meta: {"file": "/data/tomer/Sefaria-Export/txt_done/Mishnah/Seder Nezikin/Mishnah Sanhedrin/English/Open Mishnah.txt"}
text: Mishnah Sanhedrin
  משנה סנהדרין
  Open Mishnah
  
  
  Mishnah Sanhedrin
  
  
  
  
  
  Monetary cases [are judged] by three [judges]. [Cases of] theft and personal injury [are judged] by three [judges]. [Suits for] damages or half-damages, [crimes for which one would] pay double, or pay quadruple or quintuple, [are judged] by three [judges]. [Cases of] rape, seduction, and slander [are judged] by three [judges]- these are the words of Rabbi Meir. But the Sages say, [a case of] slander [is judged] by twenty-three [judges], because this is a capital case.
  [Cases regarding transgressions punishable by] lashing, by three. In the name of Rabbi Yishmael it was said, by twenty-three. Intercalating the month by three; intercalating the year, by three, these are the words of Rabbi Meir. Rabbi Shimon ben Gamliel says, They begin with three, deliberate with five, and finish with seven. But if they finish with three, [the year] has been intercalated.
  The laying of the hands by the elders, and the breaking of the neck of the calf [are performed] by three [judges], these are the words of Rabbi Shimon. But Rabbi Yehudah says, by five. <i>Chalitzah</i> (declination of levirate marriage) and <i>mi'un</i> (rejection of youth betrothal), by three. Fourth year produce or the second tithe with unknown value, by three. [Redemption of] dedications [for the Temple], by three. Valuations of chattel, by three. Rabbi Yehudah says: one [of the judges] must be a priest. [Redemption of] real estate, by nine and a priest. Similarly with [redemption of the value of] a man.
  Capital cases, by twenty-three. Bestiality, by twenty-three, as it says (Leviticus 20:16) "and you shall kill the woman and the beast," and it says, (Leviticus 20:15) "and you shall kill the beast." An ox to be stoned, by twenty-three, as it is written (Exodus 21:29) "the ox shall be stoned and its owner shall also be put to death," as is the death of the owner, so is the death of the ox. The wolf and the lion, the bear and the tiger, the leopard and the snake, are put to death by twenty-three. Rabbi Eli'ezer says: Whoever is the first to kill [the animal] has performed a meritorious deed. Rabbi Akiva says: they are put to death by twenty-three.
  They may not judge a tribe, or a false prophet, or a high priest, except by a court of seventy-one. They may not [declare] an optional war, except by a court of seventy-one. They may not add [annex] to the city [Jerusalem] or [Temple] Courtyards, except by a court of seventy-one. They may not make a Sanhedrin for [individual] tribes, except by a court of seventy-one. They may not proclaim a wayward city [a city whose inhabitants are mostly idolatrous Jews], except by a court of seventy-one. They may not make a wayward city on the border, nor may they [make] three wayward cities, only one or two.
  The great <i>Sanhedrin</i> [Highest court, charged with deciding cases and appeals that had national significance. It was comprised of 71 scholars who had received the full traditional rabbinical ordination, and its decisions fixed Jewish practice for subsequent generations.][was comprised of] seventy-one [judges], and a small [<i>Sanhedrin</i>] twenty-three [judges]. From where [do we derive] that the great [<i>Sanhedrin</i>] [comprises] seventy-one [judges]? As it says, (Numbers 11:16) "gather for me seventy men from the elders of Israel," and Moses [set] over them, behold, [the number of judges adds to] seventy-one. Rabbi Yehudah says: seventy. And from where [do we derive] that a small [<i>Sanhedrin</i>] [comprises] twenty-three [judges]? As it says, (Numbers 35:24-25) "the assembly shall judge... the assembly shall deliver." The assembly judges and the assembly delivers- behold  [the number of judges adds to] twenty. From where [do we derive] that the assembly is ten? As it says, (Numbers 14:27) "Until when shall I bear this wicked assembly." This excludes Joshua and Caleb. And from where [do we derive that we] add three more? This is implied by the [verse], as it says, (Exodus 23:2) "Do not follow the many to do evil." Should I learn to follow them to do good? If so, why does it say (Exodus 23:2) "Following the many to distort [justice]" - your following to do good is not like your following to do evil. Following to do good [i.e. acquittal] is by one, following to do evil [i.e. conviction] is by two. Since a court cannot [contain an] even [number of members], we add [to the number of judges] one more- behold this is twenty-three. And how many [inhabitants] must a city have before it may have a <i>Sanhedrin</i>? One hundred and twenty. Rabbi Nechemiah says, two hundred and thirty, [each judge] corresponding to a chief of a group of ten.
  
