Thursday 29 May 2014

Rosh Hashana 22

Witnesses can prove in court whether or not someone has witnessed the New Moon.  Today's daf examines those witnesses and the validity of their testimony.  

One of the major points discussed is whether a family member can testify alongside another family member.  In other circumstances, family members' shared testimony does not count.  A freed slave, however, is permitted to share his testimony with his former owner.  The juxtapositioning of these two scenarios is very interesting: is the Gemara suggesting that a freed slave might be somewhat like a family member?  Certainly we know that living together can feel like 'family', even if the relationships are fraught with power imbalances and indenture.  

Another interesting point concerns women.  The Gemara actually includes a discussion regarding whether or not women can act as witnesses to the New Moon in court.  It is determined that women can do whatever they are able to do in other circumstances as witnesses.  This opens up questioning of the first discussion points.

The Gemara takes note of who else cannot be counted as a witness.  Those who gamble in a number of different ways are specifically selected.  Why would the rabbis decide that someone who plays dice should not be a witness when they permit a murderer or someone who desecrates Shabbat to be fit as a witness?  One thought that goes through my mind is the need for money; perhaps when one loses a bet and owes money that he does not have, it would make sense to journey to Jerusalem as a witness and avoid collection agents.  Another thought is more about morality than practicality. Perhaps there was some sort of understanding of gamblers as degenerate people.  Or maybe there is another altogether different reason for the rabbis' reasoning.




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