מה בין דיני ממונות לדיני נפשות דיני ממונות בשלשה ודיני נפשות בעשרים ושלשה דיני ממונות פותחין בין לזכות בין לחובה ודיני נפשות פותחין לזכות ואין פותחין לחובה
WHAT IS THE DIFFERENCE BETWEEN CIVIL AND CAPITAL CASES? — CIVIL SUITS [ARE TRIED] BY THREE; CAPITAL CASES BY TWENTY-THREE<span class="x" onmousemove="('comment',' V. supra 2a; 23a.
');"><sup>3</sup></span> CIVIL SUITS MAY BE OPENED EITHER FOR ACQUITTAL OR CONDEMNATION; CAPITAL CHARGES MUST BE OPENED FOR ACQUITTAL, BUT NOT FOR CONDEMNATION.<span class="x" onmousemove="('comment',' The reference is to the judicial debate on the matter. In civil suits, the points in favour of condemnation may be put first; but in capital charges, the arguments for acquittal must be first marshalled, but v. Krauss, a.l. for another interpretation. But of course, it cannot refer to the actual opening of the case; the indictment and case for the prosecution must obviously be stated before there is a charge to answer.
');"><sup>4</sup></span>
Chovat HaTalmidim
As Rashi, may his memory be blessed, explains the word chinukh (education), in the verse (Deuteronomy 20:5), "who built a house but did not dedicate it (chankho) - "Chinukh is a term for beginning." But it is obvious that we would not say, chinukh, about any beginning. For example, when the Gemara (Pesachim 116a) says about the order of the Haggadah, "One begins with disgrace and ends with praise," we would not say, "One is mechanekh with disgrace, etc." And likewise regarding the Sanhedrin (Sanhedrin 32a) - that we begin from the side - we would not say that, we are mechankhin from the side. However in Parashat Lech Lecha (Rashi on Genesis 14:14), Rashi explains it further to us, as follows: Chanikhiv, etc. whom he had trained in the commandments. It is a term for introducing a person or a thing, for the first time, to some particular occupation in which it is intended that he should remain. It has a similar sense in (Proverbs 22:6), "Chanokh the lad," in (Numbers 7:84) "the dedication (chanukat) of the altar" and in (Psalms 30:1) "The dedication (chanukat) of the house."
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