Thursday, 10 August 2017

Sanhedrin 25: Why Can't Gamblers and Others Judge? What About Repentance?

Why is a person who lends money with interest not permitted to be a judge?  The rabbis consider the act of lending versus the act of borrowing, which is also frowned upon.  Exodus (23:1) says that we should not let a wicked person bear witness.  How might these people be wicked?  We are told of a butcher who sold a treifa animal (one destined to die within 12 months) and then repented by growing his nails and hair.  What if he wasn't truthfully repentant?  The rabbis discuss whether or not there are any other options open to him to prove his repentance.  

Why are those who fly pigeons not permitted to be judges?  First we are told that this is because they are actually racing pigeons for money.  Then it is suggested that this is because they have trained pigeons to find and bring back other pigeons.  But is this actually stealing?  Pigeons choose where to roost.  They are not property that can be contained.  Even though people might make money from these transactions, like gamblers, the pigeons are making up their own minds about where to go.  Does it matter that people might knock on trees more effectively to speed up the pigeons?  

And where does this limitation based on gambling behaviour end?  People play with dice, pispasim, dice made of stone or other matter, nutshells, pomegranate shells... are they all disqualified?  The rabbis discuss how people might repent from theses actions.  It is not enough to say that they repent.  they must return all money earned from these actions to the poor or another charitable cause.  The rabbis wonder if those who play or gamble with other animals in similar ways should be disqualified from judging, as well.

Robbers are excluded from being judges based on Torah law.  Other behaviour that might have been seen leniently, like forcing transactions but possibly paying for those items later, were excused.  However, when the rabbis realized that these actions were ongoing, the transgressors were disqualified from being judges or witnesses. 

We end our daf with a discussion of the nature of shepherds and the practice of avoiding tax collection.  Like shepherds, sometimes tax collectors were thought to take advantage of their positions. They would take more than required, sometimes more from the poor than from the rich.  According to our past Mishna, a person could state that "these cattle herders are qualified to be witnesses for me".  And that two witnesses were enough; three were not required.  

Rav elude says that an ordinary shepherd is disqualified from being a witness unless one can testify that he does not let his animals graze in others' fields.  Tax collectors are permitted unless the court decides that he is has collected more than people are obliged to pay.

We are told the beginning of a story about Rabbi Zeira, whose father had collected taxes for 13 years.  When the head tax collector of the river region would come to the city, Rabbi Zeira's father would tell the rabbis to enter into their chambers and hide for a moment (Isaiah 26:20).  He would say that the head tax collector is coming to take far too much money from the residents, but when there were fewer rabbis visible, the taxes might be lowered.  

In tomorrow's daf, this story reveals a just ending.

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