פירוש על סנהדרין 3:3

ואלו הן הפסולים – to judge or to testify [as witnesses].

Introduction Mishnah three lists those people disqualified from testifying and judging.

המשחק בקוביא – is ineligible for testimony because he does not engage in the welfare of the world. For it is forbidden for a person that he should engage himself other than in [the study of] Torah and deeds of lovingkindness, or in business and crafts or work which have [as its purpose] the welfare of the world.

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. Rabbi Shimon said: “In the beginning they called them ‘gatherers’ of Seventh Year produce, but after the oppressors grew many they changed this and called them ‘traffickers’ of Seventh Year produce.” Rabbi Judah said: “This applies only if they have no other trade, but if they have some other trade other than that, they are not disqualified.” There are four types 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. Rabbi Shimon points out that this law actually was different in an earlier period. According to Rabbi Shimon at first the law was stricter and forbade even those who gathered Seventh Year produce from testifying or judging. Although eating from the fields was permitted, a person who gathered the produce was suspected of later selling it, which was prohibited. Therefore, they originally forbade even those who gathered Seventh Year produce from testifying. However, once the oppressors grew too many they relaxed the prohibition. In the Talmud it is explained that the “oppressors” refers to the Roman government which demanded taxes from the produce grown on the land, even during the Seventh Year. The Rabbis therefore permitted a person to gather his produce and give it for taxes. When this happened they decided to allow people who gathered Seventh Year produce to testify. Rabbi Judah adds an important qualification on those who are prohibited from testifying. These people are disallowed to testify only if they have no other profession. If gambling or racing pigeons was only a hobby or an irregular activity they could still act as witnesses or as judges.

ומלוה בריבית – both the borrower and the lender are ineligible, and we hold that both the lender and the borrower violate a negative commandment.

Questions for Further Thought:
• What is the reasoning behind Rabbi Judah’s opinion?

ומפריחי יונים – there are those who explain this – as one of a kind of game/competition: “If yuour dove will come before my dove, I will give you such and such.” And there those who explain this as one who raises doves who know how to bring [other] doves to the house of its master against their will. And there is in this theft because of the ways of peace, but not complete theft.

וסוחרי שביעית – who do business with seventh year produce, and the Torah stated: (Leviticus 25:6): “But you may eat whatever the land during its sabbath will produce...,” but not for business.

רבי שמעון אומר: – In the Gemara, it explains this matter of Rabbi Shimon as such: At first, they would call them “people who collect seventh-year produce for themselves,” who were ineligible for testimony, just like those who engaged in the business of seventh-year produce.

משרבו האנסין – those who request portions of the King – such and such Korim of grain in each year. And they needed to gather the grain of the seventh year to pay off from it the portions of the king. And they went back to call only those who do business with grain of the seventh year are ineligible [to serve testify] but those who collect grain of the seventh year to give to the king are valid for testimony, and since they don’t collect it to store for themselves. But with regard to Halakhic decision-making, whomever transgressed a sin which makes him liable for death by the Jewish court or extirpation or flogging, is ineligible for testimony. And those liable for death are called רשע/wicked, as it is written (Numbers 35:31): “[You shall not accept a ransom for the life of a person] who is guilty of a capital crime; [he must be put to death].” And regarding those who are liable for flogging, it is written (Deuteronomy 25:2): “And if the guilty one is to be flogged…” And the Torah stated (Exodus 23:10): “You shall not join hands with the guilty to act as a malicious witness.” And the Rabbis expound on “You shall not join guilty hands.” And if he is flogged, he returns to his validity [as a witness], as it is written (Deuteronomy 25:3): “Your brother be degraded before your eyes.” Since he was flogged, he is like your brother. And if he took money, not according to the law, even though he is not liable by it for death or flogging, he ineligible for testimony, such as a thief and a robber and one who lends at interest. But if he took monies which have a Rabbinical prohibition, he is Rabbinically ineligible for testimony, such as those who are dove-racers (i.e., pigeon-racers), and an extortioner who gave money and took an object that the owners did not want to sell, and the which the tax-collectors and the customs collectors , who took it for themselves, and those who receive tzedakah in public from the heathens, these and those like them are Rabbinically ineligible for testimony. And their testimony is not nullified until they announce about them and make them public knowledge. But those who are ineligible to testify from the Torah do not require announcement, and all who are ineligible to testify whether from the Torah or from their words (i.e., the Rabbis), if it is known from their affairs that they completely repented and the monies that they took illegally were returned and that they made a fence and a partition (i.e., a guard against transgressing the law) for themselves in that matter where they had sinned so that they would not add to do this any further; behold, these returned to the validity [for testimony]. But those who are dice players, even though there is now theft, even from their words (i.e., the Rabbis), they are ineligible for testimony, because they do not engage in the welfare of the world and lack the fear of heaven. And especially because they have no work or craft other than this, according to the words of Rabbi Yehuda. And this is the Halakha. And when is their return? When they break their dice and accept upon themselves that even for free they should not do this.