Sanhedrin 7a — the Talmud in English

What is the meaning of “a mitzva as well”

What is the meaning of “a mitzva”

that Rabbi Yehoshua ben Korha says ![](pamud.bmp "

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It is a mitzva to say to them,

to propose to them:

If you want judgment, if you want compromise.

And this is what Rav ruled, and this is how Rav Huna, his student, conducted himself.

And the Gemara objects: If so—

this is the first tanna!

For the first tanna also said that after the completion of the judgment it is forbidden to make a compromise, and it is implied from his words that before the completion of the judgment there is permission to make a compromise. And it is implied that one proposes a compromise to them; and if so, in what does the opinion of Rabbi Yehoshua ben Korha differ from the opinion of the first tanna? [For the beraita implies that they disagree].

The Gemara answers:

There is a difference between them,

there is still a difference between them, with regard to

“a mitzva.”

Rabbi Yehoshua ben Korha holds,

there is a

mitzva

for the judges to propose a compromise before them.

And the first tanna holds,

this is not a mitzva, but only

permission

for the judges to propose a compromise before them.

But the Gemara objects:

This is the opinion of Rabbi Shimon ben Menasya!

For the words of the first tanna are like the words of Rabbi Shimon ben Menasya, as both hold that before the

completion of the judgment one proposes a compromise before them, but after the completion of the judgment you are not permitted to make a compromise!

The Gemara answers:

There is a difference between them,

there is a difference between the first tanna and Rabbi Shimon ben Menasya concerning the following:

Once you have heard their words, and you know toward where the judgment inclines, you are not permitted to say to them, “Go out and compromise.”

For only Rabbi Shimon ben Menasya holds this way, whereas the first tanna holds that it is still permitted to make a compromise until the completion of the judgment, that is, until the court says: “So-and-so, you are liable!” or, “So-and-so, you are exempt!”

And from now we have four differing opinions concerning compromise.

a. Rabbi Yehoshua ben Korha holds [and the halakha is like him] that there is a mitzva to propose a compromise.

b. Rabbi Shimon ben Menasya holds that there is permission to propose a compromise, but only until the judge knows toward where the judgment inclines.

c. The first tanna holds that there is permission to propose a compromise even until the completion of the judgment.

d. Rabbi Eliezer, the son of Rabbi Yosei the Galilean, holds that it is forbidden to make a compromise at all.

Above, the Gemara brought several expositions of the tannaim concerning the verse, “And one who blesses the one who makes a compromise has despised the Lord,” and now the Gemara says:

And

these tannaim,

disagree

with

[the teaching] of Rabbi Tanhum ben Hanilai.

For Rabbi Tanhum ben Hanilai said: This verse was not stated

about “And one who blesses the one who makes a compromise,”

except with regard to the incident of the Golden Calf,

when Aaron made a compromise between himself and the people, and permitted himself a compromise, to make the Golden Calf for the Children of Israel.

And for what reason did he do so?

As it is stated

[Exodus 32]

“And Aaron saw, and he built an altar before it.”

And we expound “and he built” in the sense of understanding, and we expound “altar” in the sense of slaughtered, for he saw Hur slain—

What did he see

Aaron?

Rabbi Binyamin bar Yefet said in the name of Rabbi Elazar: He saw

the

Hur

son of Miriam, the sister of Moses and Aaron,

slaughtered before him.

He had been killed before his eyes, because the Children of Israel killed him when he did not wish to make the Golden Calf for them.

And Aaron made a compromise, and

said

in his heart:

If I do not heed them,

if I refuse the Children of Israel to make the Golden Calf,

now they will do to me

now they will do to me

as

that is,

they did to Hur,

that they will kill me as they killed Hur,

and it will be fulfilled through me

what the prophet laments concerning the burning of the Temple:

“If

a priest and a prophet are killed in the Temple of the Lord,”

for if they kill Aaron, who was a priest and a prophet, then

they will never have a remedy,

so that the Lord will not wish to forgive them. Therefore Aaron reasoned:

It is better that they make the Calf,

that they make the Calf, and then

perhaps they will have a remedy through repentance.

They will have a remedy, for the Holy One, blessed be He, will forgive them when they repent.

Above, the Gemara brought the opinion of Rabbi Shimon ben Menasya, who learns from the verse, “He who releases water is the beginning of strife,” that a compromise made before the quarrel exempts one from the strife.

And the Gemara asks: How will the other tannaim—who do not expound it in this manner—expound this verse?

And these tannaim,

the verse

“He who releases water is the beginning of strife”—what do they expound from it?

And the Gemara answers that they expound it

in accordance with Rav Hamnuna.

