New Edition of the Babylonian Talmud, Vol. 1

CHAPTER III.

MISHNAS I. TO III. Civil cases are decided by three judges: one party may select one, the other party selects one, and both parties select one more. The pure-minded people of Jerusalem would not sign a document unless they knew who the other signatory would be, and they would not sit to judge unless they knew who their colleagues would be. One has no right to reject a judge who was appointed by the majority. There is a rule that the testimony of one who is interested in the case is not to be considered. Proof is required for every claim, even if it is not significant enough to alter the outcome. He who saw Resh Lakish in the college saw one who uprooted hills and crushed them; he who saw Rabbi Meir saw one who uprooted mountains and crushed them. Gamblers (habitual dice-players), usurers, and those who play with racing doves are disqualified as witnesses. What crime is there in dice-playing? Because they do not occupy themselves with the welfare of the world. One who borrows to pay a usurer is also disqualified. Gamblers include those who play with dice—not only dice, but even the shells of nuts or pomegranates. Among those who play with doves, other animals are also implied. Added to the list of disqualified witnesses are robbers and those who take things by force (i.e., those who seize property even if they pay for it). A second category added includes tax collectors and government contractors. The father of Rabbi Zera was a tax collector for thirteen years. One’s preoccupation with maintaining one's livelihood hinders the study of the law. Those who accept charity from idolaters are disqualified as witnesses, provided they do so publicly. One who is wicked in money matters is disqualified from witnessing, but not one who is wicked only in religious matters. Bar Hama had slain a man, and the Exilarch told Abba b. Jacob to investigate the case; if he truly slew the man, they should make the murderer blind, etc. 64-79