

(c)R. Meir says, if Shimon was obligated to swear to Reuven, and Reuven said 'you may swear to me by the life of your head', Reuven can retract (and demand a proper oath, which is with Hash-m's name);

(d)Chachamim say, he may not retract.

(e)(Gemara - Rav Dimi brei d'Rav Nachman): The case is, he accepted his (or his opponent's father) to be one of the judges.

(f)(Rav Yehudah): The Tana'im argue in a case that Reuven claims from Shimon, and agreed to pardon him (if a Beis Din including his father (or...) will rule that Shimon is exempt);

1.However, if Shimon claims from Reuven, and Reuven agreed to pay him (if such a Beis Din will obligate Reuven), all agree that Reuven may retract.

(g)(R. Yochanan): They argue in a case that Reuven agreed to pay.

(h)Question: Does he mean that they argue only when Reuven agreed to pay, but all agree that he may not retract when he agreed to pardon him (if such a Beis Din will exempt Shimon)?

1.Or, does he mean that they argue even when Reuven agreed to pay?

(i)Answer: Rava taught that they argue only when Reuven agreed to pay, but all agree that he may not retract when he agreed to pardon.

1.If this is R. Yochanan's opinion, Rava holds like R. Yochanan;

2.However, if R. Yochanan says that they argue in both cases, like whom does Rava hold?

(j)Rejection: Rava gives his own (third) opinion.

(k)Question (against Rava - Rav Acha bar Tachlifa - Beraisa): If Shimon was obligated to swear to Reuven, and Reuven said 'you may swear to me by the life of your head', Reuven can retract;

1.Chachamim say, he may not retract.

24b----------------------------------------24b

2.Suggestion: Shimon was obligated to swear that he is exempt, and Reuven agreed to pardon him (if he swears by his head).

(l)Answer: No, Shimon was obligated to swear in order to collect, and Reuven agreed to pay him (if he takes such an oath).

(m)Question: (According to Rava,) the Reisha discusses when Reuven agreed to pay. Why must also the Seifa teach this?

(n)Answer: It teaches when he agreed to pay if others (invalid judges) will say so, and when he agreed to pay if his opponent wants (and swears);

1.It needed to teach both cases.

2.Had it taught only when he agreed to pay if others will say so, one might have thought that only then R. Meir allows him to retract, because he did not decide absolutely to pay (perhaps the judges will acquit him), but R. Meir agrees that Reuven cannot retract when he agreed to pay if Shimon wants;

3.Had it taught only when he agreed to pay if Shimon wants (to swear), one might have thought that only then Chachamim do not allow him to retract (for he knew that Shimon will take the oath to collect), but Chachamim agree that Reuven can retract when he accepted invalid judges.

4)WHEN MAY ONE RETRACT?

(a)(Reish Lakish): The argument is before the final verdict, but after the final verdict, all agree that he cannot retract.

(b)(R. Yochanan): They argue after the final verdict.

(c)Question: Does he mean that they argue only after the final verdict, but before this, all agree that he can retract?

1.Or, does he mean that they argue even after the final verdict?

(d)Answer: Rava taught that if he accepted a relative or invalid witness, he can retract only until the final verdict.

1.If this is R. Yochanan's opinion, Rava holds like R. Yochanan, according to Chachamim (surely, he would not rule like R. Meir against Chachamim);

2.However, if R. Yochanan says that they argue in both cases, like whom does Rava hold?

3.We conclude that they argue only after the final verdict. (Here we cannot say that Rava is a third opinion, for he merely rules like one of the opinions.)

(e)Version #1 - Question (Rav Nachman bar Rav Chisda): Is the argument before or after the final verdict? Like whom is the Halachah?

(f)Answer (Rav Nachman bar Yakov): The argument is after the final verdict. The Halachah follows Chachamim.

(g)Version #2 (Rav Ashi) Question (Rav Nachman bar Rav Chisda): Is the argument when Reuven agreed to pardon Shimon, or when Reuven agreed to pay him (if a Beis Din with his father... will rule this way)? Like whom is the Halachah?

(h)Answer (Rav Nachman bar Yakov): The argument is when Reuven agreed to pay. The Halachah follows Chachamim.

(i)Version #3 (Chachamim of Pumbadisa) Question (Bei Rav): May Reuven retract before the final verdict if a Kinyan was done?

(j)Answer (Shmuel): One can never retract after a Kinyan.

5)INVALID JUDGES AND WITNESSES

(a)(Mishnah): The following are disqualified (from judging or testifying): diceplayers, those who lend on Ribis (usury), Mafrichei Yonim (this will be explained) and Socharei (those who sell) Shemitah Peros.

(b)R. Shimon: At first, they used to call such people gatherers of Shemitah Peros. After extortionists became rampant, they called them Socharei Shemitah.

(c)R. Yehudah: When is this? It is if they have no other profession. If they have another profession, they are Kesherim.

(d)(Gemara) Question: Why are diceplayers disqualified?

(e)Answer #1 (Rami bar Chama): Betting is Asmachta (the loser did not expect to lose. He did not decide absolutely to give his money). It is not a Kinyan (the winner is not entitled to the money).

(f)Rejection (Rav Sheshes): This is not Asmachta (the loser realized that he may win or lose. He knowingly agreed that the loser will pay!)

(g)Answer #2 (Rav Sheshes): They are disqualified because they do not contribute to society.

(h)Question: What is the difference between these answers?

(i)Answer: They argue about one who has a profession (Rami bar Chama disqualifies him, and Rav Sheshes is Machshir).

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