Sanhedrin 1

דִּינֵי מָמוֹנוֹת, בִּשְׁלֹשָׁה. גְּזֵלוֹת וַחֲבָלוֹת, בִּשְׁלֹשָׁה. נֶזֶק וַחֲצִי נֶזֶק, תַּשְׁלוּמֵי כֶפֶל וְתַשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה, בִּשְׁלֹשָׁה. הָאוֹנֵס וְהַמְפַתֶּה וְהַמּוֹצִיא שֵׁם רַע, בִּשְׁלֹשָׁה, דִּבְרֵי רַבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים, מוֹצִיא שֵׁם רַע, בְּעֶשְׂרִים וּשְׁלֹשָׁה, מִפְּנֵי שֶׁיֶּשׁ בּוֹ דִינֵי נְפָשׁוֹת:

Monetary litigations (are presided over) by three (judges) [(even) non-experts, the rabbis not requiring three experts, so that "the door not be closed to loans," (i.e., lest the debtor deny (the loan) and he (the creditor) not find experts to force him to law. But one expert or three non-experts suffice.] Thefts and injuries (are presided over) by three, ["elohim" ("judges") being written three times in the section on shomrim (caretakers) (Exodus 22), whence we derive that three experts are required.] (Litigations of) nezek (damage), [a man or a mued ("habitual damager") ox, which pay a complete nezek for damaging], a half-nezek, [a tam ("non-habitual damager") ox, which caused damage. (Even though nezek comes under chavaloth (injuries), since "double payment" (kefel) and "four and five" payment are to be taught, where the payment is not equal to the damage, but more, half-nezek is also taught, where the payment is, likewise, not equal to the damage, but less. And since half-nezek is taught, nezek is also taught)], double payment, and "four and five" payment (are presided over) by three. (Litigations of) ravishment and seduction and imputation of "an evil name" [viz.: (Deuteronomy 22:17): "I did not find your daughter to be a virgin," (Ibid. 19): "Then they shall fine him a hundred (shekels of) silver"] (are presided over) by three. These are the words of R. Meir. And the sages say: Imputations of an evil name (are presided over) by twenty-three, for they may involve capital punishment. [For if it were (found to be) true that she was adulterous, then she is stoned; and capital cases are tried by twenty-three (1:4).]

מַכּוֹת, בִּשְׁלֹשָׁה. מִשּׁוּם רַבִּי יִשְׁמָעֵאל אָמְרוּ, בְּעֶשְׂרִים וּשְׁלֹשָׁה. עִבּוּר הַחֹדֶשׁ, בִּשְׁלֹשָׁה. עִבּוּר הַשָּׁנָה, בִּשְׁלֹשָׁה, דִּבְרֵי רַבִּי מֵאִיר. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, בִּשְׁלֹשָׁה מַתְחִילִין, וּבַחֲמִשָּׁה נוֹשְׂאִין וְנוֹתְנִין, וְגוֹמְרִין בְּשִׁבְעָה. וְאִם גָּמְרוּ בִשְׁלֹשָׁה, מְעֻבֶּרֶת:

(Adjudications of) [forty] stripes (are presided over) by three, [it being written (Deuteronomy 25:1): "And they shall draw near to judgment, and they (two judges) shall judge them," and since beth-din cannot be evenly balanced, a judge is added, making three.] R. Yishmael says: "Twenty-three. [He derives it by identity: "wicked"-"wicked," it being written here (in respect to stripes) (Deuteronomy 25:1): "And they shall incriminate the wicked one," and, elsewhere, (Numbers 35:31): "…who is a wicked one (condemned) to die." Just as there, twenty-three, so here, twenty-three.] Intercalation of the month [i.e., sanctification of the new moon (Since "intercalation of the year" follows, "intercalation of the month" is taught.)] (is presided over) by three. Intercalation of the year (is presided over) by three. These are the words of R. Meir. R. Shimon b. Gamliel says: They begin with three, deliberate with five, and end with seven. [They begin with three to see if it is necessary to seat a beth-din for this. If one of the three says that beth-din must sit and see if it is necessary to intercalate the year because of the season, the spring, or the fruits, and two say that it is not necessary, that there is no doubt here, that of a certainty, intercalation is not called for, the one is in the minority and he is overruled. If two say to sit, and one, not to sit, the two are followed, and two more are added to deliberate the matter, so that now there are five. If two say that it is necessary to intercalate, and three, that it is not, the two are in the minority and they are overruled. If two say that it is not necessary, and three, that it is, the majority is followed and another two are added, making seven, who intercalate the year. The Gemara explains that these "three, five, and seven" correspond to the priestly blessing, there being three words in the first verse, five in the second, and seven in the last. The halachah is in accordance with R. Shimon b. Gamliel.] And if they ended with three, it is (nevertheless) intercalated.

