פירוש על סנהדרין 4:1

אחד דיני ממונות ואחד דיני נפשות – And regarding capital cases, it is written (Deuteronomy 13:15): “ You shall investigate and inquire [and interrogate thoroughly]…,” and this is the law of the Torah. But the Sages said that we do not lengthen in investigations and inquiries in monetary cases so that we don’t shut the door before borrowers, other than if the Jewish court saw that the proceedings in court which bear evidences of fraudulent claims or statements (see Sanhedrin 32a). For investigations and inquiries are the question in its own accord, such as: “how much [money] did you lend him?” and “when did you lend him?” and “for what purpose did you lend him?,” and “in what place did you lend him?” But there is another type of question which is called examination and it is not related to the matter, such when they ask him: “What was he wearing? Black utensils or what utensils? Was he standing or sitting at the time you lent him?

Introduction The mishnah which we will learn today discusses the differences in how a court acts during non-capital trials (cases entailing penalty not by death) and capital trials. As we will learn in our mishnah and also in mishnah five of this chapter the Rabbis took capital cases very seriously and wanted to ensure as much as possible that no person would be wrongfully executed.

פותחים – the give-and-take of the judgment case, whether for acquittal or for guilt.

Our mishnah opens with the one similarity between capital and non-capital cases: they both require interrogation of the witnesses. We will learn what questions were asked of the witnesses in chapter five. The mishnah then lists eight differences between capital and non-capital cases.

מחזירין – they reverse the decision after they have completed the deliberations and knew that they had erred.

Capital cases require twenty three judges, while non-capital cases require only three. This law was already learned in chapter one.

ואין הכל מלמדין חובה – that if one of he students said: “I am able to argue about him that he is guilty,” we do not listen to him.

In non-capital cases the judges may begin their deliberations either with points in favor or points against the accused. Capital cases must begin with points in favor of the accused.

דנים ביום וגומרין בלילה – As it is written (Exodus 18:22): “Let them judge the people at all times…” and it is written (Deuteronomy 21:16): “When (i.e., “on the day”) he wills the property to his sons, [he may not treat as first-born the son of the loved one in regard of the son of the unloved one who was older].” In what manner? The daytime is the beginning of the proceedings and the night time is the conclusion of the judgment.

Non-capital cases require a majority of one to either convict or acquit, while capital cases require a majority of two to convict and one to acquit. This law was also already learned in chapter one, mishnah six.

דנין ביום וגומרין ביום – As it is written (Numbers 25:4): “[The LORD said to Moses, ‘Take all the ringleaders] and have them publicly impaled before the LORD (i.e., during the sunlight), [so that the LORD’s wrath may turn away from Israel.’]”

If new evidence should arise non-capital cases may later be reversed either from conviction to acquittal or vice versa. Capital cases may only be reversed from conviction to acquittal. Once a person is acquitted of a capital crime he may no longer be tried.

גומרים בו ביום בין לזכות בין לחובה – As Scripture states (Isaiah 1:21): “[Alas, she has become a harlot, the faithful city] that was filled with justice, where righteousness dwelt – [but now murderers].”

In non-capital cases anyone may speak in favor or against the accused, even the disciples of the Sages who are not counted amongst the judges. (We will learn more about them in mishnah four of this chapter). In capital cases the disciples may speak in favor of the accused but not against him.

לפיכך אין דנים לא בערב שבת – as it will be found that the completion of the legal proceedings will be on Shabbat [proper] and to delay it until after Shabbat is impossible because of the delay in executing judgment [is illegal], and to judge him on that [selfsame] day is impossible, for the four forms of capital punishment do not override the Sabbath, as it says (Exodus 35:3): “You shall kindle no fire throughout your settlements on the sabbath day,” it taught regarding those who were liable for burning, that we do not burn them on the Sabbath, and this same law applies to the other forms of capital punishment.

In non-capital cases a judge who argued in favor may later argue against, if he is convinced by the arguments of his colleagues. In capital cases once one has argued in favor he may no longer argue against.

The verdict of a non-capital case may be reached at night, whereas the verdict of a capital case must be reached during the day.

Non-capital cases may be completed in one day, but capital cases require the judges to wait overnight before rendering their decision. Since this is so, capital cases are not adjudicated on the day before the Sabbath or a Festival, for if they were the punishment would have to be carried out on the Sabbath or Festival and it was considered to be a breach of Sabbath or Festival law to execute on those days. Furthermore, they didn’t want to try someone on Friday, pronounce him guilty on the Sabbath and have to wait until Sunday to execute him. Such a wait would prolong the psychological pain of the person about to be put to death.

Questions for Further Thought:
• Why did the Sages insist on these differences between capital and non-capital cases? What is their function?