For Rav Hamnuna said: A person’s initial judgment is not judged,

when a person is judged in the future, upon his death and departure from the world, they do not begin to judge him concerning another matter,

but

his initial judgment is

concerning words of Torah,

because he did not engage in Torah when it was possible for him,

as it is stated, “He who releases water,”

one who releases from upon himself the yoke of Torah, which is likened to water, is

“the beginning of strife,”

for this is the beginning of his judgment.

And now the Gemara explains what Rabbi Shimon ben Menasya said, that strife is likened to water, and therefore he expounded the verse, “He who releases water is the beginning of strife,” concerning judges, that they should release and cast away the “water.”

Rav Huna said: This quarrel

the quarrel,

resembles,

it resembles

the trickle of a breach in a flow of water,

a stream of water that emerges from the river when it rises above its banks. At first, the water seeps in a thin stream through a hole that it makes in the mound of earth [standing beside the river to prevent the flooding of the fields]. And if the small hole at the place where the water emerges is not sealed at the beginning of its formation, then

once it widens, it widens!

the thin stream continues expanding into a mighty stream, until it can no longer be sealed.

This is the parable. And the lesson is that the quarrel begins with small, insignificant matters; but if one does not release and cast it away, it expands and spreads until it is impossible to stop it.

And the Gemara brings another parable concerning quarrel [and according to Tosafot, this is another exposition of the verse, “He who releases water is the beginning of strife”]—

Abaye the Elder said:

A quarrel

resembles,

it resembles

the wall of a bridge,

wooden boards of a bridge. At first, when they are placed, they move and sway, and finally

once it stands, it stands.

When many people step on them, they become stronger and fixed in their place. This is the parable.

And the lesson is that at first a quarrel is not strong; but when they increase in fighting, and each person takes his stand and remains firm in his opinion, then the quarrel grows stronger.

“Heard” and “delayed”; “seven” and “sing” are the mnemonic.

And the Gemara now brings another exposition of the verse, “He who releases water is the beginning of strife,” and proves that a saying customary in people’s mouths is alluded to in a verse.

And the Gemara relates: There was an incident involving

a certain

man

who would say and go on,

who was accustomed to say the following saying:

Fortunate is he who goes and remains silent,

the man who hears his humiliation and remains silent, and becomes accustomed to remaining silent,

a hundred evils pass him by.

Through his silence he will be spared a hundred evils that were destined to come upon him had he been enticed to enter into a quarrel.

When Samuel heard this saying,

Samuel said to Rav Yehuda: A verse is written!

It is an explicit verse:

“He who releases water is the beginning of strife.”

And we expound “releases” in the sense of opening, and concerning “water” we have said above that its flow is likened to quarrel. And one who opens with quarrel—“is the beginning of strife.” And we expound “strife” as an acronym for “a hundred judgments.” And “judgment” is in the sense of evils and troubles. Or “strife” has the numerical value of one hundred, and it is the beginning of a hundred judgments.

And in connection with our having said that sayings customary in people’s mouths are explained and alluded to in verses, the Gemara brings further examples of this.

A certain man,

there was one man,

who would say and go on,

who was accustomed to say:

After two and three, a thief is not killed!

For two or three thefts the thief is not punished, but in the end he will be punished. That is, if the thief transgresses two or three times and punishment has still not come upon him, he should not wonder, for in the end he will be struck on the last occasion.

Samuel said to Rav Yehuda: A verse is written,

it is an explicit verse:

“Thus said the Lord: For three transgressions of Israel, and for four, I will not revoke it.”

And we expound the verse in the language of a question: Is it that for four I will not return the punishment to him!?

A certain man,

there was one man

who would say and go on

who was accustomed to say:

Seven pits are dug for the whole man.

Seven open pits stand at the feet of a whole man and the Lord will save him from all of them.

And one for an evildoer.

And one pit for those who commit wickedness, to fall into it immediately.

Samuel said to Rav Yehuda: A verse is written

it is an explicit verse:

“For a righteous man falls seven times and rises, but the wicked stumble through one evil,”

and we expound “evil” in the singular; therefore the wicked person will fall through one.

A certain man,

there was one man

who would say and go on,

who was accustomed to say:

One who leaves the court having had his garment taken,

one from whom the court took his garment for payment of his debt,

let him sing a song and go on the road.

Let him go on the road cheerful and happy, and sing a song. That is, he should not become sad, but should rejoice that they removed the stolen object from his hand.

Samuel said to Rav Yehuda: A verse is written,

this is an explicit verse:

“And this entire people shall also come to its place in peace,”

these are the words of Jethro in his advice to Moses to appoint judges to judge the people, and we expound from “the entire people” that it includes even one who is found liable, and he too will come to his place in peace.

A certain man

there was one man,

who would say and go on,

who was accustomed to say:

She dozes, and the basket hangs low.

