1)

(a)The Torah writes in Parshas Re'ei (in connection with Dinei Nefashos) "ve'Darshta ve'Chakarta". The Mishnah learns from the Pasuk in Emor "Mishpat Echad Yih'yeh lachem" - that Dinei Mamonos too, require 'D'rishah va'Kakirah'.

(b)The definition of D'rishah va'Chakirah is the questions directly connected with the case, four of which need to be asked. Three of them are 'How much?', 'When?' and 'Under what circumstances?' The fourth is - 'Where?' (See also Tiferes Yisrael).

(c)The Chachamim instituted that one cuts the questioning by Dinei Mamonos - 'she'Lo Tin'ol Deles bi'Fenei Lovin' (so as not to encourage potential creditors to withdraw their support for the poor [See Tos. Yom-Tov]).

(d)They ignore this Takanah however - where they sense that a swindle is going on.

(e)Bedikos comprise another category of questions - which are not directly connected to the actual case, such as 'What color clothes was he wearing?' or 'Was he sitting or standing?'

2)

(a)The Mishnah now lists the ten distinctions between Dinei Mamonos and Dinei Nefashos (See Tos. Yom-Tov), the first of which is that Dinei Mamonos require three Dayanim, and Dinei Nefashos, twenty-three. The distinction the Tana draws with regard to ...

1. ... opening the proceedings is - that whereas the former one may begin either o the side of merit or to the side of guilt, the latter, to the side of merit, exclusively (See Tos. Yom-Tov).

2. ... the majority that decides the P'sak-Din - is that, whereas the former requires a majority of one both regarding P'tur and regarding Chiyuv, the latter requires a majority of two regarding Chiyuv (See Tos, Yom-Tov).

(b)The distinction the Tana draws that has to do with ...

1. ... once the litigants or the defendant leave Beis-Din - is that whereas regarding Dinei Mamonos one may recall the litigants to proclaim innocent and to declare guilty, one may only recall the defendant to declare him innocent (See Tos. Yom-Tov).

2. ... who is permitted to introduce a point of guilt during the proceedings is - that whereas regarding Dinei Mamonos, anybody (even a Talmid who is sitting before the Dayanim) may raise a point that is either in the litigant's favor or that points to his guilt, regarding Dinei Nefashos, only the former is permitted.

(c)A Dayan is allowed to change his opinion in the middle of Dinei Mamonos - even from innocent to guilty, but in the middle of Dinei Nefashos only from guilty to innocent, but not from innocent to guilty (See Tos. Yom-Tov).

3)

(a)One of the two remaining distinctions is that although all Dinim must begin in the day (See Tos. Yom-Tov), one may conclude Dinei Nefashos even by night (See Tos. Yom-Tov), but Dinei Nefashos only by day. The Tana learns from the Pasuk ...

1. ... in Yisro (in connection with litigation) "ve'Shaftu es ha'Am be'Chol Eis" - that one may conclude Dinei Mamonos even by night (See Tos. Yom-Tov).

2. ... in Ki Seitzei (in connection with inheritance) "Vehayah be'Yom Hanchilo es Banav" - that litigation must begin during the day.

(b)When the Tana says regarding Dinei Nefashos 've'Gomrin ba'Yom', he means - that the Din can only be executed by day.

(c)He learns it from the Pasuk in Pinchas (in connection with those who sinned by Ba'al Pe'or) - "ve'Hoka osam (and hang them) le'Neged ha'Shemesh".

4)

(a)The final distinction in this Mishnah is - that whereas one is permitted to conclude the former on the same day, whether it is to declare him Patur or Chayav, one may only conclude the latter if it is to declare the defendant Patur, but to declare him Chayav, only on the following day.

(b)Consequently, Beis-Din may not begin judging Dinei Nefashos - on Erev Shabbos or on Erev Yom-Tov ...

(c)... since that would mean issuing the P'sak-Din on Shabbos or Yom-Tov, even though it is not possible to carry out the death-sentence on the same day (See Tos. Yom-Tov).

(d)We learn from the Pasuk in Vayakheil "Lo Seva'aru Eish be'Chol Moshvoseichem be'Yom ha'Shabbos" - that one may not carry out the death-sentence by burning on Shabbos (Ibid).

5)

(a)Beis-Din cannot wait until after Shabbos or Yom-Tov and carry out the death-sentence then - since they would then be guilty of 'Inuy ha'Din' (mental torture by leaving a sentenced man on death row for more than a day).

(b)We learn the current ruling extends to all other Chayvei Misah - from burning.

6)

(a)The senior Dayan begins the deliberations by ...

1. ... Dinei Tum'ah and Taharah (See Tos. Yom-Tov), whereas by ...

2. ... Dinei Nefashos - it is the most junior Dayan.

(b)The Mishnah refer to him as 'min ha'Tzad' - because the Dayanim sat in order of seniority, with the junior Dayanim sitting at the side and the more senior one's in the middle.

(c)We learn from the fact that the Pasuk in Mishpatim writes "ve'Lo Sa'aneh al Riv without a 'Yud' - that one may not dispute the ruling of the chief Dayan (as if the Pasuk had written 've'Lo Sa'aneh al Rav' [See Tos. Yom-Tov]).

7)

(a)The final distinction between Dinei Mamonos and Dinei Nefashos concerns who is allowed to judge. The Tana anybody - even Geirim, to judge Dinei Mamonos ...

(b)... provided their mother is a bas Yisrael (See Tos. Yom-Tov) ...

(c)... and even a Mamzer (Ibid.).

8)

(a)When permitting Kohanim, Levi'im and Yisre'eilim to judge Dinei Nefashos, the Mishnah adds - 'provided that their daughters (Tos. Yom-Tov) are Kasher to marry Kohanim'.

