Jewish Audio on Chabad.org. This שיעור will be מסכת סנהדרין דף ז. We will start from the fourth line of the wide lines. And the גמרא starts, ההוא דהוה קאמר ואזיל, there was this person who used to go around saying, טובי, happy should be, דשמע ואדיש, the person who listens to embarrassment and he goes by it, he accepted and doesn't answer, he doesn't start an argument over it. חלפו בישתיה מאה, that if he does that, he doesn't argue over it, then a hundred דינים, a hundred bad things will pass by him and won't affect him. אמר ליה שמואל לרב יהודה, שמואל said to רב יהודה, קרא כתיב, there's a פסוק that tells us the same idea. This is the פסוק, פוטר מים ראשית מדון. Which means the one that lets out the water is the beginning of מדון, is the beginning of argument, but the way he explains it here is that it means ריש מאה דיני, it's the beginning of a hundred דינים. Because the word מדון is an abbreviation of the words מאה דינים, or as רש״י says, the word מדון is the גימטריא a hundred. Its numerical value is a hundred. And what he's saying here is that פוטר מים, the one that opens the water, the one that starts off the argument, so that is the beginning of a hundred דינים, of a hundred troubles. On the other hand, if someone listens to somebody else embarrass him and doesn't answer, he avoids argument, so then he will avoid the hundred troubles. Then the גמרא continues,

ההוא, there was this person, דהוה קאמר ואזיל, he went around saying, אתרתי תלת גנבא לא מיקטל, for the two or three times that a person steals, he still will not be killed. In other words, do not be surprised if a person is not killed for two or three times that he steals, because eventually, when he will steal the fourth time, that's when he will be killed. And אמר ליה שמואל לרב יהודה, שמואל said to רב יהודה, קרא כתיב, there's a פסוק that says that. It's the פסוק, כה אמר ה׳, this is what ה׳ said, על שלשה פשעי ישראל, for three עבירות of the אידן, so for those three, I still could take it, ועל ארבעה לא אשיבנו, but for the fourth, I will not reverse, I will not take away my anger. And that's similar to what that person said, that the fourth time he steals, that's when he will be killed. ההוא דהוה קאמר ואזיל, there was this person that went around saying, שב בירי לשלמונה, there could be seven pits for a person who is complete, who is peaceful, and nothing will happen to him. He will avoid falling in to these seven pits. וחדא, but one, דעביד ביש, one is enough for a person that does bad, and he will fall into that one pit. אמר ליה שמואל לרב יהודה, שמואל said to רב יהודה, קרא כתיב, there's a פסוק that says that, כי שבע יפול צדיק וקם, that a צדיק could fall in seven, and he will get up. He won't get hurt, he will be saved from the seven. And then it

says, ורשע יפול באחת, the רשע will fall into one. This is not לשון of the פסוק, but this is what he's saying the פשט, that a צדיק could avoid seven, but a רשע would fall even into one. The way the מהרש״א explains this, it means that since there are שבעה כוכבי לכת, there are the seven stars, and we know that the stars, the constellations, they control what happens to a person. And that's what he's saying here, that by a צדיק, even if in all the stars it is written that something bad should happen to him, he still won't fall, he's able to overcome it. But on the other hand, a רשע, even if in one of them it's written bad, it will affect him, he's not able to overcome it. ההוא דהוה קאמר ואזיל, there was this person that went around saying, דאזיל מבי דינא, if someone is coming from a בית דין, from a דין תורה, שקיל גלימא, and they took away his coat, he owed money, the בית דין פסקנ׳ד that he owes, and they took away his coat as payment for the debt, ליזמר זמר וליזיל באורחא, let him sing and go on the road. In other words, let him be happy. He should be happy that the דין was פסקנ׳ד that he has to give it up, even though he had a loss of money, but on the other hand, this avoided him from keeping money that doesn't belong to him. So he should be happy. So not only the one that got the money should be happy, but even the one that lost the money, and even if they actually took away the coat that he was wearing, he still should be happy. אמר ליה שמואל לרב יהודה, so שמואל said to רב יהודה, קרא כתיב, it says in the תורה, there's a פסוק, וגם כל העם הזה על מקומו יבא בשלום. This is a פסוק that says that יתרו said to משה רבינו, and he told him how to establish the דיינים of פסקנ׳ינג דינים. And then he said, and also the whole nation will be on its place and come with peace. Now he said "the whole nation". לכאורה, only those people that will come out innocent, they will be peaceful. But those that will be guilty, לכאורה there will be no שלום for them. But nevertheless, he said, וגם כל העם הזה על מקומו יבא בשלום, that the whole nation will come on its place with peace. avoided him from keeping money that doesn't belong to him.

ההוא דהוה קאמר ואזיל, there was this person that went around saying, כי ניימא, if she, the woman, falls asleep, כדיקולא שפיל, so then the basket that she's wearing holding on her head that has all the different things that she needs for her work will fall down. What it means to say is, that if you are lazy and you don't do your job, then you will have a great loss. אמר ליה שמואל לרב יהודה, so שמואל said to רב יהודה, קרא כתיב, this is also a פסוק. It's a פסוק in קהלת קפיטל י' פסוק י"ח, it says: בעצלתיים ימך המקרה, which means that if a person is lazy and he doesn't fix a small crack in the roof, so then the whole roof will fall in and the whole house will fall in. That shows that if you are lazy, it eventually it will lead to a big loss. ההוא דהוה קאמר ואזיל, there was this person that went around saying, גברא דרחיצנא עליה, the person that I relied on, אגלי לגזיזיה וקם, he himself stuck his fist out to me. That shows that you can't rely even on a friend that you think you could rely on him. אמר ליה שמואל לרב יהודה, so שמואל said to רב יהודה, קרא כתיב, there's a פסוק that tells us that: גם איש שלומי אשר בטחתי בו, even my איש שלום, which means the person who is peaceful with me, that I relied on him, and the end of the פסוק there is: הגדיל עלי עקב, that he picked up his heel upon me to stamp to step on me. That shows that even the person you rely on, you still are not sure, you can't rely on him.

