Study Sanhedrin folio 36B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
כי קאמר רב, כגון רב כהנא ורב אסי, דלגמריה דרב הוו צריכי, ולסבריה דרב לא הוו צריכי.
The Talmud answers: When Rav says his statement, he is referring to not every student, but only those such as Rav Kahana and Rav Asi, who needed to learn the halakhic traditions of Rav, but they did not need to learn the reasoning of Rav, as they were capable of conducting their own analysis.
אמר רבי אבהו: עשרה דברים יש בין דיני ממונות לדיני נפשות, וכולן אין נוהגין בשור הנסקל, חוץ מעשרים ושלשה.
R' Abbahu says: There are 10 ways in which cases of monetary law are different from cases of capital law, as was taught in the beginning of the chapter, and none of them is practiced with regard to a court hearing concerning an ox that is to be stoned, as it is treated as a case of monetary law, except for the requirement that the animal be judged by 23 judges, like in cases of capital law.
מנא הני מילי? אמר רב אחא בר פפא: דאמר קרא ״לא תטה משפט אבינך בריבו״. משפט אביונך אי אתה מטה, אבל אתה מטה משפט של שור הנסקל.
The Talmud asks: From where are these matters derived? Rav Aḥa bar Pappa says: As the verse states: “You should not incline the judgment of your poor in his cause” (Exodus 23:6). He explains: You may not incline the judgment of, i.e., exert effort to find liable, your poor, but you may incline the judgment of an ox that is to be stoned. The reason for the procedural differences between cases of monetary law and cases of capital law is to render it more likely that one accused of a capital transgression will be acquitted. This is not a factor when judging the ox.
עשרה? הא תשעה הוו! הא עשרה קתני! משום דאין הכל כשרין, ועשרים ושלשה – חדא היא.
The Talmud asks: Are there really 10 ways in which cases of monetary law are different from cases of capital law? There are only 9 differences recorded in the Mishnah. The Talmud questions this: But the Mishnah teaches 10 differences, not 9. The Talmud clarifies: Although there appear to be 10, there are in fact 9, because the halakha that not all are fit to judge cases of capital law and the halakha that 23 judges are required for cases of capital law are one. The reason not all are fit to judge cases of capital law is that the court of 23 is derived from the command to Moses: “And they should bear the burden of the people with you” (Numbers 11:17), which indicates that only those “with you,” i.e., similar in lineage to Moses, can serve on that court (see 17a).