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Translation:Mishnah/Seder Nezikin/Tractate Sanhedrin/Chapter 3

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Mishnah,
translated from Hebrew by Wikisource
472745Mishnah, — Seder Nezikin, Tractate Sanhedrin
Chapter 3
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Mishnah 1

Monetary suits (are ruled) with three (judges). One (litigant) chooses one and the other chooses one, and both of them choose the other one, these are the words of Rabbi Meir. But the sages say, the two judges choose the other one. One (litigant) invalidates the judge of the other, and the other invalidates the judge of the one, these are the words of Rabbi Meir. But the sages say, when? Only if evidence is brought that they [the judges chosen] are related (to the litigant) or otherwise forbidden. But if they are acceptable, or an expert from the court, they cannot be invalidated. One (litigant) invalidates the witness of the other, and the other invalidates the witness of the one, these are the words of Rabbi Meir. But the sages say, when? Only if evidence is brought that they are related (to the litigant) or otherwise forbidden, but if they are acceptable, they cannot be invalidated.


Mishnah 2

(If) one says to another: 'my father is trustworthy to me,' or 'your father is trustworthy to me,' or 'three herdsmen are trustworthy to me,' Rabbi Meir says he can take it back. But the sages say he cannot take it back. (If) one obligated the other with an oath and said to him, 'vow to me by the life of your head,' Rabbi Meir says he can take it back. But the sages say he cannot take it back.


Mishnah 3

These are invalid: dice-players, loan-sharks, pigeon-flyers, sellers of Sabbatical goods. Rabbi Shimon says, previously they were called gatherers of Sabbatical goods, but because of tax-collectors, they became known as sellers of Sabbatical goods. Rabbi Yehuda says, When? When they have no other trade, but when they have another trade, behold, this is acceptable.


Mishnah 4

And these are the relations: his brother, brother of his father, brother of his mother, husband of his sister, husband of the sister of his father, husband of the sister of his mother, his step-father, his father-in-law, and his brother-in-law [specifically the brother of his wife], these and their children, and the spouses of their children, and his step-son alone [not the step-son's children]. Rabbi Yose says, this is the ruling of Rabbi Akiva. But the original ruling (said): his uncle and the son of his uncle. And anyone who is seen to be his potential heir and anyone related to him at that time. Those that used to be related to him but are no longer - behold, they are acceptable. Rabbi Yehuda says, even if his daughter dies, and she had children - behold, he [the daughter's widowed husband] is a relation.


Mishnah 5

(These are also invalid:) He who loves and he who hates. He who loves, this is a groomsman. He who hates, this is anyone who didn't speak with him for three days because of anger. They (the sages) said: Don't suspect Israel of this.


Mishnah 6

How are the witnesses checked? They bring them in and warn them, and send each man outside, but keep the greatest among them. And they say to him: "Say how you know that the one owes the other." If he says, "he told me, 'I owe him,'" or "So-and-so told me that he owes him" - this means nothing. Only if he says "in front of us, he told him 'I owe you 200 zuz.'" And after this, they bring in the second (witness) and check him. If they find that their words are the same, they [the judges] discuss the matter. (If) two say innocent, and one says guilty, (the verdict is) innocent. Two say guilty and one says innocent, (the verdict is) guilty. One says innocent and one says guilty, or even if the two acquit or the two convict and one says he does not know, add judges.


Mishnah 7

When the word [verdict] is finished, they bring him [the defendant] in. The greatest of the judges says, "So-and-so, you are innocent" or "So-and-so, you are guilty." And when they leave, one form the judges cannot say, "I acquitted him but my fellows convicted him but what was I to do, as my fellows were the majority. On this it is said, (Proverbs 11:13) "He who gossips reveals secrets."


Mishnah 8

Each time that he brings evidence (anew), overturn the (previous) judgment. They say to him: "all evidence that you have, bring it here within thirty days." (If it is) found within thirty days, overturn (the previous judgment). After thirty days, do not overturn. Rabban Shimon Ben Gamliel said, "what could he have done that it is not found within thirty days but it is found after thirty?" (If) they say to him, "bring witnesses" and he says, "I have no witnesses," or they say to him, "bring evidence" and he says, "I have no evidence," and after a time he brings evidence or finds witnesses, behold this is nothing. Rabban Shimon ben Gamliel said, "what could he have done that he did not know there were witnesses and then found witnesses, or that he did not know there was evidence and then found evidence?" (If) they say to him, "bring witnesses" and he says "I have no witnesses" or "bring evidence" and he says "I have no evidence," and he sees that he will be convicted in the court, and he says, "Come, So-and-so and So-and-so, and serve as witnesses for me or bring evidence from your wallet," behold this is nothing.