ההוא דהוה קאמר ואזיל, there was this man that went around saying, כי רחימתין הוה עזיזא, when the love between myself and my wife was strong, אפושייא דספסירא שכיבנא, we were able to sleep on the blade the edge of the blade of a sword. השתא דלא עזיזא רחימתין, now that our love is not strong, it was weakened, פוריא בר שיתין גרמידי לא סגי לן, even a bed of 60 אמות is still not enough for us. אמר רב הונא, so רב הונא said, קראי כתיבי, this is mentioned in the תורה, we have a ראיה from a פסוק to this. Because מעיקרא כתיב, לכתחילה it says, that ה' said to משה: ונועדתי לך שם, I will make a time to meet you there, ודיברתי איתך מעל הכפורת, and I will speak to you from the כפורת, from the top of the ארון. Now, how big was the ארון? דתניא, we learned: ארון תשעה, the ארון was nine טפחים high, וכפורת טפח, and the כפורת took up a טפח, the cover was a טפח, הרי כאן עשרה, so it's 10. So where ה' says I will speak to you from the top of the כפורת, that means 10 טפחים off the ground. וכתיב, and there's a פסוק that says: והבית אשר בנה המלך שלמה לה', the house that שלמה built to ה', ששים אמה אורכו, it was 60 אמה long, ועשרים רוחבו, and 20 אמה wide, ושלושים אמה קומתו, and it was 30 אמות high, and that's where the ארון stood, and that's where ה' found Himself, so to speak. ולבסוף כתיב, and at the end it says, when the יידן were not the way they're supposed to, it says: כה אמר ה', this is what ה' said: השמים כסאי, the heaven is My chair, והארץ הדום רגלי, and the earth is My foot footstool, איזה בית אשר תבנו לי וגומר, which is the house that you could build for Me? And which is the house that could hold Me? In other words, לכתחילה when the יידן were close to ה', so then that house that he built was enough for ה' to be there. But later on, when the יידן turned away from ה', and the love between ה' and the יידן was not there anymore, so then He says that this house is not enough. "Now which is the house," He says, "that you could build for Me that could hold the שכינה in it?" So we see that when the love is not there, then even a wide place is not enough. Then the גמרא continues:

מאי משמע דהאי לא תגורו לישנא דכנושא היא, this goes back to what we learned in an earlier דף. It says there that when the פסוק says: לא תגורו מפני איש, so the פשט פשט means you should not be afraid of anybody, but the גמרא said it also means that you should not hold back your words, not gather your words. And the גמרא says, for instance, if a תלמיד is sitting in front of his רבי, and a דין תורה comes to his רבי, and the תלמיד has a kind of סברא to show that the poor man was right and the rich man is wrong, so how do we know that he shouldn't hold back from saying? So the גמרא brings the פסוק: לא תגורו מפני איש. So it comes out that the word לא תגורו, according to that פשט, means to hold back, to gather into yourself. So the גמרא now asks: How is the word לא תגורו משמע gathering? אמר רב נחמן, so רב נחמן said: אמר קרא, the פסוק says, and it's a פסוק in פרשת כי תבוא: יין לא תשתה ולא תאגור, but the wine you will not drink, and you will not gather the grapes. So there it says a לשון namely תאגור, from the same שורש as לא תגורו, and there it means gather. So too here, when it says לא תגורו, it means you should not gather. רב אחא בר יעקב אמר, רב אחא בר יעקב says מהכא, from this פסוק. It says in משלי, תכין בקיץ לחמה, she will prepare in the summer her bread, אגרה בקציר מאכלה, and she will gather in the time when you cut the wheat, her food. So there it says אגרה, and it means gather, so we see that לא תגורו could also mean gather. רב אחא בריה דרב איקא אמר מהכא, רב אחא בריה דרב איקא says we learn it out from this פסוק. It says, אוגר בקיץ בן משכיל, that a son that is smart, he will gather his food in the summer time. A son that is foolish will do it some other time. When it comes time to gather in the summer, he will sleep. But if a son is smart, he will gather it in the summer. And there it also uses the לשון אוגר, and it means gather, so we see that the word אוגר comes from the שורש of gathering, and therefore לא תגורו also means gather. Then the גמרא continues,

אמר רב שמואל בר נחמני אמר רבי יונתן, and רב שמואל בר נחמני said in the name of רבי יונתן, כל דיין שדן דין אמת לאמיתו, any judge that judges a perfect, true דין, משרה שכינה בישראל, so he makes the שכינה dwell amongst the אידן. Now, what do we mean when we say a דין אמת לאמיתו, a true דין to its truth? As if there is such a thing as a דין אמת, a true דין, and then there is a thing as אמת לאמיתו, true to its truth. So תוספות explains in other places that what it means is that the judge himself makes sure that the דין is אמת. Because על פי הלכה, if you listen to the עדות, and you hear what they have to say, and you פסקן based on what they said, then you did a דין אמת, you פסקנט a דין אמת. It was true, because you פסקנט a דין based on the evidence that you had. On the other hand, there is a thing as אמת לאמיתו, that the judge goes further, doesn't just accept what the witnesses say, but he puts himself into it further to investigate more, till he will come out with the hundred percent truth. And that is called a דין אמת לאמיתו. So if a judge פסקנס a דין אמת לאמיתו, true to its truth, so then he makes the שכינה dwell amongst the אידן. שנאמר, because the פסוק says, אלקים נצב בעדת קל, השם stands in the community of השם, בקרב אלקים ישפוט, amongst the judges He will judge. So השם is there, so therefore if you judge a דין אמת לאמיתו, then השם stays there, so you make the שכינה, השם, dwell amongst the אידן. But וכל דיין שאינו דן דין אמת לאמיתו, but a judge that doesn't פסקן a דין אמת לאמיתו, גורם לשכינה שתסתלק מישראל, he causes the שכינה should go away from the אידן. שנאמר, as the פסוק says, משוד עניים, because of the oppression of the poor people, מאנקת אביונים, because of the sighing of the poor people, עתה אקום, now I will get up, יאמר ה', השם says, וגומר, etc. So we see that if you don't פסקן the proper דין and you take away money from people that the money belongs to, so then you make השם get up and leave. ואמר רב שמואל בר נחמני, also did רב שמואל בר נחמני say, אמר רבי יונתן, in the name of רבי יונתן, כל דיין שנוטל מזה ונותן לזה, any דיין that takes from one and gives to the other, שלא כדין, not according to the דין, הקדוש ברוך הוא נוטל ממנו נפשו, השם will take away his נפש, his life, שנאמר, the פסוק says, אל תגזל דל, do not steal from the poor, כי דל הוא, because he is poor, ואל תדכא עני בשער, and do not oppress the poor man at the gate, כי ה' יריב ריבם, because השם will argue their argument, וקבע את קבעיהם נפש, and השם will spoil the נפש, take away the life from those that they spoil. That means that if somebody takes away something from a person it belongs to, he פסקנס a wrong דין, so then השם will take away his נפש.

