Mesorat%20hashas for Sanhedrin 50:24

אבוה דר' זירא עבד גביותא תליסר שנין כי הוה אתי ריש נהרא למתא כי הוה חזי רבנן א"ל (ישעיהו כו, כ) לך עמי בא בחדריך כי הוה חזי אינשי דמתא אמר ריש נהרא אתא למתא והאידנא נכיס אבא לפום ברא וברא לפום אבא

But when they observedthat they deliberately seized thegoods,<span class="x" onmousemove="('comment',' Without the owners' agreement to the sale. ');">²⁶</span> they made this decree againstthem. A Tanna taught: They further added to the list,herdsmen,<span class="x" onmousemove="('comment',' Because they allowed cattle to graze on other people's lands. This law applies only to graziers of their own cattle, but not to hired herdsmen, for it is taken for granted that a man does not trespass unless material benefit accrues to him. Cf. B.M. 5b. ');">²⁷</span> tax collectors andpublicans.<span class="x" onmousemove="('comment',' Government lessees who collected customs duties, market tolls and similar special imposts, thus helping the Romans to exact the heavy taxes imposed upon the Jews. Hence these men were classed with robbers. ');">²⁸</span> 'Herdsmen': At first they thought that it was a question of merechance;<span class="x" onmousemove="('comment',' That their cattle grazed upon other people's land. ');">²⁹</span> but when it was observedthat they drove them there intentionally, they made the decree against them. 'Tax collectors and publicans:' At first they thought that they collectedno more than the legally imposed tax. But when it was seen that they overcharged,they were disqualified. Raba said: The 'herdsmen' whom they [the Rabbis] refer to, include the herdsmenof both large and small cattle, [i.e., both cowherds and shepherds]. But didRaba actually say so? Did he not say: Shepherds are disqualified only inPalestine, but elsewhere they are eligible; while cowherds are qualifiedeven in Palestine?<span class="x" onmousemove="('comment',' V. B.K. 79b and discussion in Gemara. ');">³⁰</span> — That appliesto breeders.<span class="x" onmousemove="('comment',' Who stable their cattle. Thus only shepherds are disqualified, since sheep cannot be kept tethered. ');">³¹</span> Logic too supportsthis. For we learnt: [If one says,] I HAVE CONFIDENCE IN THREE COWHERDS etc.[they are acceptable].<span class="x" onmousemove="('comment',' Supra 24a. From which it follows that they are usually disqualified. ');">³²</span> Surely [thatimplies that they are normally ineligible] for witnesses? — No: forjudges.<span class="x" onmousemove="('comment',' Who must be persons learned in the law. ');">³³</span> This is also evident fromthe expression: THREE COWHERDS; for if it means, qualified as witnesses,why three? What then: it refers to judges? Then why particularly cowherds;the same applies to any court of three men unversed inlaw?<span class="x" onmousemove="('comment',' Who are normally ineligible to act as judges. ');">³⁴</span> — He [the Tanna] means this:Even such as these, who are rarely to be found in populousareas.<span class="x" onmousemove="('comment',' And so have little experience of ordinary human affairs; yet they are eligible by mutual agreement. ');">³⁵</span> Rab Judah said: A herdsman ingeneral<span class="x" onmousemove="('comment',' I.e., of whom it is not known whether he trespasses or not. V. p. 148, n. 5. ');">³⁶</span> is ineligible, while a taxcollector in general iseligible.<span class="x" onmousemove="('comment',' Unless it is definitely known that he is making exorbitant demands in taxation. ');">³⁷</span> R. Zera's father acted as tax collector for thirteen years. When the ReshNahara<span class="x" onmousemove="('comment',' [H] lit., 'head of the river' — chief of the district bordered by a river or canal. ');">³⁸</span> used to come to a town, ifhe [R. Zera's father] saw the scholars [of the city] he would advise them,Come my people, enter thou into thychambers.<span class="x" onmousemove="('comment',' Isa. XXVI, 20; i.e., hide, so as to avoid giving the impression that the town was largely populated, lest it be heavily taxed. ');">³⁹</span> And when he saw the otherinhabitants of the town he would say to them: The Resh Nahara is coming tothe city, and now he will slaughter the father in the presence of the son,and the son in the presence of thefather;<span class="x" onmousemove="('comment',' I.e., will collect heavy taxes. ');">⁴⁰</span>

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