Translation:Mishnah/Seder Nezikin/Tractate Sanhedrin/Chapter 3/5

Introduction

Sanhedrin deals primarily with the court and with court cases. The third chapter of Sanhedrin is focused on witnesses and court proceedings.

The fifth mishnah of this chapter deals with people that are invalid to serve as witnesses because of their interpersonal relationships with the litigants.

Hebrew Text

האוהב והשונא.

אוהב, זה שושבינו.

שונא, כל שלא דבר עמו שלשה ימים באיבה.

אמרו לו, לא נחשדו ישראל על כך.

English Translation

(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.

Explanation

This could be viewed as a continuation of the previous mishnah. It is an explanation of what disqualifies a person from serving as a witness or judge, based on their interpersonal relationship to the litigants, rather than by their profession or blood relation. Anyone who 'loves' or 'hates' one of the litigants can't serve, as they would undoubtedly be biased. Love is explained as such that a groomsman would have, and hatred is explained as that which would drive a wedge of silence between two people due to anger. However, the sages explain that no Jew is to be suspected of 'hating' a fellow Jew. This is an interestingly optimistic view compared to many of the views presented later in Tractate Sanhedrin.