ואמר רב שמואל בר נחמני אמר רבי יונתן, also did רב שמואל בר נחמני say in the name of רבי יונתן, לעולם יראה דיין עצמו, a דיין, a judge should always see himself כאלו חרב מונחת לו בין ירכותיו, as if a sword is between his feet, וגיהנם פתוחה לו מתחתיו, and the גיהנם is open under him, שנאמר, as the פסוק says, הנה מטתו שלשלמה, behold the bed of שלמה, and שלמה is another name for השם, too, ששים גברים סביב לה מגברי ישראל, that there are sixty strong men around it, from the strong men of the אידן, כולם אחוזי חרב, they're all holding swords, מלמדי מלחמה, they're trained for war, איש חרבו על ירכו, each one has his sword on his side, מפחד בלילות, from the fear of the night. So the way he learns here, the פשט is that the sixty strong people, that refers to תלמידי חכמים, because they are strong in their learning. When it says מלמדי מלחמה, that they are trained for war, it means the war of תורה, because they are תלמידי חכמים. So they stand there and they are afraid מפחד בלילות, that means מפחדה של גיהנם שדומה ללילה, from the fear of the גיהנם, which is similar to night. That shows that a judge should always be afraid דרש רבי יאשיה ואיתימא רב נחמן בר יצחק, רבי יאשיה דרשנט, others say it was רב נחמן בר יצחק, מאי דכתיב, what is the פשט in the פסוק where it says: בית דוד, the house of דוד, כה אמר ה׳, this is what ה׳ said, דינו לבקר משפט והצילו גזול מיד עושק, you should judge in the morning the judgment and you should save the one that is being robbed from his robber. וכי בבקר דנין וכל היום אין דנין? Only in the morning you judge and not all day? What is the פשט you should judge in the morning? אלא the פשט is אם ברור לך הדבר כבקר, if it is clear to you the thing as day, as morning, אמריה, say it. If the judge knows for sure that what he is going to say is the right thing and it's clear to him, then say it. ואם לאו, if not, אל תאמריה, do not say it. Because a judge, when he פסקנט, it has to be 100% right. And if it's not, as we said before, all the things that could happen, so therefore only if you are sure that you are saying the right thing, you should say it. וחייא בר אבא אמר רבי יונתן, רב חייא בר אבא said in the name of רבי יונתן, or on the side it says it is supposed to be רבי יוחנן, מהכא, we know this from this פסוק. It says a פסוק, אמור לחכמה אחותי את, say to the חכמה, to the wisdom, you are my sister. And what does that mean? שאם ברור לך הדבר כאחותך שהיא אסורה לך, if the דין is clear to you as clear as it is that a sister is forbidden to marry her brother, so if you know the other דינים that you're dealing with as clear as that, אמריה, you should say it. ואם לאו, if it's not that clear to you, אל תאמריה, do not say it. And that tells us the same thing as we said before, that only if the דין is clear to you, you should say it. אמר רבי יהושע בן לוי, רבי יהושע בן לוי said, עשרה שיושבין בדין, if 10 people are sitting by a דין, קולר תלוי בצואר כולם, the דין hangs, the punishment of the דין hangs on the the throat, a neck of all of them. They are all responsible. גמרא asks, פשיטא, that's simple, certainly they're all part of the דין תורה, certainly the responsibility on all of them equally? גמרא says לא, no, צריכא, it has to tell us about תלמיד היושב לפני רבו, a case where a תלמיד is sitting in front of his רבי, and the דין תורה came to his רבי, not to him, so he didn't get involved. Nevertheless, if he knows a סברא to help one of them and he doesn't say, he also shares in the responsibility. And the גמרא continues,

רב הונא כי הוה אתי דינא לקמיה, רב הונא, if ever a דין תורה came to him, מכניף ומייתי עשרה רבנן מבי רב, he would gather 10 חכמים from the ישיבה. אמר, he said, היכי דלימטיין שיבא מכשורא, that he wanted them also to participate in the דין תורה in order that each one should carry a chip from the beam. Since each one carries the responsibility, so instead of carrying the responsibility all on himself, he would divide the responsibility to each one, so each one would have a chip from the beam, otherwise he would have the whole beam on himself. רב אשי כי הוה אתי טריפתא לקמיה, רב אשי, if ever came a שאלה of a טריפה to him, מכניף ומייתי להו לכולהו טבחי דמתא מחסיא, he would gather all the butchers, all the שוחטים from מתא מחסיא, and they all should participate in פסקנינג the שאלה whether it is כשר or טרף. אמר, and he said, היכי דלימטיין שיבא מכשורא, in order that each one should carry a chip of the beam. There shouldn't be the responsibility only on him completely, so each one should share in the responsibility. כי אתא רב דימי אמר, when רב דימי came he said, דריש רב נחמן בר כהן, רב נחמן בר כהן דרשנט, מאי דכתיב, what is the פשט in the פסוק where it says, מלך במשפט יעמיד ארץ, a king with judgment stands up the world, ואיש תרומות יהרסנה, a person who likes presents, he destroys the world. That means שאם דיין דומה למלך שאינו צריך לכלום, if the דיין who judges is similar to a king who doesn't need anything, as רש״י says, he knows the דינים and he's full of חכמה like a king who is very rich, then יעמיד ארץ, then he stands, establishes the world. ואם דומה לכהן שמחזר על בית הגרנות, but if he's like a כהן that goes around the threshing fields in order to get his share, יהרסנה, then he destroys the world. Which means if the דיין, the judge, is a person that doesn't know himself, he has to go around asking others, then he destroys the world. And the גמרא continues,

דבי נשיאה, the family of the נשיא, אוקמו דיינא דלא הוה גמיר, they appointed a דיין that wasn't a scholar. אמרו ליה ליהודה בר נחמני מתורגמניה דרבי שמעון בן לקיש, the חכמים said to יהודה בר נחמני, who was the מתורגמן of ריש לקיש, מתורגמן was a person that would repeat what the חכם said. The חכם would teach, but he would say it quietly, and the מתורגמן would get up and say it out loud. So the חכמים said to יהודה בר נחמני who was the מתורגמן of ריש לקיש, קום עליה באמורא, now you become the מתורגמן of that דיין that was appointed by the family of the נשיא, and you repeat what he has to say. קם גחין עליה, so he came, got up So he bent down to him to hear what he has to say, ולא אמר ליה ולא מידי, he didn't say anything to him. פתח ואמר, so he started to speak, and he said, he quoted this פסוק, it's a פסוק in חבקוק ב׳ פסוק י״ט, it says, הוי אומר לעץ הקיצה, woe is unto the person who says to wood, "Get up," עורי לאבן דומם, "Arise," he says to a stone that is not movable, הוא יורה, he will פסקן? הנה הוא תפוש זהב וכסף, isn't he surrounded, completely enveloped in gold and silver, וכל רוח אין בקרבו, and all spirit, all breath, is not in him. So that's what he said, considering that דיין, since that דיין was not a scholar, so he said that look whom we're setting up to teach, that woe is unto the person that says to a person like that that he should be the one to teach. ועתיד הקדוש ברוך הוא ליפרע ממעמידיהן, and ה׳ is going to punish those that appointed him, שנאמר, as it says, וה׳ בהיכל קדשו, this is a פסוק in חבקוק close to the פסוק that we just mentioned, and it says that ה׳ is in his holy היכל,