(b)We learn this from the Pasuk in Yisro (in connection with the judges) "ve'Nas'u Itach". "Itach" refers to - Moshe Rabeinu.

(c)And we now Darshen from there - that just as Moshe was Meyuchas, so too, must a Dayan be Meyuchas.

9)

(a)When the Mishnah writes that the Sanhedrin (See Tos. Yom-Tov) sit 'ka'Chatzi Goren Agulah' (like half a round barn) - it means that they sit in a semi-circle ...

(b)... so that they should all see each other.

(c)They did not however, sit in a circle - in order to allow the litigants and the witnesses to enter and stand before them.

10)

(a)The Tana actually learns this from the Pasuk in Shir ha'Shirim "Shar'ech (your navel) Agan ha'Sahar". The Sanhedrin is compared to a navel - because it is situated in the center of the world (See Tos. Yom-Tov)where it shields over it.

(b)"ha'Sahar" means the moon - reiterating what we just explained, that they sit in a (moon-shaped) semi-circle.

(c)The two Sofrim stand - in front of the Sanhedrin, one on the right side, the other, on the left ...

(d)... one records the opinion and the reason of the Dayanim who claim that the defendant is innocent, the other, the opinion and the reason of the Dayanim who claim that he is guilty (See Tos. Yom-Tov).

11)

(a)According to Rebbi Yehudah, a third Sofer was required - to record the opinions and the reasons of both the Dayanim who rule Patur and those who rule Chayav.

(b)This was necessary - in order to have two witnesses for each opinion (See Tos. Yom-Tov).

(c)The Halachah is - like the Tana Kama.

12)

(a)We already discussed the three rows of Talmidim who sit in front of the Sanhedrin (See Tos. Yom-Tov) - twenty-three in each row.

(b)The significance of their order of seating - is that each one has his fixed seat (according to the order of seniority).

(c)The purpose they served - is to add to the Sanhedrin two at a time whenever there is a majority of one regarding Chiyuv.

(d)The maximum number of Dayanim that may sit on a Sanhedrin (even after adding two at a time) is - seventy-one.

(e)Despite the fact that no more that forty-eight Talmidim are required (to make up seventy-one), one does not place two rows of twenty-four - since it is not correct to plays rows consisting of more Talmidim that are larger than the number of Dayanim on the Beis-Din.

13)

(a)If one of the Dayanim dies - they give Semichah to a Talmid in the first row.

(b)They ...

1. ... fill in the missing seat - by moving along all the Talmidim one seat, and the first Talmid in the second row to the last place in the first row.

2. ... supplement the missing Talmid - by bringing in a potential Talmid from the Shuk, whom they placed at the now empty seat at the end of the third row (See Tos. Yom-Tov).

(c)They cannot simply place the newly-appointed Talmid in the place of the Talmid who is chosen to sit on Beis-Din - since even the most junior Talmid who is sitting before the Sanhedrin, is more learned that the most senior citizen from the Shuk.

14)

(a)Before the witnesses begin to testify - Beis-Din frighten them (See also Tos. Yom-Tov).

(b)The point of the warning is - that they should not testify falsely.

(c)They ask Eidei Nefashos (See Tos. Yom-Tov) whether their testimony is perhaps based on their own assessment, on a rumor, on what they heard from other witnesses (See Tos. Yom-Tov) or from a reliable source - all of which are not acceptable in court.

(d)They ask them whether they realize - that Beis-Din will cross-examine them with D'rishah va'Chakirah.

15)

(a)They explain to the witnesses that - whereas witnesses who testify falsely Dinei Mamonos can achieve atonement by paying money to whoever they caused a loss, by Dinei Nefashos, the blood of their victim and that of all his descendants will be on their hands ...

(b)... as is evident from the Pasuk in Bereishis (in connection with Kayin's murder of Hevel) "Kol D'mei Achicha Tzo'akim ... " - from the fact that the Torah writes "D'mei" (plural) and not "Dam Achicha".

(c)Alternatively, the Tana explains, the word "D'mei" in its context to mean - that Hevel's blood was spattered all over the trees and stones there.

16)

(a)The Mishnah explains the fact that Hash-m created only one man (See Tos. Yom-Tov), for ...

1. ... the bad - in that if someone destroys one Jewish Soul, it is as if he has destroyed an entire world.

2. ... the good - in that if someone saves one Jewish Soul, it is as if he has saved an entire world.

(b)The Tana gives other reasons too, to explain why Hash-m created only one man. When he says 'Mipnei Sh'lom ha'Beriyos', he means - that people will not be able to say to one another 'My Father is greater than yours!'.

(c)A third reason is to close the mouths of the Miynim (the infidels), who might otherwise have claimed there are (Chas ve'Shalom) many gods in Heaven, each of which created his man on earth.

(d)Moreover, we can learn Hash-m's greatness from the fact that He created only man - and although he is 'the coin from which all other coins are minted', there are not two of his offspring that look alike.

(e)And now that Hash-m did create only one man, everybody is obligated to declare - that the world was created just for him (and that the responsibility of upholding it lies on his shoulders [See Tos. Yom-Tov]).

17)

(a)In anticipation of the question that seeing as ...

1. ... testifying falsely is such a terrible sin, why should the witnesses go to the trouble of testifying in the first place - Beis-Din quote the Pasuk in Vayikra that obligates witnesses to go to Beis-Din and testify (and that subjects them to a punishment if they fail to do so).

2. ... the stakes are so high, perhaps it would be better to sin by not testifying, rather than to risk having an innocent man put to death - by quoting the Pasuk in Mishlei "ba'Avod Resha'im Rinah (When Resha'im are destroyed there is jubilation)".