  
  
  The High Priest may judge and be judged [himself]; may testify and others may testify against him; may perform <i>chalitzah</i> [declination of levirate marriage] and others may perform <i>chalitzah</i> for his widow; and others may marry her through levirate marriage, but he may not marry another through levirate marriage, because he is forbidden to marry a widow. [When his relative] dies, he may not follow the bier; rather, when they are concealed [from his view] he may be present, and once they appear he must be concealed [from their view], and he may follow them [in this manner] until the opening [gates] of the city. These are the words of Rabbi Meir. Rabbi Yehudah says, he may not leave from the Temple, as it says, (Leviticus 21:12) "And from the Temple, he may not leave." When he comforts other [mourners], it is the custom that all the people pass by one after one, and the appointed [substitute High Priest] interposes himself between [the High Priest] and the people. When he is being comforted by others, all the people say to him, "We are your atonement," and he says to them, "From heaven shall you be blessed." And when he is fed in comfort, all the people sit on the ground, and he sits on the stool.
  The king may not judge nor be judged himself; may not testify, nor may others testify against him; may not perform <i>chalitzah</i>, nor may others perform <i>chalitzah</i> for his wife; and may not marry through levirate marriage, nor may others marry his wife through levirate marriage. Rabbi Yehudah says, if he wishes to perform <i>chalitzah</i> or marry through Levirate marriage, he is remembered for good [i.e. it is meritorious]. [The Sages] said to him: We do not listen to [the king in this respect]. And none may marry his widow. Rabbi Yehudah says, a king may marry the widow of [another] king, for thus we find with respect to David, who married the widow of Saul, as it says (II Samuel 12:8), "And I gave you the house of your master, and the wives of your master in your bosom."
  [When his relative] dies, he may not go out from the opening of his palace. Rabbi Yehudah says, if he wishes to go out to follow the bier, he may, for thus we find with respect to David, for David went out to follow the bier of Abner, as it says, (II Samuel 3:31), "And King David followed the bier." [The Sages] said to him: that matter was only done to appease the people. And when he is fed in comfort, all the people sit on the ground, and he sits on a couch.
  [The King] may lead [the people] out to an optional war with the consent of the court of seventy-one. He can break through [private property] to build a road, and none may object. The king's road has no measure. And everything that the nation plunders, they place in front of him, and he takes the first portion. "He may not amass too many wives" (Deuteronomy 17:17), only eighteen. Rabbi Yehudah says, he may amass more, so long as they do not lead his heart astray. Rabbi Shimon says, even one who leads his heart astray he may not marry. If so, why does it say, (Deuteronomy 17:17) "He may not amass too many wives"? [This condition applies even if she is] like Abigail. "He may not amass too many horses" (Deuteronomy 17:16), only enough for his chariots. "And excessive silver and gold he may not amass" (Deuteronomy 17:17), only enough to pay his soldiers' wages. He must write a Torah scroll for himself. [When] he goes to war, he takes it out with him. [When] he enters, he brings it with him. [When] he sits in judgment, it is with him. [When] he sits [at a meal], it is opposite him, as it says, (Deuteronomy 17:16), "And it shall be with him, and he shall read therein all the days of his life."
  No one may ride his horse; and no one may sit on his throne; and no one may use his scepter; and no one may look at him while his hair is being cut, nor while he is nude, nor while he is in the bathhouse, as it says, (Deuteronomy 17:16) "Set a king over yourself," [such that] his awe shall be over you.
  