הס מפניו כל הארץ, let the whole world be quiet for him. So we see that ה׳ is there, and he sees what's going on, and he will punish the one that appoints such a judge. אמר ריש לקיש, ריש לקיש said, כל המעמיד דיין שאינו הגון, anybody who appoints a judge who is not fit, כאילו נוטע אשרה בישראל, as if he planted an אשרה amongst the יידן. And an אשרה is a tree that was worshipped for עבודה זרה. And how do we know that? שנאמר, because the פסוק says, שופטים ושוטרים תתן לך, judges and officers you should put for you, you should appoint judges and officers, וסמיך ליה, and right next to it the תורה says, לא תטע לך אשרה כל עץ, you should not plant any אשרה, any wood like an אשרה. And this refers to a judge, as רש״י says, the פסוק says כי האדם עץ השדה, that a person is compared to the tree of the field. And the גמרא says in תענית that it refers to a תלמיד, this is a משל for a תלמיד, for a scholar who studies. And that's what it says here, that שופטים ושוטרים תתן לך, you should make שופטים ושוטרים, that the truth is you have to appoint judges, but לא תטע לך אשרה כל עץ, do not have that עץ, that wood, which is a רמז, a hint for the judge, should not be an אשרה. Obviously, if the judge is not the way he's supposed to, then he is like an אשרה, he's like a tree that was worshipped for עבודה זרה. And therefore, anybody who appoints him is as if he's planting a tree for עבודה זרה.

אמר רב אשי, רב אשי said, ובמקום שיש תלמידי חכמים, and if it's a place where there are תלמידי חכמים, כאילו נטוע אצל מזבח, it's as if he planted that אשרה next to the מזבח, שנאמר, because the פסוק says, אצל מזבח ה׳ אלקיך, next to the מזבח of ה׳, that you shouldn't plant it next to the מזבח. And we know that תלמידי חכמים are like a מזבח. Just like a מזבח is מכפר, if you did an עבירה and you bring a קרבן on a מזבח, you get a כפרה, you're forgiven, the מזבח also is מגין, it guards, and so too תלמידי חכמים help to be מכפר and to guard. So that's what it says, if this was done amongst תלמידי חכמים, that not only did you plant an אשרה, but you planted it next to the מזבח. Then the גמרא says, the פסוק says, כתיב לא תעשון אתי אלהי כסף ואלהי זהב, do not make with me a god of silver or a god of gold. Does that mean that אלהי כסף ואלהי זהב הוא דלא יעבד, that only a god, an עבודה זרה of silver and gold you're not allowed to make, הא דעץ שרי, but a an עבודה זרה of wood you are allowed? That couldn't be. What does the פסוק mean?

אמר רב אשי, so רב אשי said, it means אלוה הבא בשביל כסף, a god that comes because of silver, ואלוה הבא בשביל זהב, a god that comes because of gold. And as we know that אלוקים refers to a דיין, to a judge, so what he's saying here is that that you should not have a judge that comes because of silver and gold. You should appoint a judge who is fit for the position, but not he should buy that position with gold or silver. Because there used to be a time when they used to pay money to the king and buy that position to become a judge. And that's what the פסוק is saying here, should not have a judge that was bought through כסף וזהב. Then the גמרא continues, רב כי הוה אתי לבי דינא, when רב used to come to דין תורה, אמר הכי, he would say like this, ברעות נפשיה לקטלא נפיק, out of his own free will, he's going out for death. Because a judge, if he doesn't פסקן the right דין, as we said before, ה׳ will take away his נפש. So he said it's out of my free will that I'm going for death. וצבי ביתיה לית הוא עביד, and the צרכי, the needs of his house, he is not doing, וריקן לביתיה אזיל, and he's going to come into the house empty, והלואי שתהא ביאה כיציאה, הלואי when he comes into the house should be the same as when he went out, it shouldn't be worse, just like when he went out, he didn't have any sin on him, when he comes back, he also shouldn't have a sin, because since he's going to judge in the middle, who knows, maybe he might פסקן פסקן it wrong. So therefore he says a תפילה that הלוואי when he comes back to the house it shouldn't be worse that when he came out of the house. That when he comes back he shouldn't be with a sin and shouldn't be punished for the פסק דין that he פסקנ'ס. כי הוו חזי אמבוהא בתריה, he would see a group of people follow him, אמר he would say like this. He would quote the פסוק in איוב קפיטל כ', פסוק ו' ז'. There it says אם יעלה לשמים שיאו. If his excellence will go up to שמים, to heaven, he will have a lot of כבוד, he still should remember כגללו לנצח יאבד, just like gall, just like manure, forever he will be lost. He said this in order not to be a בעל גאוה, to stay humble. That's what he used to say.

מר זוטרא חסידא, מר זוטרא דחסיד, כי מכתפי ליה בשבתא דריגלא, when they would carry him on the shoulder on the שבת of a יום טוב, the שבת when they had to teach the דינים of יום טוב. As the דין is that thirty days before a יום טוב you must teach the דינים of יום טוב. So when they used to teach the דינים, so they used to take him, carry him on the shoulder since he was old and if he would walk, there would be a big טרחה, trouble for the people to stand the whole time till he comes to his place. So therefore they used to carry him on the shoulder. והוה אמר הכי, and when this used to happen he used to say as follows: he would quote the פסוק in משלי כ"ז, פסוק כ"ד, where it says כי לא לעולם חוסן, riches are not forever, ואם נזר לדור ודור, and is the crown for all generations? And he would say that again not to be a בעל גאוה. דרש בר קפרא, בר קפרא דרש, מנא הא מילתא דאמרו רבנן, where do we have this thing that the רבנן said הוו מתונין בדין, that you should be calm and slow in the דין, that before you פסקן the דין, you should think about it from all sides and make sure that the פסק דין will be correct? דכתיב, because a פסוק says לא תעלה במעלות, you should not go up on steps. This is a פסוק that refers to the מזבח. And this is the end of פרשת יתרו, and right סמיך ליה, right next to it, it says ואלה המשפטים, and these are the judgments. So we learn out from here that when you go to judge, you shouldn't go up on steps, which means you shouldn't run and you shouldn't go very strong, you should go very slow. You should make sure that the פסק דין you're going to give is a correct פסק דין.

