3. And these are illegal (as judges or witnesses), one who played at cards, or lent on usury, or bet on the flight of doves, or trades in the Sabbatical year. R. Simon said, “at first they were called gatherers on the Sabbatical year; when they were forced by Gentiles to cultivate the ground, they changed to [pg 166] call them traders on the Sabbatical year.” R. Judah said, “it is only when they have no other occupation but this one alone: but if they have another occupation, they are allowed.”
4. And these are related, his father and his brother, and the brethren of his father, and the brethren of his mother, and the husband of his sister, and the husband of his father's sister, and the husband of his mother's sister. And the husband of his mother and his father-in-law, and his brother-in-law, they, their children, and their sons-in-law, and his step-son alone. R. José said, “this was the teaching of R. Akiba; but the first teaching was, his uncle and the son of his uncle, and all suitable for inheritance, and everyone related to him at the present time.” “One was related and became estranged?” “He is lawful.” R. Judah said, “even if his daughter died, and he has children left by her, they are related.”
5. “Who is a friend? and who is an enemy?” “A friend is the bridegroom's best man, an enemy is everyone who has not spoken with him three days in malice.” The Sages replied to him, “Israelites are not so suspicious.”
6. “How are witnesses examined?” “They are brought in and intimidated; and all other men are driven out.” And the chief of the witnesses is left, and they say to him, “tell us how do you know that this man is indebted to that man?” If the witness said, “he told me that I am indebted to him”—“such a man told me that he is indebted to him”—he has said nothing, till he shall say, “he acknowledged in our presence that he owed him 200 zuz.” And afterward the second witness is brought in, and examined. If their statements were found agreeing, the judges held a conversation. Two of them said “he is clear,” and one said “he is indebted”? “He is cleared.” “Two said, he is indebted, and one said, he is clear?” “He is indebted.” “One said he is clear, and one said he is indebted? And even if two pronounced him clear or indebted, and one said, ‘I don't know’?” “The judges must be increased.”
7. The matter is finished. They bring in the plaintiff and defendant. The chief judge says, “thou, such a one, art clear; thou such a one, art indebted.” “And whence know we that one of the judges on going out should not say, ‘I was [pg 167] for clearing him, but my colleagues pronounced him indebted, but what shall I do when my colleagues are too many for me’?” “Of this man it is said, ‘Thou shalt not go up and down as a tale-bearer among thy people’;[387] and it is said, ‘A tale-bearer revealeth secrets.’ ”[388]
8. At any time the one condemned may bring evidence and annul the judgment. The judges said to him, “bring all your evidence within thirty days from this date.” If he brought them within thirty days, it is annulled, if after thirty days, it is not annulled. Rabban Simon, the son of Gamaliel, said, “what shall he do if he did not find them within thirty days, but found them after thirty days?” “The judges said to him, ‘bring witnesses’; and he said, ‘I have no witnesses’; they said, ‘bring evidence’; and he said, ‘I have no evidence’; but afterward he found evidence, and found witnesses?” “They are nothing.” Rabban Simon, the son of Gamaliel, said, “what shall he do if he did not know that he had witnesses, and found witnesses; he did not know that he had evidence, and found evidence?” “They said to him, ‘bring witnesses’; he said, ‘I have no witnesses.’ ‘Bring evidence,’ and he said, ‘I have no evidence.’ ” “He saw that he will be pronounced indebted in judgment, and he said, ‘approach such a one, and such a one, and bear witness for me,’ or ‘he pulled out evidence from his pocket’?” “It is nothing.”
Chapter IV
1. Judgments in money and judgments in souls must be equally inquired into and investigated; as is said, “Ye shall have one manner of law.”[389] “What is the difference between judgments in money and judgments in souls?” “Judgments in money (require) three judges, judgments in souls twenty-three. Judgments in money open the case either for clearing or proving indebted, but judgments of souls open the case for clearing, and the case is not opened for condemning. Judgments in money are balanced by one judge either for clearing or proving indebted; but judgments in souls are balanced by one for clearing and by two for condemning. Judgments in money may be reversed either for clearing or proving indebted; [pg 168] but judgments in souls may be reversed for clearing, but must not be reversed for condemnation. All may express an opinion on judgments in money for clearing or proving indebted. All may express an opinion on judgments in souls for clearing, but all must not express an opinion for condemnation. He who has expressed an opinion on judgments in money for proving indebted, may express an opinion for clearing, and he who has expressed an opinion for clearing, may express an opinion for proving indebted. He who has expressed an opinion on judgments in souls for condemnation may express an opinion for clearing, but he who has expressed an opinion for clearing must not reverse it to express an opinion for condemnation. Judgments in money are conducted by day and settled by night. Judgments in souls are conducted by day and settled by day. Judgments in money are settled on the same day, either for clearing or proving indebted. Judgments in souls are finished on the same day for clearing, and on the day after it for condemnation—wherefore there can be no judgments on Friday or on the eve of a festival.”[390]
2. Judgments in legal uncleanness and legal cleansings begin with the Supreme (judge). Judgments in souls begin with a judge at his side. All are eligible to pronounce judgments in money matters, but all are not eligible to pronounce judgments in souls—only priests, Levites, and Israelites who can intermarry into the priesthood.