This week’s learning is sponsored by Jordana Schoor in honor of their son Saadya’s marriage to Odel Perets. “Wishing them a home full of love, mazal, and Torah values.”
Even though it says in the Mishna that a court comprises three judges, there are exceptions. An expert can judge on his own. What determines that someone is an expert judge? Even though an expert does not need to get permission from the Nasi or Exilarch, if the Nasi or Exilarch gives him permission to judge, and he errs in a particular case, he is not obligated to compensate for the loss he caused. While it is clear that the Exilarch’s permission exempt a judge ruling in Israel, but can the Nasi’s (in Israel) appointment of the judge exempt the judge from liability in Babylonia? The answer is no, as learned from a story regarding Raba bar Hana who received permission from Rabbi Yehuda haNasi to rule, just as he was leaving Israel.
In what cases does a judge who makes a mistake, need to pay to compensate for the loss he caused?
Rabbi Yehuda haNasi also granted permission to Rav to rule as an expert, just before he went to Babylonia. However, he did not grant him the authority to permit firstborn animals to be eaten by identifying blemishes. Both Rav and Raba bar Hana were nephews of Rabbi Chiya, who was the one who asked Rabbi Yehuda haNasi to permit them both to judge. However, he called Raba the son of his brother and Rav the son of his sister, even though Rav was also the son of his brother. To explain this, the Gemara explains that Rabbi Chiya’s half-brother and half-sister married each other and were Rav’s parents. Another possible explanation is provided as well.
Why did Rabbi Yehuda haNasi not allow Rav to permit firstborn animals? The Gemara brings two possible suggestions. The first explanation is that it was to ensure people would respect Raba bar Hana when he and Rav arrived in Babylonia, as they would see that he had the authority to do something that Rav did not. The second suggestion is that Rav was such an expert that Rabbi Yehuda haNasi was concerned he would permit certain blemishes and people would conclude on their own that blemishes that seemed similar were also permanent blemishes and incorrectly permit firstborn animals.
Why did Rabbi Chiya ask Rabbi Yehuda haNasi not only to grant permission to Rav and Raba bar Hana to rule, but also to teach? An answer is brought from a story of a teacher who taught but was misunderstood and caused many people to make a mistake regarding laws of impurity. Therefore, one must also receive permission to teach only if they can teach clearly. Other stories relating to issues about teaching are brought, relating to not issuing a ruling in a city if one’s teacher is nearby.
Shmuel ruled that if two judges ruled in a case, their judgment would be effective, even though this is considered to be impudent. However, when mediation is done, only two judges are needed to mediate.