אמר רבי אלעזר, רבי אלעזר said, מניין לדיין שלא יפסיע על ראשי עם קודש, how do we know that a דיין should not step on the heads of the holy nation? When the מתורגמן used to speak, all the people would sit on the floor. Now, anybody would want to go through would have to pass between them, and it would look as if he's stepping over their heads. So how do we know that the דיין should not do it, he should not go through in that way, it should look as if he's stepping on their heads? שנאמר, the פסוק says לא תעלה במעלות, do not go up on step. וסמיך ליה, and right next to it it says ואלה המשפטים אשר תשים, and these are the judgments that you should put in front of them. So we see the connection, that the judges, they should not go up on top, they shouldn't step over the heads of the יידן. Then the גמרא continues to explain פשט in this פסוק that we just brought, ואלה המשפטים אשר תשים לפניהם. And the גמרא asks אשר תלמדם מיבעי ליה, the תורה should have said אשר תלמדם, should have said ואלה המשפטים אשר תלמדם, these are the judgments that you should teach them. What's the פשט, these are the judgments that you should put in front of them? The expression to put in front of them would fit to something that's tangible that you could put down. But here we're talking about דינים, we're talking about הלכות. So it should have said these are the judgments, the דינים that you should teach them. אמר רבי ירמיה ואיתימא רבי חייא בר אבא, said רבי ירמיה and some say it was רבי חייא בר אבא, אלו כלי הדיינים, this refers to the כלים of the דיינים. These are the vessels that the דיינים have, and that's what it says, the דיינים should have these vessels and they should put it down in front of them when they come to judge the דינים. And for that it fits to say the לשון תשים לפניהם, put down, because that is something that is tangible. Then the גמרא continues, רב הונא כי הוה נפיק לדינא, רב הונא when he would go to a דין תורה, אמר הכי, he would say as follows:

אפיקו לי מאני חנותאי, take out and give me the vessels for my office. And what are they? מקל, a stick, ורצועה, and a whip, ושופרא, and a שופר, וסנדלא, and a shoe. And as רש''י explains that each one was needed for the job of being a דיין. The stick was needed for מכת מרדות, that if a person didn't want to listen he would give him מכת מרדות. The רצועה, the whip was needed for מלקות. The שופר was needed for חרם, if the בית דין felt that they want to put somebody in חרם and excommunication. And the שופר was for חרם, if the בית דין felt that they wanted to put somebody in חרם and excommunication, then they would blow שופר. And the shoe was for חליצה. And the דין is that if a person dies without any children, so his wife is supposed to get married to his brother if he has a brother. If he doesn't want to marry him, so then instead of ייבום, he would give him חליצה. And the way חליצה was done is that you take off the shoe of the brother, plus she spits on the floor in front of him, etc. So he would take along a shoe just in case he would have to perform a חליצה. Concerning what the גמרא said before before, that anybody who appoints a דיין שאינו הגון is as if he plants an אשרה next to the מזבח, so the מהרש״א explains, what is the connection between that and a דיין? Because he says a דיין בכלל has the same name as השם. We know that when it says אלקים in the תורה, sometimes it means a דיין. And not only that, sometimes when it says אלקים, it means both together. In the same word, we include השם and the דיין. For instance, the גמרא says in פרק ד׳ מיתות, that when the תורה says אלקים לא תקלל, you should not curse אלקים, it means both, it means קודש and חול, it means השם and it means the דיין. So just like when a person plants an אשרה next to the מזבח, the פשט is that right next to the מזבח, which is connected to השם, which represents השם, you put אלהים אחרים, other gods, so, too, if together with a דיין הגון, you appoint a דיין שאינו הגון, then you're putting אלהים אחרים next to the true אלקים. Since the real דיין is called אלקים, the דיין שאינו הגון is like אלהים אחרים. He's also אלקים because he's a דיין, but he's a false אלקים. So what you're doing is you're putting אלהים אחרים right next to אלקים קדושים, to השם Who is holy, which is similar to a person who plants an אשרה, which is עבודה זרה, אלהים אחרים, right next to the מזבח, which represents השם. When the גמרא explains the פסוק where it says אלהי כסף ואלהי זהב לא תעשו אתי, that you should not make for Me God of silver or gold, and the גמרא explains it means do not appoint a דיין for silver and gold, which means like a דיין, as רש״י says, who bought his position from the king through gold and silver, that you shouldn't do, so the מהרש״א says that this really includes two עבירות. It doesn't only mean a דיין who bought his position through gold and silver, but also a דיין who keeps his position in order to make gold and silver, that he makes money through his being a דיין. That is also an עבירה. And the מהרש״א goes into at length how terrible it is for those רבנים or those דיינים that their whole position is there because they want to make money. Also, concerning what רב said when he used to go to a דין תורה he would say that ברעות נפשי למיקטלא נפיק, that with my own will I'm going out for death. And then he said that the צרכים of my household will not be done, and empty I will go into my house, and הלוואי when I go into my house I should be the same as I go out out of my house. And רש״י explains, that what does that mean? When he said that with my own will I'm going for death, it is because since he's going to a דין תורה, maybe he will make a mistake and פסק'ן wrong and then he will be punished. And when he said הלוואי when I go back to the house it should be the same as when I went out, it also means that הלוואי when I come in, after the דין תורה, I should not have a חטא on me, I should not be punished for פסק'נינג the דין wrong. So the מהרש״א asks a קשיא, לכאורה, both things are saying the same thing. The first statement he made, that on his own will he's going to death, it is because he might make a mistake and be punished. And later when he said הלוואי when I come back to my house I should be the same as when I left the house, it is because he's afraid he might be punished for a mistake. So really, the both things are saying the same thing. Also, he asks, why was he so afraid? Didn't the גמרא say later on דף ו׳ עמוד ב׳ that שמא יאמר הדיין מה לי בצער הזה, the דיין might say since I could be punished for my mistake, why should I לכתחילה get involved in this problem? תלמוד לומר, עמכם בדבר משפט, that אין לו לדיין אלא מה שעיניו רואות, the דיין only has what he sees. And if he judges based on the information and the evidence that he gets, so then he will not be punished. So, what was he afraid? He would follow the evidence, he would פסק'ן according to what he sees, and he won't be punished. So, why was he really afraid of being punished? And therefore, the מהרש״א learns that when he said that ברעות נפשי למיקטלא, that he with his own will is going into death, it is because he might come out with a פסק דין that the strong one is going to be guilty, and that strong one might be רודף him, might make him problems. And that was he was afraid of. And when he said וריקם לביתי איעול, that I enter my house empty, it is because the