When the woman dozes, the basket falls from her head, in which she places her work implements, such as a distaff. This is the parable, and the lesson is that because she is lazy, her work is not noticeable.

Samuel said to Rav Yehuda: A verse is written

it is an explicit verse:

“Through laziness the framework sinks,

and through slack hands the house leaks.” Meaning: When a person is lazy and does not repair a small breach in the roof of the house, “the framework sinks,” the ceiling descends; and through slack hands, when he does not repair a small hole in his roof, the house leaks.

A certain man

there was one man

who would say and go on

who was accustomed to say:

The man in whom I trusted

the man in whom I trusted

raised his fist and stood,

he raised his fist against me. This is the parable, and the lesson is that one who was my friend became my enemy.

Samuel said to Rav Yehuda: A verse is written

it is an explicit verse

“Even my ally in whom I trusted,

who ate my bread, has greatly raised his heel against me.” Meaning: My friend, in whom I trusted, and whose life I sustained so that he could eat my bread, laid great ambushes for me to capture me.

A certain man

there was one man

who would say and go on

who was accustomed to say:

When our love was strong

when the love between me and my wife was strong,

we lay on the width of a sword,

we had room to lie even on a narrow place, the width of a sword [by way of exaggeration],

but now that our love is not strong,

now that our love is not strong,

a bed sixty cubits wide

a bed sixty cubits wide

is not sufficient for us,

it is not sufficient for us [by way of exaggeration].

Rav Huna said: Verses can be written,

this matter can be learned from verses:

Initially

at first, when the love of the Holy One, blessed be He, for the Children of Israel was strong,

it is written: “And I shall meet with you there and speak with you from above the cover,”

for the Holy One, blessed be He, said to Moses that He would cause His Divine Presence to rest upon the Ark, and from there the word of the Lord would come to him,

and it was taught,

we learned in a beraita,

the Ark was nine,

the height of the Ark was one and a half cubits, which are nine handbreadths,

and the cover

that was upon it was

a handbreadth

high. Here there are ten

handbreadths. And the length of the Ark was two and a half cubits. It follows that the resting of the Divine Presence and His meeting with Moses was in a small place ten handbreadths high.

And it is written [

the version of the Maharshal

and finally it is written],

in the House that Solomon built,

“And the House that King Solomon built for the Lord was sixty cubits in its length, twenty in its width, and thirty cubits in its height.” And finally,

when they sinned, at the time when the love of the Holy One, blessed be He, and the Children of Israel was not as strong as before,

it is written: “Thus said the Lord: The heavens are My throne and the earth is My footstool. What house could you build for Me?” and so on.

What house could you build for Me into which I could confine My Divine Presence?

We learned above that Rabbi Hanin expounds “you shall fear” as an expression of entering, and now the Gemara proves that it is an expression of bringing in.

From where is it indicated that this “you shall not fear” is an expression of gathering in,

which has the meaning of bringing in?

Rav Naḥman said: The verse says: “And wine you shall not drink, and you shall not gather in.”

Do not bring it in from the field into the house; thus it is an expression of bringing in.

Rav Aḥa bar Yaakov said: From here,

from this verse:

“She prepares her bread in summer; she gathers in her food at the harvest.”

The ant is not lazy, and during the days of harvest it brings in the kernels that fall from the harvest, for the days of cold.

Rav Aḥa, son of Rav Ika, said: From here,

from this verse:

“He who gathers in during summer is an intelligent son.”

For the intelligent son gathers and brings in grain during the summer days, when its price is cheap, for the winter days, when it is expensive.

And now the Gemara brings statements of tannaim and amoraim to warn the judge of the great responsibility he bears to judge a true judgment.

“Truth, money, fear”—a mnemonic.

Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said:

Every judge who judges a true judgment

in its truth,

causes the Holy One, blessed be He,

to cause the Shekhinah to dwell among Israel, as it is stated: “God stands in the divine assembly; among the gods He judges” .

And every judge who does not judge a true judgment in its truth,

he

causes

the Shekhinah to depart from Israel,

as it is stated: “Because of the spoiling of the poor, because of the groaning of the destitute,

now I shall arise, says the Lord.”

For the Holy One, blessed be He, says that He will depart from them.

And

further

Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said: Every judge who takes

from

a litigant

this and gives to

the other litigant

this unlawfully—

the Holy One, blessed be He, takes from him

from the judge his

soul, as it is stated: “Do not rob the poor because he is poor, and do not crush the destitute at the gate [^

namely, at the time of judgment]

for the Lord will plead their cause, and He will despoil those who despoil them of life.”

And we expound “He will despoil” as an expression of taking, and “life” means that He will take their lives.

And

further

Rabbi Shmuel bar Naḥmani said that Rabbi Yonatan said: A judge should always see

his

himself as though a sword is placed between his thighs ,

and Gehinnom is open beneath him.