We’ll continue talking about people who are not able to testify about somebody or serve as a judge in their case. The Mishnah says that somebody who is a friend or an enemy of somebody dealing with the case cannot be the judge of that case, nor can they testify about that person, because we automatically assume that they are biased. If they’re a friend, they’re going to give a positive judgment. If they’re an enemy, they’re going to give negative testimony.
How do we define both of these? A friend is defined as somebody who was so close to the person that he was a groomsman at his wedding. He took care of the wedding. He was there for him. He gave him gifts. He was there for his friend at his happiest time. What’s the definition of an enemy, or someone who hates? Anybody from whom the person being judged stayed away for a period of three days out of hatred. If this pair of people had an argument that lasted three days and they didn’t talk, that is enough to create hatred between the two of them. And therefore, you can’t give testimony.
The Hachamim (the Sages) responded to the Tanna Kamma (the first tanna), and they disagreed. They said it can’t be. The Jewish people are never suspected of this. The Jewish people will never give false testimony out of either love or hatred. So a friend or an enemy is allowed to testify in the court case. But they would agree with Tanna Kamma about a judge. They would say that people are biased when it comes to judgment. Therefore, the friend or the enemy cannot be the judge in this case.