New Edition of the Babylonian Talmud, Vol. 1

MISHNAS IV. TO VI. The following are considered relatives who may not be witnesses: brothers, brothers of one's father or mother, brothers-in-law, etc. "My father's brother shall not witness in my cases; nor he, his son, or his son-in-law." "The brother of my mother-in-law cannot be a witness for me." The husband of one's sister, the husband of one's father's sister, and the husband of one's mother's sister—their sons and sons-in-law—are also excluded. A stepfather and his son-in-law, etc. There was a deed of gift signed by two brothers-in-law—i.e., two husbands of two sisters. How were the witnesses examined? They were brought into separate chambers. How were the witnesses intimidated? One man hid witnesses behind his bed curtains and said to his debtor, "Do I have a mana a silver coin with you?" There was a man nicknamed "the man who has a whole kab a dry measure of promissory notes against him." Another was called "the mouse who lies on dinars gold coins." There was a document of confession that did not contain the phrase: "He (the debtor) has said to us, 'Write a document, sign it, and give it to him (the creditor).'" "I have seen your deceased father hide money in a certain place, saying, 'This belongs to so-and-so.'" How is the judgment to be recorded? Such was the custom of the pure-minded in Jerusalem. They brought the parties in, heard their claims, then had the witnesses enter and heard their testimony, then told them all to leave, etc. This is a rule for every case where "a witness" is mentioned—it implies two. Simeon b. Alyaqim was anxious that the degree of Rabbi be granted to Jose b. Hanina. A confession after a confession, or a confession after a loan, may be conjoined; but a loan after a loan, or a loan after a confession, cannot be joined (p. 91). Witnesses in civil cases who contradict one another in unimportant details must be evaluated. So long as the defendant brings evidence to his advantage, the decision may be nullified by the court. If, however, he had previously said, "I have no witnesses," etc. What happened to Rabbi Nahman regarding a young man whom he found liable. If someone summons a party who says, "I want my case heard before the assembly of sages," he may be compelled to try his case in that city. In Babylon, they are not permitted to try cases involving fines. 79-96

CHAPTER IV.

MISHNAS I. TO III. In cases coming before the court, the witnesses must be examined and investigated. What is the difference between civil and criminal cases? The following from (a) to (g). Biblically, there is no difference between civil and criminal cases regarding the requirement for investigations. Why then is it enacted that civil cases do not require such investigation? "Justice, only justice, shall you pursue" means that one should follow a case to the city of a celebrated judge. What must the court say first to the advantage of the defense in criminal cases? If one has tried a case and made an innocent person liable, or vice versa, etc. Tudus the physician testified that not one cow or swine was sent from Alexandria in Egypt without its womb being removed. If one was found guilty by the court, and thereafter someone comes forward saying, "I have a defense for him," etc. As long as the fire in the stove burns, cut all you wish to roast and roast it (i.e., when studying a subject, consider it thoroughly to prevent future questions). All who take part in the discussion may explain their reasons until one of the accusers yields to one of the defenders. In the neighborhood of Rabbi Johanan, a blind man used to judge cases. From the time of Moses until the time of Rabbi, we do not find one man who possessed equal shares of wisdom, riches, and glory. One may teach his disciple, and at the same time judge with him in criminal cases. In ten ways civil cases differ from criminal cases. Everyone is competent to judge civil cases, but not everyone is competent to judge criminal cases. The Sanhedrin sat in a half-circle so they could see one another. The Torah has testified that we are such a people that even a fence of lilies is sufficient for us, and it will never be broken. How were the witnesses awestruck in criminal cases? A human stamps many coins with one stamp, and all are alike; but the Holy One, blessed be He, has stamped every man with the image of the first Adam, and yet not one is like another. Although the Sanhedrin no longer existed, the punishment of the four kinds of death prescribed in the Scripture was not abolished by Heaven. Adam was created singly; why? So that disbelievers would not claim there were many Creators in heaven. In three things one differs from his neighbor: in voice, appearance, and mind. 97-114