Halakhah к Мишлей 11:35

After they [the Judges] discussed the case, the litigants were brought in and the most distinguished¹The reason why the senior Judge makes this pronouncement is in order that the litigant who was declared guilty should not suspect who was for acquittal or who was for conviction — M.E.. Tosaf. Yom Tob to San, III, 7 writes that the reason is simply to accord honour to the senior Judge because it is not permissible to speak before one who is greater in wisdom. of the Judges says, 'So-and-so, you are not guilty' [or] 'So-and-so, you are guilty'.²Mishna San. 29a. Should the guilty party summon him again before another Court of Law, the latter is not obliged to go to law with him because of the principle ‘One Court of Law is not careful in its examination of a case already tried by another Court of Law.’ Cf. supra § 14, n. 4. Nor is the Court of Law permitted to listen to his pleas — D.M. on the authority of Resp. in Ḥaze ha-Tenufah. And even if the disciples noticed that the verdict is incorrect, they are not permitted to tear up the document, but must wait until the Master himself examines the matter — R. Yeruḥam. It is forbidden for a Judge to say after leaving the Court of Law, 'I was for acquittal but my colleagues were in the majority.' And the one who acts thus comes under the rule of 'He that goeth as a talebearer revealeth secrets.'³Prov. XI, 13. Thus Mishna San. ibid. One who is not a Judge is forbidden to say to a litigant who was convicted that the Judge erred in their decision, for one who says this transgresses He that goeth about as a talebearer revealeth secrets and From a false matter keep thee far and is the cause of enmity and dissension — SeMaG. , K.H., Tummim and P.Tesh for further elucidation.

Other early-day scholars find the obligation to regard all personal or proprietary communications as privileged to be reflected in yet another verse. R. Menahem ha-Me'iri, in his commentary on Yoma 4b, and R. Levi ben Gershon (Ralbag), in his commentary on the scriptural passage, understand Proverbs 11:13 as reflecting the principle enunciated by the Gemara, Yoma 4b. Proverbs 11:13 is usually translated as "He that goes about as a talebearer reveals secrets, but he who is of faithful spirit conceals a matter." Me'iri, however, renders the first half of the verse as "He who reveals a secret is a talebearer" while both Me'iri and Ralbag understand the second part of the verse as referring to a person who "conceals a matter" even though it has not been divulged to him as a secret.

Resolving monetary disputes is a daunting challenge. Rav Ben-Zion Uzziel (Teshuvot Mishpetei Uzziel C.M. 1) urges Dayanim (rabbinic judges) to engage in “deep thought and seek much advice,” following the advice of Mishlei 11:14, “Salvation comes with much advice.” The consensus view among the poskim consulted by Rav Schlesinger is that the sale, in most cases, cannot be voided. However, this view behooves both buyers and sellers to carefully clarify the product that is being expected and offered. This will avoid scenarios such as ours which, in the long run, harm the interests of both buyer and seller.

The root of this commandment is well-known and revealed to all that see the sun. As God, may He be blessed, created the world and commanded us be fruitful and multiply, in order to settle it in front of Him. And [so] He prevented us, that we not destroy it with our hands, to kill and destroy the creatures which are the settlers of the world. However, the total evildoers - for example, the heretics and the talebearers - are not from the settlers of the world. And about them, the verse states (Proverbs 11:10), "with the destruction of the evildoers is there glee" - because they do not settle (civilize) the world, but rather destroy it with all their might. And this is what one sage from our Sages, may their memory be blessed, said about the destruction of the evildoers (Bava Metzia 83b), "I am ridding the thorns from the vineyard" - meaning to say that with the destruction of these, the world will be more settled, [just] like with the removal of thorns (weeds), the fruits of the vineyard multiply and are better.

And if he was married he should not be too regular (often) with his wife, and if as they say "that talmidai chachomim should not be found by their wifes and roosters" (this ment) not sposificly talmidai chachomim but the same law is also every man, they wrote "talmidai chachomim" since abstinent if found by them, ...