Sanhedrin - Daf 25
- Two interpretations of מפריחי יונים: pigeon racing, or stealing other people’s pigeons
The Gemara gives two interpretations of the Mishnah’s category of מפריחי יונים – pigeon-fliers, who are disqualified from judging or testifying. In Bavel they explained it as those who race pigeons, saying: אי תקדמיה יונך ליון – “If your pigeon arrives before mine, I will give you money,” which is gambling. Rebbe Chama bar Oshaya said it is "ארא", a bird trained to bring other people’s doves to his own dovecote, which is theft. The first opinion holds one who steals pigeons is not disqualified, מפני דרכי שלום בעלמא – because the original ownership of doves which come into cotes on their own is only for the purpose of peace (i.e., to avoid quarrels), but were not legally his, and stealing them is not actual theft. The second opinion did not explain the Mishnah to refer to pigeon-racing, since the Mishnah already taught about gamblers in the case of dice-players. The Gemara explains, according to the first opinion, why the Mishnah taught both forms of gambling.
- The process for פסולים of the Mishnah to regain eligibility to give עדות
A Baraisa details what each disqualified person listed in the Mishnah must do to reinstate his eligibility. Dice-players become eligible משישברו את פגמיהן – when they break their playing cubes, ויחזרו בהן חזרה גמורה – and completely reform, which means דאפילו בחנם לא עבדי – that they do not even [play] for free (not for money). Those who lend with ribbis must tear up their שטרות and completely reform, that אפילו לנכרי לא מוזפי – they do not even lend with interest to a gentile, which is ordinarily permitted. Pigeon-racers must destroy their clackers (used for urging them on), and those who lure other pigeons must stop doing so even in the wilderness, where the pigeons are ownerless. For those who trade in shemittah produce, the Tanna Kamma says they must desist from trading in the next shemittah’s produce and be mafkir the field’s produce to the poor. Rebbe Nechemiah says that a verbal repentance (to refrain in the future) is insufficient, and a monetary repentance is required. He must declare, “I, Ploni son of Ploni, have gathered two hundred zuz of shemittah produce, and they are hereby given as a gift to the poor.”
- Additions to the list of פסולים: הגזלנין והחמסנין, and הרועים הגבאין והמוכסין
A Baraisa teaches that they later disqualified הגזלנין והחמסנין – robbers and [those who pay for someone’s item which they take by force]. Since “robbers” are Biblically disqualified, the Gemara explains it means one who steals items found by a חרש שוטה וקטן, which they do not legally acquire. Originally, the Rabbis thought this was uncommon, or that it was not true theft since their ownership is only מפני דרכי שלום – for the purpose of peace. However, they were eventually disqualified, since they take money illegally. חמסנין were not originally disqualified, since they paid for the item, but were eventually disqualified when they saw them grabbing items and throwing money to the owners. They added further: הרועים הגבאין והמוכסין – shepherds, tax collectors, and customs collectors. Shepherds were not originally disqualified, because the Rabbis thought that the animals’ grazing in other people’s fields was אקראי בעלמא – only occasional and on their own, without the shepherd’s intent. However, they saw that shepherds were intentionally bringing their animals to other people’s fields and disqualified them. Tax and customs collectors were not originally disqualified, because the Rabbis thought they collected מאי דקיץ להו – according to what was set for them, which is legitimate. When they saw them collecting beyond their set amount, they were disqualified.
