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1) WHEN DO WE SUGGEST COMPROMISE?

(a) Question: What is a final verdict?
(b) Answer (Rav Yehudah): 'Ploni, you are liable; Almoni, you are Zakay (you receive, or are exempt)'.
(c) (Rav): The Halachah follows R. Yehoshua ben Korchah (who said that it is a Mitzvah to compromise).
(d) Question: But Rav Huna was Rav's Talmid, and he would offer the parties Din (law) or compromise!
(e) Answer: That is what he meant, it is a Mitzvah to *offer* (Din or) compromise.
(f) Question: This is like the first Tana (who said that after (Tosfos - you know) the verdict, the judge may not suggest compromise - implying, before this, he may)!
(g) Answer: R. Yehoshua ben Korchah says that it is a Mitzvah to suggest compromise, the first Tana says this is optional.
(h) Question: The first Tana is like R. Shimon ben Menasiya (who said that until you sense what the verdict will be, you may suggest compromise)!
(i) Answer: The first Tana argues, he allows compromise even after you sense what the verdict will be, until (Tosfos - you know) the final verdict.

(a) The above Tana'im argue with R. Tanchum bar Chanila'i.

1. (R. Tanchum bar Chanila'i): "U'Votze'a Berech Ni'etz Hash-m" was said regarding the golden calf:

i. Question: "Va'Yar Aharon va'Yiven Mizbe'ach Lefanav" - what did he see?
ii. Answer (R. Elazar): He saw Chur (the son of Miryam and Kalev) Zavu'ach (slaughtered), and saw that if he protests, they will kill him also, fulfilling "Im Yehareg b'Mikdash Hash-m Kohen v'Navi", and then there will be no atonement for Benei Yisrael;
iii. He reasoned, it is better that I make the calf, perhaps Teshuvah will help.

(b) What do the Tana'im (that argue with R. Shimon ben Menasiya) learn from "Poter Mayim Reishis Madon"?
(c) Answer: They learn Rav Hamnuna's law.

1. (Rav Hamnuna): A person is first judged (in the world to come) about his Torah learning - "Poter Mayim Reishis Madon".

(d) (Rav Huna): A dispute is like water conduits - if it is not plugged up immediately, it overflows.
(e) (Abaye Kashisha): It is like planks on a bridge - with time, they become fixed (also, a dispute gets stronger).
(f) A man (Tuvya) used to say 'Because I hear people abuse me and keep quiet, I am exempted from misfortunes.'
(g) (Shmuel): "Poter Mayim Reishis *Madon*" - one who begins a dispute initiates 100 judgments (Me'ah Dinim).
(h) A certain man used to say 'It is common that a person is not punished (immediately) for two or three transgressions.'
(i) (Shmuel): "...Al Sheloshah Pishei Yisrael v'Al Arba'ah Lo Ashivenu" (but he will be punished for the fourth).
(j) A certain man used to say 'A peaceable person will be saved from seven pits, a Rasha will fall in the first'.
(k) (Shmuel): We learn this from "Ki Sheva Yipol Tzaidk va'Kam u'Rsha'im Yikashelu v'Ra'ah".
(l) A certain man used to say 'If Beis Din took a person's garment, he should rejoice (he was saved from sin)'.
(m) (Shmuel): We learn this from "(If you will appoint judges) Ha'Am ha'Zeh...Yavo v'Shalom".
(n) A certain man used to say 'When a weaver naps, her basket drops from her head (and people do not know her trade).'
(o) (Shmuel): We learn this from "Ba'Atazaltayim Yimach ha'Mekareh"
(p) A certain man used to say 'The one I relied on raised his hand (Aruch - his weapon) against me'.
(q) (Shmuel): We learn this from "Gam Ish Shlomi Asher Batachti Bo (tried to kill me)"
(r) A certain man used to say 'When I was close with my wife, we could both fit on the blade of a sword; now that our love has waned, a bed 60 Amos wide does not suffice.'
(s) (Rav Huna): We learn this from the Mishkan: "...V'Dibarti Itecha me'Al ha'Kapores";

1. (Beraisa): The Aron was nine Tefachim tall, the Kapores (cover) was one Tefach thick;
2. "Shlomo built (the Beis ha'Mikdash)...u'Sheloshim Amah Komaso"; after Yisrael sinned, the Shechinah did not dwell there - "...Ha'Shamayim Kis'i Ei Zeh Vayis Asher Tivnu Li".

(a) Question: How do we know that "Saguru" means gathering?
(b) Answer #1 (Rav Nachman): "V'Yayin Lo Sishteh v'Lo Se'egor".
(c) Answer #2 (Rav Acha bar Yakov): "Tachin ba'Kayitz Lachmah Agrah ba'Katzir Ma'achalah".
(d) Answer #3 (Rav Acha brei d'Rav Ika): "Oger ba'Kayitz Ben Maskil".
(e) (R. Shmuel bar Nachmani): A judge that gives the true verdict causes the Divine Presence to rest in Yisrael - "Elokim Nitzav ba'Adas Kel".

1. A judge that does not give the true verdict causes the Divine Presence to depart from Yisrael - "Mi'Shod Aniyim...Ata Akum Yomar Hash-m".

