(Permission is granted to print and redistribute this material
as long as
this header and the footer at the end are included.)
THOUGHTS ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rav Mordecai Kornfeld
Ask A Question about the Daf
- WOMEN JUDGES
The Mishnah rules that whoever is valid to be a judge is valid to
be a witness. We are told that Devorah was one of the Shoftim, or judges of
Israel (Shoftim 4:4). Based on our Mishnah's rule that "whoever cannot
testify as a witness cannot judge," she should have been disqualified for
judging since a woman cannot testify as a witness (Shevuos 30)! (TOSFOS DH
TOSFOS offers three answers:
- Our Mishnah is referring specifically to men. All *men* who are valid
judges are valid witnesses.
- Women are normally not valid to be judges at all. Devorah was allowed
to judge by express prophetic authorization.
- Devorah did not judge at all. She served in an advisory capacity,
advising male judges how to rule.
- BLIND JUDGES
The Mishnah rules that not everyone who is a valid witness is a valid
judge. The Gemara explains that this means to invalidate as a judge a
person who is blind in one eye. The Gemara concludes that the Beraisa
argues with our Mishnah, and the Halachah is in accordance with the ruling
of the Beraisa.
The NIMUKEI YOSEF rules that a person blind in both eyes is invalid to be a
judge, and that is the ruling of the Shulchan Aruch (Choshen Mishpat 7:2)
as well. Since we reject the ruling of our Mishnah, why should a blind
person not be a valid judge?
- RASHI (ad loc.) equates the Halachah of a blind person to the Halachah
of judging at night, according to the Beraisa. We rule that it is only
permissible to *conclude* a court case at night, but not to start one. If
so, a blind person may not preside on the *beginning* of a court case. If
he could see at the beginning of the case and became blind before it was
concluded, he would be valid to *conclude* the case.
The Nesivos ha'Mishpat points out that following this approach it must be
concluded that if an unauthorized blind judge presides on a court case his
decision is valid, just as a court case judged at night is upheld post
- The Vilna Gaon argues. He explains that even though we reject the
*latter* part of the Mishnah, we nevertheless retain the former part of the
Mishnah which rules that to be a judge, a person must be a valid witness. A
blind person is an invalid witness, since the verse says, "O Ra'ah" ("if
the witness saw").
Similarly, according to the Vilna Gaon if a blind person served as a judge,
his decision would be rendered invalid even *after* the fact.
This article is provided as part of Shema Yisrael Torah Network
Permission is granted to redistribute electronically or on paper,
provided that this notice is included intact.
For information on subscriptions, archives, and other Shema Yisrael
Classes, send mail to firstname.lastname@example.org
Shema Yisrael Torah Network
In the U.S.:
Tel. (908) 370-3344
Fax. (908) 367-6608
Toll free line for dedications: 1-800-574-2646