תלמוד על סנהדרין 4:1

HALAKHAH: “Money matters are judged by three [judges],” etc. From where comes this? These shall be the laws of procedure to you,¹¹Num. 35:29. The chapter covers the rules of levitic cities, laws of property, and of the homicide, criminal law. I would say that both civil cases and criminal cases are subject to the rules of verification and examination¹²Mishnah 4:1. Examination refers to cross-examination relating to questions which answer to “who”, “when”, and “where”. Interrogation refers to answers to “how”. The distinction between the two is in regard to rules about discrepancies in testimony between different witnesses, Mishnah 5:1. The verse makes it clear that the rules also apply to lawsuits about subjects not covered by the detailed list in the Mishnah..

There are Tannaim who state that ḥalîṣah in the night is valid¹²Mishnah 12:2. The Tosephta (12:9) reports that R. Ismael presided over an emergency ḥalîṣah as sole judge, in the night.; there are Tannaim who state that ḥalîṣah in the presence of two men is invalid. Does he who says, ḥalîṣah in the night is valid, hold that ḥalîṣah in front of converts is valid, and he who says, ḥalîṣah in the night is invalid, hold that ḥalîṣah in front of converts is invalid? Even he who holds that ḥalîṣah in front of converts is valid will agree that in the night it is invalid since judgments in civil matters are valid from converts but invalid in the night¹³Mishnah Sanhedrin 4:6 states that civil proceedings have to start during daytime but may be concluded in the night. The Yerushalmi (Sanhedrin Halakhah 4:6) holds that this is only a desideratum but that civil suits may be adjudicated any time since it says (Ex. 18:26) “they have to judge for the people at all times.”.

⁴³The same text in Beṣah 5:2 (64 1. 59), Sanhedrin 4:6 (22b 1. 17). Rebbi Ḥizqiah, Rebbi Aḥa, said in the name of Rebbi Abbahu: It is forbidden to judge money matters on Friday. Does not a Mishnah object⁴⁴Sanhedrin, Mishnah 4:6: “In money matters, judgment can be rendered immediately. In criminal matters, the accused can be found innocent immediately, but he can be found guilty only the next day; therefore …” Since judgment may not be rendered on the Sabbath, the panel discussion cannot be held on Friday.: “Therefore, one does not judge criminal matters on Friday or any day before a holiday”? Therefore, one judges money matters⁴⁵The prohibition is explicitly restricted to criminal matters.! Also, Rebbi Ḥiyya stated thus: One judges money matters on Friday but not criminal matters. One is for practice, the other for Torah study⁴⁶In Sanhedrin: כָּאן לַהֲלָכָה כָּאן לְמַעֲשֶׂה “here for practice, there for action.” It is declared practice not to judge money matters on Friday but if a court held a session on Friday its decisions are valid. In the Babli (Baba Qama 113a): One does not schedule court sessions on the eve of a Sabbath or holiday..