Shevuos Daf 30 חג השבועות דַף 30

The fourth Perek begins: שבועת העדות – the law of the oath of testimony (i.e., witnesses who falsely swear they do not know testimony necessary for a monetary case), נוהגת באנשים ולא בנשים – applies to men and not to women, nor to relatives, nor those who are otherwise disqualified witnesses (because of a transgression), ואינה נוהגת אלא בראוין להעיד – and it only applies to those who are qualified to testify. Tannaim argue if they can be liable for swearing outside of Beis Din, as explained on Daf 31. They are liable whether or not they know it is prohibited to swear falsely, provided they knowingly swore falsely. The liability for this shevuah is a קרבן עולה ויורד – korban which goes up and down (i.e., varies based on his financial status). Three Baraisos provide the source that women are disqualified from testifying. Each offers a different proof that "ועמדו שני האנשים" – the two men shall stand refers to witnesses (excluding women), and each concludes by proving it from a gezeirah shavah (שני שני).

A Baraisa darshens the passuk: ועמדו שני האנשים – the two men shall stand, teaching: מצוה לבעלי דינין שיעמדו – it is a mitzvah for the litigants to stand. Rebbe Yehudah says he heard that if the judges want the litigants to sit, they may seat them (later, Rav Huna says that at the גמר דין – verdict, all agree the judges sit and the litigants must stand). However, it is forbidden to have one sit and the other stand, or to allow one to speak fully and tell the other to speak briefly, because if one litigant appears to be receiving better treatment, the other may become flustered, and struggle to present his claim. A Baraisa darshens these laws from בצדק תשפוט עמיתך – with righteousness you shall judge your fellow. This passuk also teaches: הוי דן את חבירך לכף זכות – judge your fellow favorably (if you see him doing something questionable). Rav Yosef taught a Baraisa darshening it: עם שאתך בתורה ובמצות – concerning one of your nation who is with you in Torah and mitzvos, השתדל לדונו יפה – ensure that you judge him well (Rashi explains that a תלמיד חכם’s case should be judged before a simpleton’s).

Rabbah Bar Rav Huna said that when a צורבא מרבנן – young scholar and an unlearned person are opponents in a court case, we seat the צורבא מרבנן, and also invite the עם הארץ to sit (if he stands, there is no concern). The צורבא מרבנן may not arrive first and sit, משום דמיחזי כמאן דסדר ליה לדיניה – because it appears like he is presenting his claim to [the judge] before his opponent arrives, which is forbidden. However, this only applies if the צורבא מרבנן does not study at a regular time under the judge; if he does, his opponent will assume he is busy with his scheduled study and not presenting his claim. A a צורבא מרבנן who knows testimony, but for whom it is undignified to testify before judges beneath his stature, does not need to go testify. However, this only applies to monetary testimony, but as regards prohibitions (e.g., a woman is about to remarry, and the scholar knows her husband is still alive), אין חכמה ואין תבונה ואין עצה לנגד ה' – there is no wisdom nor understanding not counsel contrary to Hashem. Ameimar allowed Rav Yeimar to sit while testifying, because עשה דכבוד תורה עדיף – the positive commandment to honor the Torah is stronger than the mitzvah to stand during testimony.