(f) (R. Shmuel bar Nachmani): If a judge that takes from one and gives to another improperly, Hash-m takes his soul - "Al Tigzal Dal...v'Kava Es Kove'eihem Nafesh".
(g) (R. Shmuel bar Nachmani): A judge should imagine that a sword is between his thighs and an opening to Gehinom is below him - "Mi'Giborei Yisrael...Melumedei Milchamah (Chachamim, skilled in Torah)...mi'Pachad ba'Leilos", from the fear of Gehinom which is like night.

(h) Question (R. Yoshiyah): "Beis David...Dino la'Boker Mishpat" - the whole day is fit for judgment, not just the morning!
(i) Answer: Do not give the verdict until it is as clear to you as morning.
(j) (R. Chiya bar Aba): We learn this from "Emor la'Chachmah Achosi At" - do not give the verdict until it is as clear to you as your sister (that she is forbidden to you).
(k) (R. Yehoshua ben Levi): If 10 judges judge together and err, all will be punished.
(l) Question: This is obvious!
(m) Answer: The Chidush is, even a Talmid (who sees that his Rebbi is erring and remains silent) will be punished.
(n) When Rav Huna would judge, he would gather 10 Chachamim with him, so he would not bear the punishment alone should he err.
(o) When Rav Ashi would rule about a Treifah, he would gather all the butchers of his city, so he would not bear the punishment alone should he err.

(a) (Rav Dimi): "Melech b'Mishpat Ya'amid Aretz v'Ish Terumos Yehersenah" - if a judge is financially independent(R. Chananel; Rashi - expert in the laws), like a king who does not need anyone else, he will establish order in the land;

1. If he is like a Kohen who goes to the granaries to get Terumah, he will destroy it.

(b) The Nasi's house appointed an unlearned judge.
(c) Yehudah bar Nachmani was asked to say loudly (for all to hear) what the judge would say; the judge said nothing, so Yehudah expounded:

1. "Hoy Omer la'Etz ha'Kitzah" - Hash-m will punish those who appointed him - "Va'Sh-m b'Heichal Kodesho Has Mipanav Kol ha'Aretz" (this transgression can destroy the world).

(d) (Reish Lakish): Appointing an unlearned judge is like planting an Asheirah - it says "Shofetim v'Shoterim Titen Lecha", followed by "Lo Sita Lecha Asheirah Kol Etz".
(e) (Rav Ashi): Appointing an unlearned judge when Chachamim are available is like planting an Asheirah next to the Altar - it says "...Asheirah...Etzel Mizbach Hash-m"
(f) Question: "Lo Sa'ason Iti Elohei Kesef v'Eilohei Zahav" - are wooden idols permitted?!
(g) Answer (Rav Ashi): 'Gold and silver' teach about Elohim (judges) that paid gold or silver to be appointed.
(h) When Rav would go to judge, he would say (about himself) 'Do I accept liability to die (if I err), without commanding about my estate, and I receive no gain from this?! May Hash-m help me to return guiltless, as I came!'

1. When he would see people following him, he would say (to refrain from thoughts of pride) "Im Ya'aleh la'Shamayim Si'o...K'Gelelo la'Netzach (his end is to rot like excrement)."

(i) When Mar Zutra Chasida taught laws of the festival before the festival, people would carry him on their shoulders (to take him quickly, in order that Talmidim should not have to stand for him until he walks to his place); he would say "Ki Lo l'Olam Chosen v'Im Nezer l'Dor Dor (wealth will not last forever)".
(j) Question (Bar Kapara): What is the source (for the Mishnah) 'Be deliberate in judgment'?
(k) Answer (Bar Kapara): It says "Lo Sa'aleh v'Ma'alos", followed by "V'Aleh ha'Mishpatim"
(l) Question (R. Elazar): What is the source that even judges should not (walk above where people are seated, appearing to) walk above the heads of Yisrael?
(m) Answer (R. Elazar): It says "Lo Sa'aleh v'Ma'alos", followed by "V'Aleh ha'Mishpatim".
(n) Question: That verse continues "Asher *Tasim*" - it should say 'Telamdem (you will teach)'!
(o) Answer (R. Yirmeyah): This comes to include judges' tools.

1. When Rav Huna went to judge, he would request a staff (for lashes mid'Rabanan), a leather strap (for lashes mid'Oraisa), a shofar (for Niduy (excommunication), and a shoe (for Chalitzah).

(p) (R. Yochanan): "Va'Atzaveh Es Shofteichem" - judges should be zealous in using the staff and strap to instill fear in the congregation (for the sake of Heaven).
(q) (R. Chanina): "Shamo'a Bein Acheichem u'Shfattem Tzedek" - Beis Din may not hear one party before the other party comes.

1. "Shamo'a" can be read 'Shma', warning a litigant not to present his case before the other party comes.
2. (Rav Kahana): We learn this from "Lo Tisa (Shema Shav - do not *receive* a false report)" - we read this "Lo Tasi (do not *give*)".

(r) (Reish Lakish): "U'Shfattem Tzedek" - reach the correct law, then enact it.
(s) (Rav Yehudah): (The verse continues) "Bein Ish u'Vein Achiv" - even between brothers dividing a house and its second story (award compensation to the one receiving the second story).

1. "U'Vein Gero" - award compensation even between different types of ovens (Rashi; Aruch - ensure that each oven is kept the proper distance from the floor and ceiling, so it will not damage).