דין is that you're not allowed to receive שכר, payment for פסק'נינג a דין, as the גמרא says in בכורות, that הנוטל שכר על מנת לדון דיניו בטלים, that if someone takes payment for פסק'נינג a דין תורה, all his דינים are בטל. So therefore, he said that from פסק'נינג the דין תורה, I don't gain any money, I will come home empty. The only thing I'm getting into is in trouble, that maybe the one that I'm going to say is guilty will be רודף me and make me problems and could kill me. And then when he said הלוואי when I enter my house should be as when I left it, what he means to say is, the מהרש״א explains, that I shouldn't be worse off in the money, because if I will make a mistake in the דין, I will have to pay. As we learned before, that the דיין who makes a mistake has to pay the loss. So הלוואי when I come back to my house, not only will I not make more money because I'm not allowed to take any money for פסק'נינג the דין תורה, הלוואי I shouldn't have a loss of money. הלוואי I shouldn't make a mistake take and have to pay from my pocket for the loss I caused. Now גם we learned before that if he got רשות from the ריש גלותא, then even if he makes a mistake he doesn't pay, so what was רבא afraid that if he'll make a mistake he would have to pay? But it's not so, because he did have רשות as we learned before from the ריש גלותא. But nevertheless, he didn't consider himself as a מומחה, as an expert, because he was an ענו. So therefore, he didn't feel that if he would make a mistake he would be פטור from paying, and therefore he said, הלואי when I come back home I shouldn't have a greater loss than when I left my house. Also concerning what רב said, whenever he would see a group of people following him, he would quote the פסוק that if his excellence will go up to שמים, nevertheless the end will be like גללו. So the מהרש״א says why did he mention going up to שמים? Because in the beginning of the creation, אדם הראשון it says, was מן הארץ עד הרקיע. He was that big, he was from the ground to the רקיע. So therefore he said, if I'm going to be that big and will go up עד הרקיע, still the end will be כגללו לנצח יאבד, that when he dies, what will happen to him? He'll be like גללו. And the reason he mentions גללו, because that, the מהרש״א says, is the lowest thing and the worst thing and something that everyone stays away from. And that's what he said, even though now I might feel I'm עד לשמים, nevertheless when I die, what's going to happen to me? I'll be the worst thing, because the דין is that a מת is טמא, and not only טמא, he is אבי אבות הטומאה, that is the source of the source of טומאה. And that's what he said, how can I hold myself big, even if I see that I'm going to be I'm that great, עד לשמים, nevertheless the end will be that I will be like גללו. Concerning the דרש of לא תעלה במעלות על מזבחי, when the גמרא says how do we know that מתונין בדין, that when it comes to פסקן the דין, you shouldn't rush? It is because the תורה says לא תעלה במעלות, and then it says ואלה המשפטים, so we learn out that when it comes to משפטים to judge, לא תעלה במעלות, do not go up steps, as רש״י says, do not run, do not go strong. So מהרש״א says באמת we could say another פשט, that it means do not go on steps, that a person should not think that he is already on the higher step. When he פסקנ'ס the דין, he shouldn't think right away I'm already on the higher step and I already know the end, I already know the פסק דין. You always have to consider yourself as if you are on the lower step and you still have to step on another step. That's what the פסוק says, לא תעלה במעלות, do not go up on steps, do not feel that you're on the upper step, you should feel that you're on the lower step, and you should take your time and go through the דין very carefully, and then you should פסקן the דין. And now we will continue the גמרא inside. The גמרא quotes the פסוק in דברים where it says, ואצוה את שפטיכם, משה רבינו is saying I commanded your judges בעת ההיא at that time. Whenever it says the word צו, it means to be extra careful, that צו is לשון זירוז, that the word צוואה is always to be מזרז, to make the person faster, to make the person more careful. Now what was he telling them that they have to be careful about? אמר רבי יוחנן, so רבי יוחנן said, כנגד מקל ורצועה תהא זהירות. What he was saying is, be careful with your stick and your whip. That when the judge uses his stick or his whip, he should make sure to use it only לשם שמים, only for השם's sake, not to show his own control. Then the פסוק continues there, שמע בין אחיכם ושפטתם, you should listen amongst between your brothers and you should פסקן.

אמר רב חנינא, so רב חנינא said, אזהרה, that is a warning, לבית דין שלא ישמע דברי בעל דין קודם שיבא בעל דין חבירו, that is a warning for the בית דין that they should not listen to the words of one בעל דין before the other בעל דין comes, because when you hear the words of one בעל דין and the other one is not there to answer the סברא that he says, so then you only have the סברא of one side. And since he explained it to you properly without your hearing the answer of the other side, it's absorbed in your mind. So later on, even though you will hear later on the טענות of the other one, nevertheless it'll already be harder for you to see that the other one is right. Therefore, you are not allowed to listen to the words of one בעל דין before the other. And that's what the פסוק means, שמע בין אחיכם, you should only hear between your brothers; when both of them are there, that's when you should hear the טענות. And it's also אזהרה לבעל דין שלא יטעים דבריו לדיין קודם שיבא בעל דין חבירו. It's also a warning to the בעל דין himself that he should not try to explain his side, give his טענות to the דיין, to the judge, before his other בעל דין comes. So we have here the פסוק telling us that the בית דין is not allowed to listen to the טענה of one בעל דין without the other, and the same פסוק also tells us that it's a לאו, an עבירה, for the בעל דין himself to give his טענות before the other. How do we see in the פסוק that this also applies to the בעל דין himself? קרי ביה נמי שמע בין אחיכם, that the same letters, ש מ ע, that is written and read שמע, which means to be heard, can also be read שמע, to make hear. So if we say it means hear, to be heard, then it refers to the בית דין, that the בית דין should not not hear the טענות of one בעל דין without the other. But if we're gonna read it שמע, it means make hear, so the פסוק is saying that when you make hear your טענה, it has to be

בין אחיכם. So it's talking not to the דיין, but talking to the בעל דין, that when he gives his טענות, it should be בין אחיכם, between the brothers, when the other בעל דין is there. רב חנא אמר מהכא, רב חנא says we can learn out the same דין from here, from another פסוק, מ״לא תשא״, the פסוק says, לא תשא שמע שוא, do not receive, do not pick up a false report. So we could read the same word not לא תשא, but לא תשיא. לא תשא שמע שוא means do not pick up a false report. So that refers to the דיין, the judge. He should not take the report in a false way, meaning when only one is there and not the other. But if we read it לא תשיא, it means that you should not give the false report. So that is talking to the בעל דין himself, that he should not give a report in a way that is like false if he says it when the other one is not there. Then the פסוק continues, ושפטתם צדק, you should judge righteously. אמר ריש לקיש, ריש לקיש said, צדק את הדין ואחר כך חתכהו. What it means is make your דין, your פסק דין, your verdict righteous, and then you should cut it, then you should give it, which means that before you give the פסק דין, it should be very clear in your mind that this is the correct דין. It should be very careful that it's 100% right in your mind, and then you should פסקן the דין. But the