סְמִיכַת זְקֵנִים וַעֲרִיפַת עֶגְלָה, בִּשְׁלֹשָׁה, דִּבְרֵי רַבִּי שִׁמְעוֹן. וְרַבִּי יְהוּדָה אוֹמֵר, בַּחֲמִשָּׁה. הַחֲלִיצָה וְהַמֵּאוּנִין, בִּשְׁלֹשָׁה. נֶטַע רְבָעִי וּמַעֲשֵׂר שֵׁנִי שֶׁאֵין דָּמָיו יְדוּעִין, בִּשְׁלֹשָׁה. הַהֶקְדֵּשׁוֹת, בִּשְׁלֹשָׁה. הָעֲרָכִין הַמִּטַּלְטְלִין, בִּשְׁלֹשָׁה. רַבִּי יְהוּדָה אוֹמֵר, אֶחָד מֵהֶן כֹּהֵן. וְהַקַּרְקָעוֹת, תִּשְׁעָה וְכֹהֵן. וְאָדָם, כַּיּוֹצֵא בָהֶן:

The placing of the hands of the elders (semichath zekenim) [on the bullock of he'elam davar, (communal transgression through judicial error)] (required three judges.) [Also implied is the appointment of a judge — the senior, ordained judge requiring two to join him when he wishes to ordain a sage to be called "Rebbi" and to rule in penalty (knass) judgments. The term "semichah" is used by reason of (Numbers 28:23): "And he (Moses) placed his hands upon him" (Joshua). It is not necessary (in our instance) that he place his hands upon him but that he add the title "Rebbi" to his name. There is no semichah outside of Eretz Yisrael, but both the ordainer and the one to be ordained must be in Eretz Yisrael. If this condition is satisfied, he has the authority to rule in knass judgment even outside of Eretz Yisrael, Sanhedrin functioning both in Eretz Yisrael and outside it following ordination in Eretz Yisrael. Rambam writes that it seems to him that at the present time, when there is no ordination, one man by another back to Moshe Rabbeinu, if all of the sages in Eretz Yisrael agreed to ordain one or many, they are duly ordained, and they are authorized to rule in knass judgments and to ordain others. The matter requires determination.] ("the placing of the hands of the elders") and the breaking of the neck of the heifer (see Deuteronomy 21:2) require three judges, [it being written (Leviticus 4:15): "the elders of the congregation." The minimum of elders is two, and a beth-din cannot be evenly balanced, so that another is added, making three.] These are the words of R. Shimon. R. Yehudah says: Five are required, [viz.: "And they shall place" — two; "the elders" — two, and a beth-din cannot be evenly balanced, so that another is added, making five. The halachah is in accordance with R. Yehudah.] Chalitzah (levirate refusal) and miunin (refusals) require three. [("Chalitzah":) It is written (Deuteronomy 25:9): "Then his yevamah shall draw near to him before the eyes of the elders": "elders" — two; and a beth-din cannot be evenly balanced, so that another is added, making three. The two others that are added are (added in order) to publicize the matter. ("miunin":) If a minor orphan girl were married to a man by her mother and brothers with her consent, and she (later) wished to leave him by miun ("refusal"), the miun must be before three judges. (In Yevamoth it is indicated that miun before two suffices.)] Neta revai (planting of the fourth year) [if he comes to redeem it for money] and [similarly] second-tithe, whose monetary value is not known [e.g., rotted fruit, which has no fixed price], and (Temple) dedications, [if one comes to redeem them] require three judges. Valuations in movables require three [i.e., If one said: "the valuation of that man is upon me" (to give to the Temple), and he had no money to give as per the monies specified in the section (on valuations), and he desired to give it in movables, three judges are required to assess those movables.] R. Yehudah said: One of them must be a Cohein, [it being written in respect to valuations (Leviticus 27:12): "as the Cohein valuates it for you."] And (valuations) in land require nine and a Cohein. [If he has no movables and he comes to give land, ten men, one of them a Cohein, must assess that land for the imposed valuation.] And the same applies for (the worth of) a man. [If he said: "The worth of that man is upon me" (to give to the Temple), in which instance the man's market value is assessed and the monies given, that assessment, likewise, requires ten men, one of them a Cohein.]

