These are the ones invalidated (as witnesses by rabbbinic ordinance): those who play with kuvia [bones gambled with in pledge (of imbursement), in violation of the rabbinic dictum that "a surety (asmachta) does not effect acquisition." Those who do so are "robbers" by rabbinic ordinance.], those who lend on interest [They are not "robbers" by Torah law to be invalidated (as witnesses), for it (the interest) is willingly given.], those who race pigeons, [like "kuvia" (above), viz.: "If your pigeon comes in before my pigeon, etc."], those who trade in [produce of] shevi'ith, [of which the Torah writes (Leviticus 25:6): "And it shall be for you to eat" — and not for trade." Because all of these are suspect of readiness to transgress for gain, they are suspected of readiness to testify falsely for a bribe.], and bondsmen [They are invalidated by Torah law, a fortiori from (the instance of) a woman, (who is not kasher to testify).] This is the rule: All testimony that a woman is not kasher for, these, too, are not kasher for. [For there is testimony that a woman is kasher for, e.g., testifying that a woman's husband has died, so that she be permitted to remarry, or testifying that a sotah (a woman suspected of infidelity) was adulterous, so that she not drink (the sotah's draught). And these, who are invalidated by rabbinic ordinance, are also kasher (for such testimony). But those invalidated by Torah law because of transgression were not deemed kasher by the sages for the testimony that a woman may give.]
Bartenura on Mishnah Rosh Hashanah
משחקים בקוביא – bones that they would play with as a pledge, for the Rabbis stated that an obligation undertaken that one does not expect to be called upon to fulfill (e.g., a seller who agrees to pay exaggerated penalties if he fails to deliver merchandise by a certain time) which is not binding -and they are robbers according to [the decree of] the Rabbis.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Rosh Hashanah
Introduction
This mishnah is basically taken word for word from Sanhedrin 3:3. It is brought here again because the previous mishnah mentioned the possibility that a person would be disqualified from testifying.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Rosh Hashanah
ומלוי בריבית – they are not called robbers according to the Torah to invalidate them [to serving as witnesses or judges] for he gives him [a loan] on his own.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Rosh Hashanah
And these are they which are not qualified [to be witnesses or judges]: A dice player, a usurer, pigeon racers, or traffickers in Seventh Year produce, and slaves. There are five categories of people who are disqualified from acting as witnesses or judges: 1) The first is a dice player, in other words a gambler. Such a person cannot testify since he is known to be a liar, especially with regards to monetary matters. Another reason is that he doesn’t participate constructively in building society. 2) A usurer. He is also probably considered to not be trustworthy in monetary matters. 3) A pigeon racer. Racing pigeons was a form of gambling. 4) Those who sell produce grown during the Seventh Year. According to Lev. 25:5-7 produce grown in the fields during the Seventh Year may be eaten by its owners, but it may not be sold. One who therefore sells Seventh Year produce is engaging in forbidden business practices which according to our mishnah make him not trustworthy to testify or act as a judge. 5) A slave referring to a slave who has not been freed.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Rosh Hashanah
מפריחי יונים – that is a form of dice, if your dove comes in before my dove.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Rosh Hashanah
This is the general rule: any testimony for which a woman is not qualified, they too are not qualified. The rules of acceptance of testimony from slaves are the same as those for a woman. Any case where they did allow the testimony of a woman, such as testimony concerning the death of another woman’s husband (see Mishnah Yevamot 15:4), they also allowed the testimony of a slave
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Rosh Hashanah
וסוחרי שביעית – They do business with Seventh Year produce, and the All-Merciful said, “to eat,” but not for business, and since they were suspected of violating on the religion for the sake of money, they were suspected of bringing false testimony on a bribe. -
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Rosh Hashanah
והעבדים – they are invalid from the Torah, as derived by a fortiori from [the case of] a woman.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Rosh Hashanah
עדות שאין האשה כשרה לה – since there is testimony that a woman is fit for, such as to testify to a woman that he husband died in order to permit her to marry foreigners, and also to testify on the woman suspected of committing adultery who had been defiled that she should not drink [the accursed, bitter waters]. And those invalidations [made by] the Rabbis are also valid [to testify], but if they are ineligible to testify from the Torah, the Sages did not make them fit for the testimony of a woman, and even though the slave and the woman were deemed fit, they are ineligible to give testimony from the Torah.
