Sanhedrin Daf 26 - Osfei/Sochrei Sheviis
Summary
- This text presents halachic rulings and narratives from Sanhedrin 26 concerning disqualification for testimony, the status of a shepherd versus a tax collector, categories of *shevi'it* offenders and their evolution under political coercion, and episodes involving Reish Lakish, Rabbi Yochanan, Hezekiah, and Shevna, culminating in derashot on Tehillim 11 and the nature of Torah as *toshiyah*. It establishes that a default shepherd is disqualified while a default tax collector is qualified, illustrates scrupulous tax conduct through Rabbi Zeira’s father, reevaluates *osfei shevi'it* and *socharei shevi'it* under duress with Rishonim’s justifications, and derives that קשר רשעים אינו מן המנין from Shevna’s revolt against Hezekiah. It then explicates punishments of Shevna, interprets “Ki ha-shatot yeharesun” and why Torah is called *toshiyah*, addresses worry’s effect on Torah unless one learns *lishmah*, rules like Rabbi Yehuda on gamblers contingent on alternative livelihood, details when public proclamation is needed to disqualify, adds further disqualifications and exceptions, delimits minor taking by sharecroppers, and evaluates intent in burial on Yom Tov.
- Rabbi Yehuda rules that a default shepherd is disqualified for testimony, while a default tax collector is qualified absent evidence of theft. Yad Ramah explains that a shepherd’s passive negligence readily causes damage while a tax collector must act to steal, and that public oversight constrains a tax collector whereas a shepherd works unobserved.
- Rabbi Zeira’s father served as a tax collector for thirteen years and, when the city governor arrived, told the *talmidei chachamim* “לך עמי בא בחדריך” to hide and warned others of heavy exactions. Ben Yehoyada explains his graphic warning about “slaughtering” fathers and sons as a metaphor for depriving familial livelihood, and Yad Ramah explains his different messaging to scholars (who would not inform) versus others (who might). Others say *talmidei chachamim* are exempt from taxes per Bava Batra and that for others he invoked *dina de-malkhuta dina*, while still alerting relatives about compensating for the scholars’ absence; on his deathbed he returned unneeded funds to their owner, evidencing complete honesty.
- Rav Yehuda explains Rabbi Shimon: initially, gatherers of *shevi'it* were valid while traders were invalid, and later when benefactors funded poor people to gather produce for them, both became invalid. Bnei Rechava object to the wording “משרבו האנסים” and explain that initially both were invalid, but when coercive enforcers multiplied and forced fieldwork, gatherers became valid while traders remained invalid.
- Rashi and Tosafot say *shevi'it* then was rabbinic and Chazal suspended their decree for the royal edict, Yad Ramah invokes non-legislation in cases of major loss, and Tosafot add that even if biblical it is permitted due to *safek pikuach nefesh* from imprisonment and possible death.
- Reish Lakish accompanied Rabbi Chiya bar Zarnuki and Rabbi Shimon ben Yehotzadak to intercalate the year, saw a man plowing and another pruning, and urged rebuke while they proposed plausible heterim (employment by a gentile; cutting branches for a *beit ha-bad*). He called the men “*kohanim*,” and the text derives that *kohanim* are suspected in *shevi'it* from a case of one se’ah of *terumah* falling into fewer than one hundred se’ah of *shevi'it* produce leading to “yirkavu,” with Rabbi Chiya in the name of Ulla inferring נחשדו כהנים אשביעית.
- Rabbi Chiya and Rabbi Shimon avoided Reish Lakish, who asked Rabbi Yochanan whether people suspected in *shevi'it* may serve in *ibur ha-shanah*, first analogizing to three cattle herdsmen whose observations were used, then rejecting it because קשר רשעים אינו מן המנין. Rabbi Yochanan rebuked his escalation to calling them “reshaim” and downplayed the insult “cattle herdsmen,” while the principle about a wicked coalition’s non-counting is established subsequently.
- Shevna lectured to 130,000 while Hezekiah to 110,000; when Sennacherib besieged Jerusalem, Shevna shot a letter stating “Shevna and his faction submit; Hezekiah and his faction do not,” alluded to by “כי הנה הרשעים ידרכון קשת.” Hezekiah feared that the divine judgment might follow the majority, and Isaiah told him “לא תאמרון קשר לכל אשר יאמר העם הזה קשר,” teaching that קשר רשעים אינו מן המנין.
- Shevna carved a tomb among the Davidic kings and was told, “מה לך פה ומי לך פה,” and condemned to “הנה ה' מטלטלך טלטלה גבר,” with Rav explaining that a man’s tossing is harsher and Radak noting less compassion for a man in exile. From “ואותך עטה” and “ועל שפם יעטה” Rabbi Yose bar Chanina infers that he became a *tzaraat* sufferer, and “צנוף יצנפך צנפה” is expounded as encirclement and disgrace measure-for-measure. Gabriel shut the gate so his followers remained inside; the Assyrians, seeing him alone, pierced his heels and dragged him by horses over thorns, and Ein Eliyahu notes his desire to be a mounted head turned into becoming a tail; Rabbi Elazar calls Shevna a “ba’al hana’ah” from “הסוכן” compared with “סוכנת” by Avishag.
- Rav Yehuda and Rav Eina read “כי השתות יהרסון” as either Hezekiah and his faction or the Beit HaMikdash, while Ulla reads it as the thwarting of Shevna’s schemes; “shatot” fits thoughts, the Temple’s “Even ha-Shetiyah,” and tzaddikim who are called foundations from “כי לה' מצקי ארץ וישת עליהם תבל.” Rav Chananel explains Torah is called *toshiyah* because it weakens a person’s physical strength, was given in secret to avoid the Satan’s accusation, and though consisting of words, it undergirds the world.
- Ulla states that anxious thought harms even words of Torah, citing Iyov “מפר מחשבות ערומים ולא תעשינה ידיהם תושיה,” as divine provision removes distracting thoughts. Rava limits this by asserting that one who engages in *Torah lishmah* is not harmed by such thoughts, “רבות מחשבות בלב איש ועצת ה' היא תקום.”
- Rabbi Elazar rules like Rabbi Yehuda that gamblers and pigeon racers are disqualified only if they lack another occupation. Rabbi Elazar also states that all disqualifications require a public proclamation by the court; regarding a shepherd, Rav Acha and Ravina dispute whether proclamation is needed, and “a default shepherd is disqualified” either means no proclamation is needed or that the court proclaims upon learning his role. A gift deed signed by two thieves was voided by Rava without proclamation because a biblical thief needs no proclamation for disqualification.
- Rav Nachman disqualifies “*ochlei davar acher*” understood here as those who publicly accept charity from gentiles, limiting disqualification to public acceptance when private support was possible, and allowing it when survival requires public acceptance. Rav Nachman validates one suspected of illicit relations for general testimony but disqualifies him for *edut isha* to free a woman, and Rav Eina or Rav Pappa allow his testimony to bind her (that she is married), rejecting the notion that he prefers the forbidden based on “*mayim genuvim yimtaku*.”
- Rav Nachman says someone who “steals” during Nisan or Tishrei is not deemed a thief when he is an *arisa*, takes only a small amount, and from produce with completed processing, since he presumed permissibility. Rav Zevid disqualified his laborers who took a measure of barley or a date cluster because they were salaried and had no license to take anything.
- Burial workers who buried a corpse on the first day of Shavuot were placed in *cherem* and disqualified by Rav Pappa, while Rav Huna son of Rabbi Yehoshua validated them because they believed they were performing a mitzvah. They interpreted the *cherem* as the sages providing atonement, preserving their status for testimony.
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