The Gemara is in the midst of discussing challenging cases in which the judges struggle to reach a decision when we encounter this cryptic line:
In cases of monetary law one says: “The judgment has grown aged,” but in cases of capital law one does not say: “The judgment has grown aged.”
The phrase “grown aged” (hizdaken) indicates that time has passed, but there are two schools of thought as to what it means. On the one hand, it could mean that additional deliberations are necessary. But it could also mean that sufficient (and significant) time has passed, and it’s time to conclude deliberations by voting. In this second interpretation, the rabbis propose a second phrasing: “The judgment is wise (dina).”
The Gemara now needs to decide which interpretation is correct:
The Gemara raises an objection to the first explanation from a beraita: In a situation where they did not reach a decision, the greatest among the judges says: “The judgment has grown aged.” Granted, if you say this means the judgment has grown wise, this would be why the beraita states that the greatest judge says this statement. But if you say this means the judgment has aged, is it not enough that the greatest among the judges in particular not say so? Must he humiliate himself by stating that they cannot reach a verdict?
A beraita teaches us that it is the greatest among the judges who makes the declaration. This suggests that it’s a declaration that the group is ready to vote because, to use the phrase of the Gemara, the judgment is now wise — the judges are ready to decide. The judge who is esteemed makes this call, and takes credit for guiding a deliberative group towards a decision. After all, if the court was simply not ready to vote, we wouldn’t force the most esteemed member of the assembled panel to admit that, under his leadership, they’d failed to reach a conclusion, would we?
Yes, the greatest of the judges must also announce that the court cannot reach a verdict. Being shamed by oneself is not comparable to being shamed by others.
It may be embarrassing for the senior judge to admit that his court has failed to reach a satisfactory verdict. But, argues the Gemara, it’s arguably more embarrassing if his more junior colleagues make that announcement. It’s ultimately better for the dignity of the senior judge if he makes this announcement himself.
We still have yet to determine the proper interpretation of “the judgment has grown aged.” The Gemara continues:
Some say they raised an objection to the second explanation. Granted, if you say this means: “The judgment has aged,” this would be the reason that the greatest one states it, because being shamed by oneself is not comparable to being shamed by others. But if you say this means: “The judgment has grown wise,” should the greatest judge praise himself? But isn’t it written: “Let another man praise you, and not your own mouth, a stranger and not your own lips.” (Proverbs 27:2)?
If we’re saying “the judgment has grown aged” is a positive declaration, that the judges are ready to vote, perhaps the senior judge should not make this announcement. Why? It’s akin to bragging, which Proverbs discourages.
On the other hand:
A matter of the court is different, as its administration is incumbent upon the greatest judge. As we learned in a mishnah (29a): When they finished deliberating the matter, they would bring in the litigants. The greatest of the judges would say: “So-and-so, you are exempt from paying,” or, “So-and-so, you are liable to pay.”
Because the senior judge serves as the general administrator, the typical norms around social behavior and boasting don’t apply here. That means announcing the group is ready to vote is not really a brag at all.
This ends our chapter, and the Gemara doesn’t offer a definitive answer to the meaning of this trial-ending phrase, “the judgment has grown old.” However, the Mishneh Torah states that, in monetary disputes, if the maximum number of judges have been added, and deliberations have gone on without a verdict, the senior judge proclaims, “The judgment has become aged,” and the accused is released. This indicates that the first interpretation — that the panel is simply unable to figure out the correct judgment — wins out over the latter, and the senior judge carries the assembly’s shame.
Read all of Sanhedrin 42 on Sefaria.
This piece originally appeared in a My Jewish Learning Daf Yomi email newsletter sent on January 28, 2025. If you are interested in receiving the newsletter, sign up here.
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