1)

What are the implications of "ve'Amdu Sh'nei ha'Anashim"?

1.

Rashi (citing Shevu'os, 30a): It implies a. that women (and Ketanim) 1 are ineligible to testify 2 and b. that the witnesses are obligated to stand when testifying.

2.

Shevu'os, 30a #1: We learn via a Gezeirah Shavah "Sh'nei" "Al-Pi Sh'nei Eidim, in Pasuk 14, that the Pasuk is referring to the two witnesses. 3

3.

Shevu'os, 30a #2: It implies that it is a Mitzvah for the two litigants 4 to stand when presenting their case.

4.

Bava Basra, 155b: It implies that Ketanim are ineligible to testify. 5


1

Refer to 19:15:4:1. See also Torah Temimah,note 60.

2

See Sifsei Chachamim.

3

See Torah Temimah, note 56.

4

See Torah Temimah, note 57.

5

See Torah Temimah, note 58.

2)

Seeing as "Sh'nei" always implies that the two are equal, in what respect is the Torah comparing the two litigants?

1.

Yerushalmi Sanhedrin, 3:9: To teach us that Beis-Din are not permitted to make one witness stand and allow the other one to sit, 1 or to allow one witness to deliver his testimony in full and to order the other one to cut his short. 2


1

Refer also to 19:17:2:1*.

2

See Torah Temimah, note 59.

3)

Why does the Torah insert the (otherwisewise superfluous) words "Asher lahem ha'Riv"?

1.

Rashi: With reference to the two litigants, the Torah is teaching us that the obligation to stand extends to them as well. 1

2.

Sifri: To teach us that the witnesses are only permitted to testify in the presence of the litigants. 2


1

R. Yehudah in a Beraisa in Shevu'os 30a, maintains that the Dayanim may seat both litigants, but they may not seat one and make the other one stand. Refer also to 19:17:1.1:1 and see Torah Temimah, note 63.

2

See Torah Temimah, note 61.

4)

Why does the Torah insert the words "Lifnei Hashem"?

1.

Rashi: To teach us that one should stand in front of Beis-Din in awe as if one was standing in front of the Shechinah. 1

2.

Ramban (on Pasuk 19): This indicates that when the litigants 2 and the witnesses stand before Beis-Din, they are standing before Hashem, 3 who, in turn, stands with the Dayanim and guides them along the path of justice and truth.

3.

Sanhedrin, 6b: To teach the witnesses that they should know before Whom they are standing and that He will punish them if they testify falsely. 4

4.

Yerushalmi Sanhedrin, 1:1: When the litigants would come before R. Akiva for litigation, he would say to them 'Know before Whom you are standing, as the Pasuk states "ve'Amdu Sh'nei ha'Anashim Lifnei Hashem"; "Lifnei Hashem", 've'Lo Lifnei Akiva ben Yosef!'. 5


1

Rashi: As the Pasuk writes in Tehilim, 82:1 "be'Kerev Elokim Yishpot" (Hashem sits with the Dayanim).

2

And the same applies to womeon who comes before Beis-Din to ask a Halachah or a She'eilah. See Torah Temimah, citing the Yerushalmi Nedarim, 10:5.

3

See Torah Temimah, citing Sanhedrin, 19a and note 63.

4

See Torah Temimah, note 62, who, citing the Gemara, says the same about the Dayanim but based on the Pasuk in Tehilim, 82:1 "Elokim Nitzav ba'Adas Keil".

5

See Torah Temimah, note 65.

5)

What are the implications of the words "asher Yih'yu ba'Yamim ha'Heim"?

1.

Rashi: It implies that one must honor the judge of one's time, irrespective of the fact that he is not be as great as the Dayanim of former times. 1


1

Rashi (citing Rosh Hashanah, 25b): 'Yiftach be'Doro ki'Shemuel be'Doro'. Oznayim la'Torah: Because Hashem sits with the Dayanim when they judge - Refer to 19:19:2:2*, whoever they are.

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