Talmud Bavli
Talmud Bavli

Quotation for Sanhedrin 62:21

<br><br><big><strong>הדרן עלך זה בורר</strong></big><br><br>

he [the defendant] must attend the court in his<span class="x" onmousemove="('comment',' The plaintiff's. ');"><sup>18</sup></span> home town. And if it is necessary to consult [the Assembly], the matter is written down and forwarded to them. And if the litigant<span class="x" onmousemove="('comment',' Who declined to appear before the local court, v. Tosaf. ');"><sup>19</sup></span> says 'Write down the grounds on which you made your decision and give them to me,<span class="x" onmousemove="('comment',' So that he might ascertain the legality of their decision. ');"><sup>20</sup></span> they must write them down and give him the document. The Yebamah<span class="x" onmousemove="('comment',' [H] fem. of [H] v. Glos. ');"><sup>21</sup></span> is bound to follow the Yabam [to his own town] that he may release her.<span class="x" onmousemove="('comment',' From the obligations of levirate marriage. ');"><sup>22</sup></span> How far? — R. Ammi answered: Even from Tiberias to Sepphoris.<span class="x" onmousemove="('comment',' Although the court in the former city was more eminent (Rashi). Actually, these two towns were near to each other. ');"><sup>23</sup></span> R. Kahana said: What verse proves it? — Then the elders of his city shall call him;<span class="x" onmousemove="('comment',' Deut. XXV, 8. ');"><sup>24</sup></span> but not the elders of her city. Amemar said: The law is that he is compelled to go to the place of the Assembly.<span class="x" onmousemove="('comment',' Referring to a dispute between litigants regarding the place of trial. ');"><sup>25</sup></span> R. Ashi said to him: Did not R. Eleazar say, He is compelled to attend court in his [opponent's] town? — That is only where the debtor demands it<span class="x" onmousemove="('comment',' To go to the Assembly. ');"><sup>26</sup></span> of the creditor; but if the creditor [demands, it, the debtor must submit, for] The borrower is servant to the lender.<span class="x" onmousemove="('comment',' Prov. XXII, 7. ');"><sup>27</sup></span> A message was once sent<span class="x" onmousemove="('comment',' By the judicial court in Palestine. ');"><sup>28</sup></span> to Mar 'Ukba:<span class="x" onmousemove="('comment',' He held the office of Ab-Beth-din in Kafri near by Nehardea, and was a contemporary of Samuel Yarhinai. v. Sabb. 55a; Rashi, Kidd. 44b. ');"><sup>29</sup></span> 'To him whose lustre is like that of the son of Bithia,<span class="x" onmousemove="('comment',' Moses (Rashi). V. p. 102. [Or, 'like the Son of the House', an honorific title among the Persian nobility, Funk, op. cit., I, 33, n. 1.] ');"><sup>30</sup></span> Peace be with thee. 'Ukban the Babylonian has complained to us, saying: "My brother Jeremiah has obstructed my way."31 Speak therefore to him, and see that he meets us in Tiberias.' But is this not self-contradictory? First you say, 'Speak to him,'i.e., judge him;<span class="x" onmousemove="('comment',' Hence, in Babylonia. ');"><sup>32</sup></span> and then you add, 'See that he meets us in Tiberias,' shewing [that they told him], Send him hither! — What they meant was: Speak to him and judge him;<span class="x" onmousemove="('comment',' I.e., Judge you the case first. ');"><sup>33</sup></span> if he accepts your decision, well and good; if not, see to it that he appears before us in Tiberias.<span class="x" onmousemove="('comment',' Hence we see that even where the plaintiff desired the defendant to appear in another court, yet at the outset preference was given to the local court. ');"><sup>34</sup></span> R. Ashi says: This was a case of Kenas, and in Babylonia they could not try cases of Kenas.<span class="x" onmousemove="('comment',' V. B.K. 84a. ');"><sup>35</sup></span> But as for their sending him a message in such terms,<span class="x" onmousemove="('comment',' Implying that they asked him to judge the case himself. ');"><sup>36</sup></span> that was only to shew respect to Mar 'Ukba.

Jerusalem Talmud Sanhedrin

HALAKHAH: “Each of them disqualifies the other’s judge,” etc. So is the Mishnah: Each of them disqualifies the other’s judge, but not his own. Rebbi Simeon ben Laqish said, they spoke about Syrian courts8Greek ἀρχεῖον, cf. Giṭṭin 1:5, Note 107., but not about following Torah law9Ad hoc courts formed by ignorant people.. Rebbi Joḥanan said, even following Torah law10In a court of arbitration it makes no difference whether a judge be learned in the law or not.. How was this said? Two people had a case in Antioch. One said to the other, I am accepting everything which Rebbi Joḥanan will decide11Implying that he wants the case to be tried before the permanent court of the Academy in Tiberias.. Rebbi Joḥanan heard it and said, he is not empowered to tear apart his opponent12By forcing him to spend money and time in travelling from Antioch to Tiberias., but they shall hear their arguments there and if need be they should write and send the case before the rabbis13If one party wants to try a case out of town, the other party can appeal to the local permanent court to try the case in town, subject to submitting arguments in dispute to an out-of-town court of appeals; Babli 31b.. Rebbi Eleazar said, if one says in Tiberias, but the other said in Sepphoris, one listens to the one who says in Tiberias14Between the court of the Academy in Tiberias and the local court in Sepphoris, precedence must be given to the court of the Academy..
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