- תורה וגדולה במקום אחד was only found in Moshe, Rebbe, and Rav Ashi
Although the Mishnah on Daf 32a taught that generally, the greatest judge of a Beis Din voices his opinion first, Rav reported that he spoke first when he sat on Rebbe’s Beis Din. This was unique to Rebbe’s Beis Din, which always began from the least of the judges, because of Rebbe’s great humility. The Gemara says: מימות משה ועד רבי – from the days of Moshe until Rebbe, לא מצינו תורה וגדולה במקום אחד – we do not find preeminence of Torah and authority over Klal Yisroel in one [person]. Only Moshe and Rebbe were the greatest in Torah and also the leaders of their respective generations. After deflecting several challenges, the Gemara concedes that there were others who were the greatest in both areas at once (such as Shaul, after Shmuel’s passing), but we are referring to those who were greatest כולהו שניה – all of their years. Rav Adda bar Ahava said that similarly, from the days of Rebbe until Rav Ashi, we do not find תורה וגדולה in one person.
- לא תענה על "רב", and counting a Rebbe and talmid separately
The Mishnah on Daf 32a taught that דיני נפשות begin “from the side,” (the least of the judges). Rav Acha bar Pappa explains that we darshen "לא תענה על ריב" – do not respond to an argument, as: לא תענה על רב – do not respond to a master in disagreement. Therefore, we do not begin with the greatest judge, who might be inclined to convict, and the lesser judges will not disagree with him. Rebbe Yonasan quotes a passuk implying that Dovid offered his opinion last regarding executing Naval for being מורד במלכות. Rav said: שונה אדם לתלמידו ודן עמו בדיני נפשות – a person can teach his talmid and judge with him for capital cases. This is challenged from a Baraisa, which teaches that although regarding cases of tumah and taharah (which do not require a Beis Din), the opinions of a father and son, or Rebbe and talmid, are counted as two separate views when voting in a dispute, but for דיני ממונות, דיני נפשות, and other functions of Beis Din, אין מונין להן אלא אחד – we count them only as one view!? The Gemara answers that Rav’s ruling applied to talmidim like Rav Kahana and Rav Assi, דלגמריה דרב הוו צריכי – who still needed Rav’s teachings, ולסבריה דרב לא הוו צריכי – but did not need Rav’s reasoning and could make independent rulings.
- Anyone may judge דיני ממונות, but דיני נפשות require"מנוקין מכל מום" of yichus
The Mishnah on Daf 32a stated: הכל כשרין לדון דיני ממונות – All are eligible to judge monetary cases. The term "הכל" means to include a mamzer. Another Mishnah says there are those who are eligible for דיני ממונות and not דיני נפשות, and the Gemara explains that one Mishnah means to include a ger and explains the novelties of these two cases. The Mishnah continued: ואין הכל כשרין לדון דיני נפשות – not all are eligible to judge capital cases (only those whose yichus allows their daughters to marry Kohanim). Rav Yosef taught a Baraisa: כשם שבית דין מנוקין בצדק – just as Beis Din must be pure in righteousness, כך מנוקין מכל מום – they must also be pure from any blemish [in yichus]. After the first suggested sources are challenged, Rav Nachman bar Yitzchak concludes with a passuk from Yisro’s advice to Moshe to appoint judges: ונשאו אתך – they shall bear with you the burden. The word "אתך" teaches: בדומין לך ליהוי – they should be similar to you, without any imperfection of yichus.