meta: {"file": "/data/tomer/Sefaria-Export/txt_done/Talmud/Bavli/Commentary/Rashi/Seder Nezikin/Rashi on Sanhedrin/English/merged.txt"}
text: Rashi on Sanhedrin
  רש"י על סנהדרין
  merged
  
  This file contains merged sections from the following text versions:
  -Artscroll Talmud Bavli Sanhedrin 24b
  -artscroll
  -Sefaria Community Translation
  -
  
  Rashi on Sanhedrin
  
  
  
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  Rabbi Shimon extrapolates from the reason of scripture - In "The Reciever" (Bava Metzia 115a)
  
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  From the mouth of the interpreter: So that when foreign-speaking witnesses came to testify before them, they did not have to contend with the doubters among them that this was hearsay.
  
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  ...Mishna: And these are the ones ineligible -- to be judges or witnesses
  one who plays with dice -- All of these people listed are thieves who will become rashas and therefore cannot be witnesses or judges
  
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  when they have no trade but this -- people whose sole occupation is gambling are not involved in doing anything socially useful. As a result, they are unacquainted with basic business law and commerce, and have no aversion to illegal activity. However, one who engages also in some other form of occupation is not flawed in this way and remains eligible.
  
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  Gemara: Asmachta (literally "reliance") -- term used in the Talmud for an agreement based on speculation. In general, an asmachta involves one party (or both) consenting to surrender to the other a certain sum of money, depending on the performance or outcome of a particular event. In each case, the individual obligating himself enters into the agreement "relying" that the outcome will be favorable and that he will not have to pay. Since a transfer of ownership requires that the object's owner give it willingly, an asmachta agreement is non-binding, because the obligated party never sincerely meant to obligate himself.
  it is non-binding -- Rami bar Chama considers gambling an example of asmachta, because each player consents to the terms of the game only because he expects to win. Since the loser does not willingly surrender the wagered amount, the winner is considered to be stealing when he collects, and is thus ineligible as a witness or judge.
  
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  any agreement such as this is not considered an asmachta -- a true case of asmachta involves a situation in which the man obligating himself has reason to believe that he will not actually have to pay. For example, one who contracts to work his neighbor's field and stipulates that if he does not live up to his agreement he will pay a fine, never really expects to pay, because he feels confident that he can do as promised. Another example: Reuven, a debtor, pays 50 zuz of the 100 that he owes to his creditor, Shimon. To assure Shimon that he will repay the remaining 50 zuz in a timely fashion, Reuven gives the note of indebtedness to athird party, Levi, and states that if he, Reuven, does not pay the balance by such-and-such date, Levi should return the note to Shimon, thus enabling him to collect the entire 100 zuz. Reuven does not really expect to have to pay the additional penalty, because he believes that he will be able to meet his obligation on time. Since both these cases are asmachta agreements, if the contractor is unable to work the field or the debtor is prevented from paying on time, he is not subject to the agreed-upon penalty. A wager, though, does not constitute an asmachta, because each player realizes that as skilled as he may be at the game, the outcome is nonetheless governed by chance. Therefore, he is resigned to pay if he loses, and the winner is thus not guilty of stealing.
  
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  Neither one of them [became] a nazirite - Two men were sitting and a man passed by.  One said, “What’s-his-name who just passed is a nazirite!” and the other said “He’s not a nazirite! If he turns out to be a nazirite, I’m a nazirite!”  His fellow said, “If he turns out not to be a nazirite, I’m a nazirite!”  Both of them intended to take nazirite vows in the same way as one of them [intended to do so--which is to say, not at all]. Rabbi Tarfon said neither of them [became] a nazirite because his words were in jest and that is not a solemn vow; a person must make a solemn vow [to become a nazirite].  He [Rabbi Yehuda]  is explaining Rabbi Tarfon’s reasoning; that is to say, he’s laying it out even though [the opinion] is not his.  Even so, it is an asmachta [insincere and non-binding exchange] and they have not said enough for it to result in a legal acquisition.
  
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  Rav Ashi says - decomposition of the flesh is not needed, rather a little of the affliction of the beatings of the grave. The reason is because they don't mourn because mourning takes effect when the grave is sealed as is explained in perek 'alu megalchin' (moed katan 3). 
  
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  Why [must] the verse state “no one”? [This refers to the verse, "None of you shall come] near anyone of his own flesh [to uncover nakedness: I am the LORD" (Leviticus 18:6).]
  
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  With regard to what halakha?-[With regard to what halakha] is [this gentile] judged according to the halakhot of the Jews?
  That [this gentile] requires judgment by a Sanhedrin, and [that he is punished only if two] witnesses [testify concerning him,] and [only if he was issued] a forewarning [before his transgression.]-Similar to [the judicial process of] a Jew.
  
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  [Both] our judgment and their judgment are equal regarding this.
  
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  ...It looks like the cucumbers gathered in one place, but really they didn't move.
  
  
  To us it looks like all the cucumbers gathered in one place, and they didn't move.
  
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  R' Eliezer did the sorcery so R' Akiva could study their performance to prosecute sorcerers.
  
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  its head came out: With a women that is experiencing difficulty giving birth and is in [mortal] danger. And it is taught in the first section [of this teaching], "the midwife extends her hand and cuts it up and extracts [the pieces];" as the entire time that that it has not gone out into the air of the world, it is not [considered] a soul, and [so] it is possible to kill it and to save its mother. But when its head came out, we cannot touch it to kill it, as it is like a born [baby]; and we do not push off one soul for the sake of another. And if you will ask [from] the story of Sheva ben Bichri - [wherein it is written] (II Samuel 20:21), "behold, his head is sent to you" - they pushed off one life for the sake of another; there, it was because even if they had not delivered him, he would have been killed in the city when Yoav would have seized it, and they would have been killed with him. But if he would have [otherwise] been saved - even though they would have been killed - they would not have been allowed to deliver him [to Yoav] in order to save themselves. And also (another answer) is that it is because he was a rebel to the kingdom, and so is it explained in the Tosefta (of Terumah).
  
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  "To distance her" -- from under the wings of the divine presence, as they should have converted her: Rashi.
  
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  Crushed in the building - of the Egyptians, who put him into the building in the place of a brick as is explained in the aggadah. Moshe said to the Holy One 'You have done evil to this people! Now if they don't have bricks they place the children of Israel into the building!' The Holy One replied to him, 'They are wiping out the thorns, because it is revealed before Me that if these children lived they would be completely wicked. If you want, make a test and remove one.' Moshe went and removed Micah.
  
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