מהרש״א explains that לכאורה it's not clear what the גמרא means with this דרשה. How does it learned out from the פסוק, and what exactly does this דרשה mean when we say that first you should be צדק the דין and then חתכהו? So the מהרש״א learns the פשט like this, that באמת when we quoted the פסוק, ושפטתם צדק, the גמרא meant to ask a קשיא: What do we mean ושפטתם צדק? צדק comes from the לשון צדקה, and ושפטתם צדק is like a contradiction within itself. As we learned in the גמרא earlier, במקום משפט אין צדקה, במקום צדקה אין משפט. There is a פסוק, משפט וצדקה the גמרא quoted in the earlier דף. And the גמרא asked, what does that mean? משפט and צדקה are two opposites. צדקה is righteousness, משפט is judgment. If there is judgment, there is no righteousness; if there is righteousness, then there is no judgment. אלא, the גמרא said, what kind of משפט is it together with צדקה? That is פשרה, that if you make a settlement, then you have both: it is judgment, but on the other hand it's righteousness, it's good for both. And that's what the גמרא means here, that when it says ושפטתם צדק, it comes to tell us that צדק את הדין ואחר כך חתכהו. The

first thing you should do, you should try to take the משפט and make it in the form of צדק. The first thing you should do is that you should try to make a פשרה. That is צדק. ואחר כך חתכהו, that means that only afterwards, then you cannot make the פשרה, but it has to be חתכהו, a clear פסק דין. As we said before, that after you already hear the טענות, and you already know להיכן הדין נוטה, to which side the דין is נוטה, then you are not allowed to make a פשרה. And that's what the פסוק is saying here: ושפטתם צדק, that you should try to make a משפט with צדק, which is a פשרה. But ואחר כך, if you are already holding further, you already heard the טענות, and you know להיכן הדין נוטה, then חתכהו, then you would פסקן the דין as a דין, not as a פשרה, because then you're not allowed to make a פשרה, as the גמרא brought an opinion before. Then the גמרא continues to דרשן the פסוקים. It says there, בין איש ובין אחיו. It says that you should judge righteous between a man and his brother. אמר רב יהודה, so רב יהודה said, אפילו בין בית לעלייה, which means even between a house and a second floor, that you should always judge righteously, and you should not say, for instance, if two people come with a dispute over a house and a second floor, so don't say, I'll פסקן that I'll give the house to one, and the second floor to another, so each one will have a place to live in. איי, one of the two is worth more, who cares as long as each one will have a place to live in. So you can't say that; it has to be done בצדק, and if there's a difference in price, you have to judge that difference too. And

when the פסוק continues, ובין גרו, you should judge righteously between a man and his brother and his גר and his stranger, what does that mean? אמר רב יהודה, so רב יהודה said, אפילו בין תנור לכיריים, even if it's a dispute between a תנור and a כיריים. These are two types of ovens. So the judge might say, since there is a dispute over these two, so I will give one to one and the other to another, so each one will have an oven to work with. איי, one is more expensive than the other, a תנור is bigger and more expensive than a כיריים, but he won't make that difference, and he will say as long as each one has an oven to use, then I won't make him pay extra money. So that's what it says, no, you have to judge בצדק, that you have to see if there's a difference in price between one and the other, so you have to judge that difference and make him pay the difference. This is the way רש״י explains, but the מהרש״א adds to this פשט. He says that באמת there is a קשיא in the פסוק. When the פסוק says you should פסקן צדק בין איש ובין אחיו ובין גרו, the גמרא has a קשיא: why does it say בין איש ובין אחיו ובין גרו, why doesn't it say בין האנשים, and you should פסקן בצדק between the people? Obviously, the פסוק is trying to tell us something. בין איש ובין אחיו means a man and his brother, as if the פסוק is saying a man is a גדול, an adult, his brother is smaller than him, he's a קטן. So the פסוק is trying to tell us that if you have two brothers who inherited from their father, they inherited a house and it has a second floor, and they come to the דיין that he should divide the ירושה. So the דיין might think, since he is the איש, he is the גדול, so he deserves the better part of it, the more expensive part of it. The brother who is only a קטן, he will get the smaller part. That's why the פסוק says no, that you have to divide it equally. You can't look at it, since he is an איש and he is only a קטן, so he deserves less. No, since they both inherited, it belongs to both of them equally, and you have to divide it בצדק, you have to divide it equally. And the same when it says ובין גירו. The way רש''י learns, גירו comes from the word living, from the לשון of מגור. So it refers to the כלים that you need to live. And therefore, the גמרא said that it refers to a division between a תנור and כיריים. But the מהרש''א says that it comes from the word living, but it means people who live in the house. So you might think that if a person has a bigger family, more people live in the house, he deserves a bigger oven because he has to use more. The one that has less people living in the house, he deserves a smaller oven. So the judge might say, let the תנור, the bigger oven go to the one that has more people in the house, and let the כירה go to the one that has less people in the house. So that's why the פסוק says no, if they are both equal partners in it, you can't divide it based on their needs. So you divide it equally. If one is more expensive than the other, then the difference in the money has to be paid by the other. Then the גמרא continues, the

פסוק says further, לא תכירו פנים במשפט, do not recognize a face in judgment. רבי יהודה אומר, רבי יהודה says, it means לא תכירוהו, do not recognize him. If one of the two בעלי דינים is a friend of the judge, the judge is not allowed to show special recognition to that person. He is supposed to accept them both equally. But רבי אלעזר אומר, רבי אלעזר says, לא תנכרוהו, do not make yourself strange to him. That means that if one of the two is your enemy, do not act strange to him more than to the other, but you have to act to both of them equally. Concerning what the גמרא said before that we learn out from the פסוק, אמור לחכמה אחותי את, that you should say to the חכמה that you are my sister, that אם ברור לך הדבר כאחותך שהיא אסורה לך, that if it is clear to you like your sister that she is forbidden to you, then אמרהו, then you should say it. If you know the דין that clear, ואם לאו, if you're not that clear, אל תאמרהו, do not say it. But לכאורה, why did the פסוק pick the example of a sister? A sister is not the only one of the עריות that is very clear that it is forbidden. There are other forbidden עריות, for instance, a mother, etc. So why does he pick a sister? The רבינו חננאל learned what the גמרא means not the איסור of the sister, but the fact that she is your sister. He says that what does it mean, אם ברור לך הדבר בבירור שהיא אחותך שהיא יוצאה ממעי אמך, that if it is clear to you like your sister is clear to you that she is your sister because she came out from your mother's stomach, so you know for sure that she is your sister. But

according to that, the question still remains, why is it important to mention that she is forbidden to you? Why doesn't it just say, אם ברור לך הדבר כאחותך אמרהו, if it is clear to you like your sister is clear to you that she is your sister, so then you say it. Why does the גמרא have to mention that if it is clear to you like your sister that she is forbidden to you? On the other hand, if we're not going to learn like the ר''ח, and we're going to learn what it means is not the fact that she is your sister, but you should be clear to you like the איסור of your sister, like it is clear that a sister is forbidden, so too if you are clear in the הלכה like that, then you should say it, so then the question on the גמרא is, why does the גמרא have to go through the אריכות and say אם ברור לך הדבר כאחותך שהיא אסורה לך, if it's clear to you like your sister that she is forbidden to you, it should have said אם ברור לך הדבר כאיסור אחותך, if it is clear to you like the איסור of a sister, why does it say כאחותך שהיא אסורה לך? It's משמע the גמרא is trying to tell us two things, that by a sister there are two ענינים: It is clear that she is your sister, plus that she is forbidden to you. Another question is why does the גמרא use the לשון אם ברור לך הדבר? We see that in קידושין, דף מ' סוף עמוד א', where this is also brought down, there it doesn't say this לשון, and רש''י uses the לשון בקי. If it is בקי to you, if you are בקי, you know for sure, and here the גמרא uses the לשון ברור. Usually the expression ברור is when you have to divide, separate two things, so you are מברר one from the other. And here the