דִּינֵי נְפָשׁוֹת, בְּעֶשְׂרִים וּשְׁלֹשָׁה. הָרוֹבֵעַ וְהַנִּרְבָּע, בְּעֶשְׂרִים וּשְׁלֹשָׁה, שֶׁנֶאֱמַר (ויקרא כ) וְהָרַגְתָּ אֶת הָאִשָּׁה וְאֶת הַבְּהֵמָה, וְאוֹמֵר (שם) וְאֶת הַבְּהֵמָה תַּהֲרֹגוּ. שׁוֹר הַנִּסְקָל, בְּעֶשְׂרִים וּשְׁלֹשָׁה, שֶׁנֶּאֱמַר (שמות כא) הַשּׁוֹר יִסָּקֵל וְגַם בְּעָלָיו יוּמָת, כְּמִיתַת בְּעָלִים כָּךְ מִיתַת הַשּׁוֹר. הַזְּאֵב וְהָאֲרִי, הַדֹּב וְהַנָּמֵר וְהַבַּרְדְּלָס וְהַנָּחָשׁ, מִיתָתָן בְּעֶשְׂרִים וּשְׁלֹשָׁה. רַבִּי אֱלִיעֶזֶר אוֹמֵר, כָּל הַקּוֹדֵם לְהָרְגָן, זָכָה. רַבִּי עֲקִיבָא אוֹמֵר, מִיתָתָן בְּעֶשְׂרִים וּשְׁלֹשָׁה:

Capital cases require twenty-three judges. (Judgment of) the active and the passive participant in sodomy requires twenty-three, it being written (Leviticus 20:16): "And you shall kill the woman and the beast," [the active participant, which is likened to the woman. Just as the woman (is judged) by twenty-three, so is the beast in this instance], and it is written (Ibid. 15): "and the beast (in this instance, the passive participant) shall you kill" — whence we derive (twenty-three judges for) the active and the passive participant.] An ox facing stoning requires twenty-three judges, it being written (Exodus 21:29): "The ox shall be stoned, and also its owner shall die" — As the death of the owner, so is the death of the ox [i.e., Just as the owner in capital cases is judged by twenty-three, so, etc.] The death (by stoning) of the wolf, the lion, the bear, the tiger, the leopard, and the snake requires twenty-three judges. R. Eliezer says: Whoever is first to kill them merits it, [and it is not necessary to bring them to beth-din.] R. Akiva says: Their death requires twenty-three judges. [The Gemara explains that the first tanna and R. Akiva differ with respect to a snake. The first tanna requires twenty-three judges for putting a snake to death, whereas R. Akiva requires that number for wolf, lion, bear, tiger, and leopard, whereas with a snake — "Whoever comes first merits it"; for he rids the world of a scourge. The halachah is in accordance with R. Akiva.]

אֵין דָּנִין לֹא אֶת הַשֵּׁבֶט וְלֹא אֶת נְבִיא הַשֶּׁקֶר וְלֹא אֶת כֹּהֵן גָּדוֹל, אֶלָּא עַל פִּי בֵית דִּין שֶׁל שִׁבְעִים וְאֶחָד. וְאֵין מוֹצִיאִין לְמִלְחֶמֶת הָרְשׁוּת, אֶלָּא עַל פִּי בֵית דִּין שֶׁל שִׁבְעִים וְאֶחָד. אֵין מוֹסִיפִין עַל הָעִיר וְעַל הָעֲזָרוֹת, אֶלָּא עַל פִּי בֵית דִּין שֶׁל שִׁבְעִים וְאֶחָד. אֵין עוֹשִׂין סַנְהֶדְרִיּוֹת לַשְּׁבָטִים, אֶלָּא עַל פִּי בֵית דִּין שֶׁל שִׁבְעִים וְאֶחָד. אֵין עוֹשִׂין עִיר הַנִּדַּחַת, אֶלָּא עַל פִּי בֵית דִּין שֶׁל שִׁבְעִים וְאֶחָד. וְאֵין עוֹשִׂין עִיר הַנִּדַּחַת בַּסְּפָר, וְלֹא שְׁלֹשָׁה, אֲבָל עוֹשִׂין אַחַת אוֹ שְׁתָּיִם:

