daf bit: Sanhedrin 27

[cellio]

The mishna is discussing who is ineligible to be a judge or a witness, enumerating close relatives (brother, uncle, father-in-law, brother-in-law, son-in-law, etc) [*]. R. Yose adds: anyone who inherits. R. Yehudah says the restriction applies even if you are no longer so related, if you once were. Further, the rabbis say, a friend or an enemy is ineligible. What is meant by a friend? One's groomsman. Enemy? Anyone who, by reason of enmity, has not spoken to one for three days. (27b)

The text later says that an enemy can sometimes be a witness but in no case can be a judge. I don't see a discussion of how "enmity" is evaluated. (What if you say I'm snubbing you and I say I'm just inattentive?)

[*] I am using shorthand here; the text says things like "your sister's husband", which is how R. Yehudah's case can come up (your sister died; is her husband still ineligible?).

Comments

[zevabe.livejournal.com]

R Yossi is totally changing the qualifications, as you can inherit your father-in-law (theoretically) but he can't inherit you (assuming here that You is masculine). If your father-in-law's sons all predecease him without surviving progeny (or never exist in the first place), his daughters including your wife inherit. You inherit her. So you have inherited from your father-in-law.

To make it direct: A man has only one daughter (or all his other offspring die leaving no progeny or husbands) and she marries someone. The daughter dies before her father or husband. When the father dies, his daughter "inherits in the grave" and then you inherit from her.

It makes sense that an enemy could be a witness in a case where it is for your benefit, but not to your detriment. However, a judge is the judge before we know how he will rule. In theory, we could say he is a judge if & only if he rules in his enemy's favor, but that would be unfair to the other claimant.

[cellio]

Oh, thanks for that explanation! I totally missed what R. Yossi was doing.