What are the ramifications of "mi'Devar Sheker Tirchak"?


Seforno: It is a warning to the Dayanim to speak in such a way that does not encourage the witnesses to give false testimony. 1


Rashbam: If a Dayan senses that something rings false and that the witnesses are lying but is unable to prove it, he should withdraw from the case. 2


Shevu'os, 30b: It is a prohibition against a Dayan who realizes he has erred, searching for reasons to vindicate himself. 3


Shevu'os, 30b: It is a prohibition against a Dayan adopting a Talmid who is illiterate, and a Dayan and a witness against joining with a colleage whom he knows to be a Gazlan. 4


Shevu'os, 31a: It is a prohibition against a Talmid sitting in front of Beis-Din remaining silent if he perceives a merit for a poor litigant 5 or a liability against a rich one, or if he perceives his Rebbe (the Dayan) to have erred


As the Mishnah states in Pirkei Avos, 1:9, 'Chachamim, guard your words, lest they extrapolate from them to lie!'


And not say 'Let the noose be placed around the necks of the witnesses!' and continue with the case. See Torah Temimah, note 49 & 50.


See Torah Temimah, note 46.


See Torah Temimah, note 48.


See Torah Temimah, note 51.


To convey the impression that the Rebbe has two witnesses, thereby encouraging him to admit and pay. Refer also to 23:1:3:2.


See Torah Temimah, note 54.


See Torah Temimah, note 55.


Refer also to 23:1:1:2.


See Torah Temimah, who elaborates to explain the Mechilta and the proof that it cites from Koheles, 7:26 "u'Motzi Ani Mar mi'Maves es ha'Ishah".


Tikunei Zohar, 505. Because, as opposed to Emes, each latter of which stands on a wide base, 'Shiyn', 'Kuf' and 'Reish' each stand on only one leg


The Torah presnts the La'av against lying in Kedoshim, Vayikra, 19:11. Why does it insert "mi'Devar Sheker Trchak" here?


Oznayim la'Torah: To incorporate where one is permitted to lie, 1 that one should do so in a way that avoids lying directly. 2


Oznayim la'Torah: Such as 'Mutar Leshyanos Mipnei ha'Shalom'


What are the ramifications of "ve'Naki v'Tzadik Al Taharog"?


Refer to 23:7:3:1,2 & 3.


Sanhedrin, 33b: To declare innocent one about whom one witness testifies that he worshipped the sun, and the other witness, that he worshipped the moon 1 - since the two witnesses do not combine.


Mechilta: To declare innocent Reuven who was chasing Shimon, drawn sword in hand, and whom two witnesses warned and lost sight of him as he entered the house after Shimon - They followed him into the house where they found Shimon stabbed and breathing his last, and Reuven standing over him, his sword dripping blood.


See Torah Temimah, note 61.


What is the difference between "Naki" and "Tzadik"?


Rashi: If the defendant leaves Beis-Din guilty (of the death-sentence) and a Talmid claims to have something to say in his defense, he is returned to Beis-Din to hear what the Talmid has to say - in case he is innocent (Naki), because the Torah writes "Naki Al Taharog". On the other hand, if the defendant leaves Beis-Din innocent (Tzadik) and the Talmid claims to have something to say that will render him guilty, he is not brought back to Beis-Din, because the Torah writes "ve'Tzadik Al Taharog".


Targum Yonasan: Once the defendant leaves Beis-Din innocent, he cannot be given the death-sentence ("Naki Al Taharog"), whereas if he leaves guilty, he can subsequently be absolved ("Tzadik Al Taharog").


Rashbam and Targum Onkelos: Once the defendant has left Beis-Din innocent and has been declared righteous, one is not permitted to return him


What are the connotations of "Ki Lo Atzdik Rasha"?


Rashi and Rashbam: In the latter case (Refer to 23:7:1:1), one need not worry about letting a murderer loose, because Hashem, who has many emissaries, will see to it that he receives the punishment that he deserves. 1


Targum Yonasan: (Refer to 23:7:3:2). Had the defendant been guilty, Hashem would not have allowed him to be declared innocent.


Yerushalmi Sanhedrin, 4:3: It negates the notion that, since, in the obove-mentioned cases, Reuven is Patur be'Dinei Adam, he is also Patur be'Dinei Shamayim. 2


Refer to 23:7:4:3.


See Torah Temimah, note 63.

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