A tribe and a false prophet and a high-priest are not judged except by a beth-din of seventy-one. [("a tribe":) the majority of a tribe that served idols, it being written (Deuteronomy 17:5): "Then you shall take that man or that woman … to your gates": A man or a woman you take out to your gates (of judgment), but you do not take out a tribe to your gates, but to the Great Beth-din (of seventy-one judges.) ("a false prophet":) This is derived by identity: "thing-thing" from a rebellious elder, it being written here (in respect to a false prophet (Deuteronomy 18:20): "…who shall presume to speak a thing," and in respect to a rebellious elder (Ibid. 17:8): "If there be hidden from you a thing." Just as a rebellious elder is judged by the Great Beth-din, viz. (Ibid.): "Then you shall arise and go up to the place, etc.", so a false prophet is judged by the Great Beth-din. ("a high-priest":) it being written (Exodus 18:22): "The great thing shall they bring to you": The things of the "great one" (i.e., the high-priest) shall they bring to you (Moses)", and Moses was in place of seventy-one.] And the people are not taken out to a "permitted" war. [(Every war except the war with the seven nations and the war with Amalek is called a "permitted" war)] except by a beth-din of seventy-one, [it being written in respect to David (I Chronicles 27:34): "and after Achitofel came Benayahu ben Yehoyada": Achitofel — the counselor; Benayahu ben Yehoyada — the Sanhedrin, of which he (Benayahu) was the mufla (the "elect"), whom all followed.] Additions to the city, [Jerusalem, whose sanctity is greater than that of the rest of Eretz Yisrael] and to the azaroth (the Temple courts), [whose sanctity is greater than that of Jerusalem] are made only by a beth-din of seventy-one. [It is not permitted to originate sanctity except through a beth-din of seventy-one, it being written (Exodus 25:9): "According to all that I show you … and thus shall you do," for (subsequent) generations, viz.: Just as the tabernacle was sanctified through Moses, who was in place of the Great Sanhedrin, so, for (subsequent) generations, additions to the city and to the azaroth are made by the Great Sanhedrin.] Sanhedraoth (of twenty-three judges) are not made for the tribes except by a beth-din of seventy-one, [as we find with Moses, who established sanhedraoth, Moses being in place of seventy-one.] A "condemned city" is declared only by a beth-din of seventy-one, [it being written (Deuteronomy 17:5): "Then you shall take out that man or that women … to your gates": You take out the man or woman to your "gates," i.e., to the beth-din (of twenty-three) in your gates; but you do not take out the entire city to your gates, but to the "distinctive gate," (i.e., the Great Sanhedrin)]. And a "condemned city" is not made in a border city, [one between Eretz Yisrael and the land of the nations, it being written (Deuteronomy 13:14): "from your midst," and not from a border city. The rationale: Lest the nations hear and come and ravage Eretz Yisrael. Therefore, the city is not made "a heap forever," as indicated for a condemned city, but its inhabitants are killed alone.] And not three, but they make one or two. [i.e., One beth-din does not make three cities "condemned cities" in one place, close to one another. But they do make them in two or three places.]

סַנְהֶדְרִי גְדוֹלָה הָיְתָה שֶׁל שִׁבְעִים וְאֶחָד, וּקְטַנָּה שֶׁל עֶשְׂרִים וּשְׁלֹשָׁה. וּמִנַּיִן לַגְּדוֹלָה שֶׁהִיא שֶׁל שִׁבְעִים וְאֶחָד, שֶׁנֶּאֱמַר (במדבר יא) אֶסְפָה לִּי שִׁבְעִים אִישׁ מִזִּקְנֵי יִשְׂרָאֵל, וּמֹשֶׁה עַל גַּבֵּיהֶן, הֲרֵי שִׁבְעִים וְאֶחָד. רַבִּי יְהוּדָה אוֹמֵר, שִׁבְעִים. וּמִנַּיִן לַקְּטַנָּה שֶׁהִיא שֶׁל עֶשְׂרִים וּשְׁלֹשָׁה, שֶׁנֶּאֱמַר (שם לה) וְשָׁפְטוּ הָעֵדָה וְגוֹ' וְהִצִּילוּ הָעֵדָה, עֵדָה שׁוֹפֶטֶת וְעֵדָה מַצֶּלֶת, הֲרֵי כָאן עֶשְׂרִים. וּמִנַּיִן לָעֵדָה שֶׁהִיא עֲשָׂרָה, שֶׁנֶּאֱמַר (שם יד) עַד מָתַי לָעֵדָה הָרָעָה הַזֹּאת, יָצְאוּ יְהוֹשֻׁעַ וְכָלֵב. וּמִנַּיִן לְהָבִיא עוֹד שְׁלֹשָׁה, מִמַּשְׁמַע שֶׁנֶּאֱמַר (שמות כג) לֹא תִהְיֶה אַחֲרֵי רַבִּים לְרָעֹת, שׁוֹמֵעַ אֲנִי שֶׁאֶהְיֶה עִמָּהֶם לְטוֹבָה, אִם כֵּן לָמָּה נֶאֱמַר (שם) אַחֲרֵי רַבִּים לְהַטֹּת, לֹא כְהַטָּיָתְךָ לְטוֹבָה הַטָּיָתְךָ לְרָעָה. הַטָּיָתְךָ לְטוֹבָה עַל פִּי אֶחָד, הַטָּיָתְךָ לְרָעָה עַל פִּי שְׁנַיִם, וְאֵין בֵּית דִּין שָׁקוּל, מוֹסִיפִין עֲלֵיהֶם עוֹד אֶחָד, הֲרֵי כָאן עֶשְׂרִים וּשְׁלֹשָׁה. וְכַמָּה יְהֵא בְעִיר וּתְהֵא רְאוּיָה לְסַנְהֶדְרִין, מֵאָה וְעֶשְׂרִים. רַבִּי נְחֶמְיָה אוֹמֵר, מָאתַיִם וּשְׁלשִׁים, כְּנֶגֶד שָׂרֵי עֲשָׂרוֹת:

