hebrew
1)

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

1.

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

2.

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

3.

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

4.

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

5.

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


1

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

2

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.

3

See Torah Temimah, note 46.

4

See Torah Temimah, note 48.

5

See Torah Temimah, note 51.

6

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

7

See Torah Temimah, note 54.

8

See Torah Temimah, note 55.

9

Refer also to 23:1:1:2.

10

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".

11

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

2)

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

1.

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


1

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

3)

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

1.

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

2.

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.

3.

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.


1

See Torah Temimah, note 61.

4)

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

1.

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".

2.

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").

3.

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

5)

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

1.

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

2.

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

3.

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


1

Refer to 23:7:4:3.

2

See Torah Temimah, note 63.

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