גמרא uses the לשון אם ברור לך הדבר using the same לשון of בירור. So the ליובאוויטשער רבי in לקוטי שיחות explains that the פשט in the גמרא is as follows: The גמרא specially picks the לשון ברור to tell us that we're talking about something that needs a בירור. בירור refers to a case where you have, for instance, two סברות and both are very strong סברות, and you have to pick, be מברר one out of the other, that is called בירור. Now concerning the איסור of marrying a sister, the פסוק specifically had to be מברר out of two סברות, because on one hand there is a strong סברא to say you should have to marry your sister, it should be better to marry your sister, because we see the first marriage in the תורה was when a brother married a sister. The first children from אדם וחוה, how did they get married? So we know that they married a sister as the גמרא says in ירושלמי in יבמות פרק י"א הלכה א'. So we would think that since it is better if a חתונה is similar to the way it was originally, so it should be better to marry your sister. Especially that she is חצי בשרו as it says in חומש, so it would be a סברא that you should marry the sister, at least it should be better to marry one's sister. And this is a strong סברא. And nevertheless, the תורה was מברר, took out from this סברא, and chose the other סברא to say that it is אסור to marry your sister. Also, this סברא that we said, that there should be a סברא that you should marry your sister, the more she is your sister the more סברא is you should marry her. In other words, if you have a sister just from one mother and a sister from one mother and one father, then there is more סברא to marry the one that's closer to you, the one that's from one father and one mother. Now in the

case where you would marry a sister from one mother and one father, you would need an extra בירור. Because how do you know that she's a sister from one father? So the word בירור applies to both things: to the general איסור of אחותו, and also in which case to such an אחותו where you need a בירור that she is אחותו, that is a case where she's not only אחותו from one mother, but אחותו also from one father. And that's what the גמרא means here. A person has to be clear in חכמה, that he is able to be מברר amongst two סברות which is the right סברא. Even if it's a case where both סברות seem to be strong, you have to have this כח of being מברר. And that's what it means, אמור לחכמה אחותי את, that you have to be ברור in the חכמה, which means that it has to be clear to you that even when there are two סברות and both are strong, you have to be able to be מברר clearly which סברא is the right one and which one is not. And that's what it means, אם ברור לך כאחותך שהיא אסורה לך. It takes both things: that it's ברור to you, you are able to be מברר, like אחותך, where you need a בירור to know for sure that this is the sister that is אסור, and also שהיא אסורה לך, the איסור itself needs a בירור, needs a clarification, needs a choice from another סברא. If you are able to do it like the תורה did it concerning the איסור of אחותו, then you are able to פסקן. But if not, then you shouldn't פסקן. Also, concerning what the גמרא said before, ואלה המשפטים אשר תשים לפניהם, and the גמרא asks the קושיא, it should have said אשר תלמדם, that you should teach them. אשר תשים לפניהם could refer only to an object which is tangible that you could put down, so therefore he says אלו כלי הדינים, this refers to the כלים of the דיינים. Now, it seems like certain ראשונים had a גירסא in this גמרא after the גמרא use the words that אלו כלי הדינים, the גמרא added which are the כלי הדיינים: מקל ורצועה and a שופר and a סנדל, as the ב"ח explains in the beginning of חושן משפט. But as we see, the גירסא the way we have it in our גמרא is that the גמרא does not mention which are the כלי דיינים. It is only later in the story of רב הונא it mentions that he asked that they should give him a מקל, רצועה and a שופר and a סנדל. And according to our גירסא, we could answer a קושיא that the סמ"ע asks on the רמב"ם and on the שולחן ערוך. The סמ"ע in the beginning of חושן משפט asks a קושיא that why doesn't the שולחן ערוך and the רמב"ם bring this דין that a דיין should have his כלי הדיינים? And he answers that the reason is maybe because this דין only applies to בית דין that had סמיכה, and since nowadays there is no סמיכה, it doesn't apply nowadays. But לכאורה, this answer is only good for the שולחן ערוך, because the שולחן ערוך only mentions דינים which are נוגע בזמן הזה. But the רמב"ם, we know he says all the דינים that were נוגע always and that will be נוגע when משיח will come. So what is the answer on the רמב"ם, why doesn't the רמב"ם mention this דין? But if we're going to say that the רמב"ם had the גירסא the way we have it in the גמרא, that the גמרא does not mention which are the כלי הדיינים, we could answer the קושיא on the רמב"ם. Because we could say that the רמב"ם טאקי learns that when the גמרא says אלו כלי הדיינים, it doesn't mean all four. It doesn't mean מקל and a רצועה and a שופר and a סנדל. The רמב"ם could hold that it only refers to a מקל and a רצועה, only to the stick and to the whip, but the others we don't need. And concerning the מקל and the רצועה, the רמב"ם does mention it. In the רמב"ם, פרק י"א הלכה א' of הלכות סנהדרין, the רמב"ם mentions there the מקל and the רצועה. And therefore the רמב"ם doesn't have to mention it again. But if he would have the גירסא that when the גמרא says אלו כלי הדיינים means מקל ורצועה ושופר וסנדל, then this couldn't be a תירוץ. Because then why doesn't he say anywhere that you also have to have a שופר and a סנדל? So we must say that the רמב"ם has the גירסא the way we have it, and he learns that כלי הדיינים only means a מקל and a רצועה. And a ראיה that it means only a מקל and a רצועה is because later in the גמרא, when the גמרא quotes the פסוק, ואצוה את שפטיכם בעת ההיא, the גמרא says אמר רבי יוחנן, כנגד מקל ורצועה תהא זריז. That he's telling us that the שופטים, the judges judges should be careful with their מקל and the רצועה, that they should only use it לשם שמים, not for any other reason.

Why doesn't the גמרא also mention the שופר here? That shows that the main חיוב is only on the מקל and the רצועה. It's only that רב הונא himself, he used to make sure to have not only a מקל and a רצועה, but also a שופר and a סנדל, but the דין is only concerning a מקל and the רצועה.