The Great Sanhedrin was composed of seventy-one judges, and the lesser sanhedrin, of twenty-three. Whence is it derived that the Great Sanhedrin consisted of seventy-one? From (Numbers 11:16): "Gather unto Me seventy men of the elders of Israel," and Moses over them, [viz. (Ibid 17): "And they shall bear with you" — together with you], making seventy-one. R. Yehudah says: Seventy. [He expounds "with you" as "similar to you," and not that he must sit with them in judgment. The halachah is not in accordance with R. Yehudah.] And whence is it derived that the lesser consisted of twenty-three? From (Ibid. 35:24-25): "And the congregation shall judge … and the congregation shall rescue." The congregation judges [i.e., Ten rule guilty], and the congregation rescues [i.e., Ten rule innocent], making twenty. [i.e., We derive from this that there must be twenty. If they are split, ten rule guilty, and ten, innocent.] And whence is it derived that a "congregation" is ten? From (Ibid. 14:27): "How long for this evil congregation" (of the spies), Yehoshua and Calev being excluded (from the twelve). And whence are the three additional derived? From (Exodus 23:2): "Do not be after many for ill," I understand that I should be with them for good. Why, then, need I be told (Ibid.): "After many to incline"? (To be taught:) Not as your inclining for good (acquittal) is your inclining for ill (conviction). Your inclining for good is with (a majority of) one; your inclining for ill requires (a majority of) two (beyond the minimum ten). And since we cannot have a split beth-din, we add another one, making twenty-three. [The verse is understood thus: "Do not be after many for ill," to convict by a majority of one over those ruling for acquittal; but "after many to incline" — with two, even for ill, when there are two more for conviction than for acquittal. Therefore, perforce, twenty-three are required. For there cannot be fewer than ten ruling for acquittal — viz.: "And the congregation shall rescue," so that conviction cannot obtain with fewer than twelve. ("and since we cannot have a split beth-din":) Beth-din cannot be even-numbered; for if (it were, and) they were split (in their decision), we would have half against half, so that "Your inclining for good is with one" could not obtain. Therefore, an additional judge is added, making twenty-three.] And how many must there be in a city so that it qualify for a sanhedrin (of twenty-three)? One hundred and twenty. [The Gemara explains: Twenty-three, the small sanhedrin; three rows of twenty-three each sitting before them, from which to add to the judges if this becomes necessary (see 4:4); ten "idlers" (i.e., ten who are idle from all work and sit constantly in the house of study; two scribes to record the words of those who rule for acquittal and those who rule for conviction; two chazanim, sextons of beth-din, to administer stripes where prescribed and to summon the litigants; two litigants; two witnesses; two who declare them zomemin ("scheming"); two who declare the zomemin, zomemin; two (charity)collectors and a third to distribute the charity (charity being collected by two and being distributed by three); a blood-letter, a scribe; and a teacher of young children — making one hundred and twenty.] R. Nechemiah says: Two hundred and thirty, corresponding to "officers of tens" [i.e., twenty-three tens — so that each judge be an officer of ten, less than that not being regarded as "authority." The halachah is not in accordance with R. Nechemiah.]