כ"ו אב תשעז“  Friday, Aug 18 2017

ן ל“ג סנהדרי OVERVIEW of the Daf Distinctive INSIGHT 1) Reversing a decision When do we reverse a judgment made in error? רב ששת אמר כאן שטעה בדבר משנה A Mishnah is cited that contradicts the Mishnah’s ruling that a monetary decision may be reversed. R’ Yosef differentiates between an expert judge and a non- O ur Mishnah (32a) taught that if the judges realize that expert judge. they erred in judgment, if the case is a monetary case, it can be R’ Nachman further qualifies R’ Yosef’s explanation. reversed. If the case is a capital case, it can only be reconsid- R’ Sheishes suggests another resolution to the contradic- ered and reversed if the judges realize that they mistakenly con- tion. victed the defendant, but not if they mistakenly acquitted him are defined. and now want to convict. The Gemara detects that a Mishnah שיקול הדעת and בדבר משנה The terms R’ unsuccessfully challenges R’ Sheishes’s opin- in Bechoros (28b) reports that if a verdict had been mistaken, ion. the judgment is binding and final, but the judge must pay out The premise of R’ Hamnuna’s challenge is unsuccessfully of his own pocket to reimburse any payments or losses that questioned. were as a result of his mistake. We see, therefore, that the judg- R’ Chisda offers an alternative resolution to the contradic- ment rendered is not reversed, which is the reverse of what our tion. Mishnah ruled. This explanation is unsuccessfully challenged. The first answer of the Gemara is given by R’ Yosef and 2) Reversing a decision in capital cases explained by R’ Nachman. Our Mishnah is speaking about a A Baraisa elaborates on the halachos of reversing a decision case where the original, mistaken ruling was issued by a judge in capital cases. where there was a more competent judge in the area who R’ Shimi bar Ashi notes that we would convict an instigator should have been the one who ruled. By not deferring to the even if he initially emerged innocent. more qualified judge, the lower judge will now have his ruling R’ Sheishes in response to R’ ’s inquiry, ruled that we overturned. The Mishnah in Bechoros is dealing with a case also cannot reverse an innocent verdict regarding exile or lash- where the ruling was issued by the most qualified judge availa- es. ble. Therefore, the judgment is final. A Baraisa is cited that supports the rulings of R’ Sheishes. Sheishes gives a different answer to the two Mishnayos. (Continued on page 2) Our Mishnah, where the judgment is reversed, is dealing with a case where the mistake was regarding a halacha which is found in a Mishnah. Rashi explains that this is a grievous error, and REVIEW and Remember the ruling has no validity. This is why it should be reversed. ,The Chinuch (Mitzvah 233) says that the ruling is cancelled ? שיקול הדעת What is an example of a mistake in .1 ______and it is as if it was never said. The Mishnah is Bechoros, 2. Why is a recognized expert exempt from payment if he where the ruling stands, is dealing with a case where the judge errs in judgement? erred in a discretionary call regarding the flow of the sugya. ______His misinterpretation of the conclusion of the discussion in a 3. When does the principle of double jeopardy not apply? Gemara is not enough for the ruling to be reversed, but the ______judge must still pay for his mistake. 4. What is the point of dispute between R’ Yosi bar R’ Ye- explains that the difference between the Mish- hudah and Rabanan? nayos is that in the case of Bechoros, the judge not only ruled ______improperly, but he also personally took the money from the plaintiff and gave it to the defendant. Here, the judge must pay for his improper judgment and inappropriate involvement. In Today’s Daf Digest is dedicated our Mishnah, the judge ruled improperly, but he had no part In loving memory of in the actual payment. Therefore, the money should be re- Moshe Yechezkel ben Yehoshua A"H, turned. by his children Dr. and Mrs. Aaron Friedman writes that Rav Sheishes disagrees with the other רמ ה“ answers given in the Gemara, and he holds that the only time Today’s Daf Digest is dedicated we reverse a ruling is when it was an overt error in opposition hold that רא“ש and בעל המאור .In loving memory of the yaharzeit of our brother to a ruling found in a Mishnah ’says that R ן“ר Mr. Marvin Brickman o.b.m. R’ Sheishes agrees with , while , “ע ה ,Moshe Dov ben Shmuel by Mr. and Mrs. Alan Gerber Sheishes agrees with Rav Chisda.  סנהדרין ל“ ג —Number 1843

