Commentary for Sanhedrin 57:37

אמר אביי לא שנו אלא דאמר משטה אני בך אבל אמר

It has been stated, likewise:R. Hiyya b. Abba said in R. Johanan's name. [If A says to B,] 'You owe mea maneh',<span class="x" onmousemove="('comment',' A hundred zuz. ');">³³</span> and B admits it; and ifhe demands it from him the following day, and B answers, 'I was only jestingwith you,'<span class="x" onmousemove="('comment',' Because I knew you asked a thing which never happened. ');">³⁴</span> he is not liable.<span class="x" onmousemove="('comment',' Alfasi and Asheri omit the bracketed passage, and substitute: And he must instruct (them), 'Ye are my witnesses.' ');">³⁵</span> Soalso it has been taught: [If A says to B,] 'You owe me a maneh'; and B answers,'Yes, it is so;' but on the following day, when the former demands it, thelatter replies. 'I was but jesting with you,' he is not liable. Moreover,if he hid witnesses behind a fence and said to him: 'You owe me a maneh',and B answered, 'Yes;' and A added, 'Are you willing to make this admissionin the presence of so and so?' And he replied: 'I am afraid to do so, lestyou compel me to go to court;' and if on the following day, on his [A's]demanding it from him, B retorts; 'I was only jesting with you', he is notliable. But we do not plead [thus] on behalf of aMesith.<span class="x" onmousemove="('comment',' [H], an inciter to idolatry; v. Glos. ');">³⁶</span> Mesith? Who mentionedhim?<span class="x" onmousemove="('comment',' I.e., it has no bearing on the discussion. ');">³⁷</span> — The text is defective, andshould read thus: If he himself did not plead[this],<span class="x" onmousemove="('comment',' That he was only jesting with him. ');">³⁸</span> we do not plead it for him.But in capital charges, even if he himself does notplead,<span class="x" onmousemove="('comment',' Circumstances that would help to prove his innocence. ');">³⁹</span> we plead on his behalf. Yetno such plea is made on behalf of a Mesith. Wherein does a Mesith differ?— R. Hama b. Hanina said: I heard it said in alecture<span class="x" onmousemove="('comment',' [H], the lecture held on the Sabbath before Festivals, Rashi, B.B. 22a. V. Zunz, GV 349, n.g.] ');">⁴⁰</span> by R. Hiyya b. Abba: A Mesithis different, because the Divine Law states, Neither shall thine eyes pityhim; neither shalt thou concealhim.<span class="x" onmousemove="('comment',' Deut. XIII, 9; this refers to a Mesith. ');">⁴¹</span> R. Samuel b. Nahman said in R. Jonathan's name: Whence do we know that wedo not plead on behalf of a Mesith? — From the [story of] the ancientserpent.<span class="x" onmousemove="('comment',' In the Garden of Eden. Cf. Gen. III. ');">⁴²</span> For R. Simlai said: Theserpent had many pleas to put forward but did not do so. Then why did notthe Holy One, blessed be He, plead on its behalf? — Because it offered noneitself. What could it have said [to justify itself?] — 'When the words ofthe teacher and those of the pupil [are contradictory], whose words shouldbe hearkened to; surely the teacher's!'<span class="x" onmousemove="('comment',' So Eve, evens though seduced by me, should have obeyed the command of God. ');">⁴³</span> Hezekiah said: Whence do we know that he who adds [to the word of God] subtracts[from it]? — From the verse, God hath said, Ye shall not eat of it neithershall ye touch it.<span class="x" onmousemove="('comment',' Gen. III, 3. Eve added to God's words by telling the serpent that she was not even permitted to touch the tree. The serpent then pushed her into contact with the tree and told her: See, just as death did not ensue from the touch, so it will not follow from eating of it. V. Rashi a.l. ');">⁴⁴</span> R. Mesharshia said: [We derive it] from the following verse: Ammathayim [twocubits] and a half shall be hislength.<span class="x" onmousemove="('comment',' Ex. XXV, 17. If [H] be decapitated it will read [H] ([H]) two hundred. Thus by adding the [H] the number will be reduced to two. ');">⁴⁵</span> R. Ashi said: From this:'Ashte-'esreh [eleven]curtains.<span class="x" onmousemove="('comment',' Ex. XXVI, 7. By taking away the [H] from [H] [11], it reads [H] [12]. ');">⁴⁶</span> Abaye said: The above ruling<span class="x" onmousemove="('comment',' That where witnesses were not present by special appointment he might plead that he was joking. ');">⁴⁷</span> holdsgood only if he says: 'I was only joking with you'; but if he pleads:

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