(Overview...continued from page 1) R’ Yochanan asserts that if the judges made a mistake in HALACHAH Highlight something that is explicit in the their decision is reversed .if he follows his own erroneous ruling? in favor of a conviction שוגג Is one a -R’ Chiya bar Abba asked whether a decision could be re טיהר את הטמא שעירבן בין פירותיו [The case where a judge declared] tahor something that was tamei versed for a conviction in a case of adultery. [refers to] where he mixed it in his other fruit R’ Yochanan confirms that it is reversed. A similar statement of R’ Yochanan is cited and explained. 3) Advocating for an acquittal in capital cases agen Avrohom 1 rules that if a person received an er- M The Mishnah that implies that even the witnesses can advo- roneous ruling to do a melacha that is prohibited on Shab- cate for acquittal in capital cases seems to follow R’ Yosi bar R’ .and may himself benefit, Yehudah rather than Rabanan שוגג bos, he is considered a immediately after Shabbos, from the melacha that he per- R’ Pappa suggests that the Mishnah refers to students ra- formed. A related question is whether a Torah scholar who ther than the witnesses.  followed his own erroneous ruling and did a melacha on -and permitted to benefit Upon further consideration he backtracks from this rul שוגג Shabbos is also considered a from the melacha immediately after Shabbos. ing suggesting that there is a difference between the dili- 2 Da’as Torah suggests that the Torah scholar should not gence required when one rules for others and the diligence based on a comment of Tosafos to our required when one rules for himself. This distinction is שוגג qualify as a 3 Gemara. Tosafos writes that if a Torah scholar erroneously based on Tosafos 4 who writes that one has to exercise great- ruled that tamei fruit was tahor and the owner mixed the er caution to avoid damaging others than he has to have to questionable fruit with tahor fruit the scholar is liable for prevent himself from becoming damaged. Accordingly, one the loss he caused. He cannot claim that the damage was a is expected to be more careful when ruling for others than -since we expect a Torah scholar to be more careful one would be when ruling for himself and thus an errone שוגג but for himself שוגג when issuing a halachic ruling and the fact that the ruling ous ruling for others is not considered a  . שוגג was wrong indicates that he did not perform due diligence he is considered a .1 מג"א או"ח סי' שי"ח סק"ג. -before issuing his ruling and is thus accountable. Accord .2 דעת תורה שם סע' א'. ingly, when the Torah scholar followed his own erroneous .3 תוס' ד"ה שעירבן. since he should שוגג ruling he should not be categorized as a .4 תוס' ב"ק כ"ג. ד"ה ולחייב.  .have exercised greater care before issuing his ruling

stayed in a very simple village at the He then turned to his companion STORIES Off the Daf home of a simple villager who worked and said, “I learned from that simple all day long in the field. One evening man a new explanation in Sanhedrin “The farmer's lament” their host returned home in a de- 33. There we find that says, Are we — ? קטלי קניא באגם אנן spondent mood. He complained to the ‘Are we "אטו אנן קטלי קניא באגמא אנן..." Chasam Sofer that he had it worse people who cut reeds in swamps?’ But R av Avraham Yehoshua Heschel, than all the other field workers who why did Rav Ashi specifically choose were off during the winter months. “I this livelihood to illustrate a person אוהעל zt”l, the Av Beis Din of and a close student of the Chasam also know how to cut thin reeds which who is not learned? The answer may Sofer, zt”l, recounted that it was the grow in swamps. Since this job can on- well be as this simple man just ex- wont of his rebbe to apply everything ly be done during the winter months, plained: a cutter of reeds in the swamp he heard or saw to Torah. He illustrat- when the swamps are frozen over, I works during winter and since he is ed this statement with a remarkable have no rest; not during the summer likely to also be preoccupied with his story.: or even for the duration of the long field during the summer months, he Rav Avraham Yehoshua accompa- winter.” never has time to learn. Rav Ashi was nied the Chasam Sofer, zt”l, to a dis- The Chasam Sofer expressed his saying: since we are not people who cut tant town so the latter could have a sympathy and the man left the room. reeds in swamps, we at least have time well deserved summer rest. The two to learn during the winter months!” 1

Daf Digest is published by the Chicago Center for Torah and Chesed, under the leadership of HaRav Yehoshua Eichenstein, shlit”a HaRav Pinchas Eichenstein, Nasi; HoRav Zalmen L. Eichenstein, Rov ; Tzvi Bider, Executive Director, edited by Rabbi Ben-Zion Rand. Daf Yomi Digest has been made possible through the generosity of Mr. & Mrs. Dennis Ruben.