  
  
  Monetary cases [are judged] by three [judges]. One [litigant] selects one and the other selects one, and both select the additional one, these are the words of Rabbi Meir. But the Sages say, the two judges choose the additional one. One [litigant] invalidates the judge of the other, and the other invalidates the judge of the one, these are the words of Rabbi Meir. But the Sages say, when [may one party invalidate the judge selected by the other]? Only when evidence is brought that they are related [to the litigant] or otherwise invalid [may they be invalidated], but if they are acceptable or expert, they cannot be invalidated. One [litigant] invalidates the witness of the other, and the other invalidates the witness of the one, these are the words of Rabbi Meir. But the Sages say, when [may one party invalidate the witness of the other]? Only when evidence is brought that they are related [to the litigant] or otherwise invalid [may they be invalidated], but if they are acceptable, they cannot be invalidated.
  If one says to another: "My father is trustworthy to me," or, "Your father is trustworthy to me," or, "Three herdsmen are trustworthy to me," Rabbi Meir says he may retract his statement. But the Sages say he may not retract. If one [litigant] were obligated to take an oath to the [other litigant] and said to him, "Vow to me by the life of your head," Rabbi Meir says he may retract his statement. But the Sages say he may not retract.
  These are invalid: dice-players, usurers, pigeon-flyers, and sellers of Sabbatical goods. Rabbi Shimon says, previously they were called gatherers of Sabbatical goods, but because of tax-collectors, they became known as sellers of Sabbatical goods. Rabbi Yehudah says, when [are these invalid]? When they have no other trade; but when they have another trade, they are acceptable.
  And these are the relatives [disqualified from testifying or judging]: his father, his brother, his father's brother, his mother's brother, his sister's husband, his father's sister's husband, his mother's sister's husband, his step-father, his father-in-law, and his brother-in-law [his wife's sister's husband], these and their sons and sons-in-law; and his step-son alone. Rabbi Yose said, this is the teaching of Rabbi Akiva. But the original teaching [said]: his uncle, and the son of his uncle, all his potential heirs, and anyone related to him at that time. One who used to be related to him but is no longer- behold, he is acceptable. Rabbi Yehudah says, even if his daughter dies, and [his son-in-law] had children with her- behold, [the daughter's widowed husband] is a relation.
  [These are also invalid]: the friend and the enemy. The friend, this is a groomsman. The enemy, this is anyone who has not spoken with [the litigant] for three days from hatred. [The Sages] said to him: Israel is not suspected of this.
  How do they examine the witnesses? They would bring them in and instill fear in them. Then they would send every man outside, but keep the eldest among them and say to him: "Say how you know that the one owes the other." If he says, "He told me, 'I owe him,'" or, "So-and-so told me that he owes him" - this means nothing. Only if he says, "In front of us, he told him that he owes him two hundred <i>zuz</i>" [is his testimony meaningful]. After this, they would bring in the second [witness] and examine him. If they find that their words are aligned, [the judges] deliberate on the matter. [If] two say innocent and one says guilty, [the verdict is] innocent. Two say guilty and one says innocent, [the verdict is] guilty. One says innocent and one says guilty, or even if the two acquit or the two convict and one says he does not know, they add [more] judges.
  When the matter is finished, they bring in [the litigants]. The greatest of the judges says, "So-and-so, you are innocent," or, "So-and-so, you are guilty." And from where [do we derive that] when one of the judges leaves he may not say, "I acquitted him and my fellows convicted him, but what was I to do, as my fellows were in the majority." Regarding this it is said, "Do not go about as a talebearer among your people," (Leviticus 19:16) and it says, "He who gossips reveals secrets." (Proverbs 11:13)
  Each time [a litigant] brings evidence [anew], he overturns the [previous] verdict. [If] they said to him: "All evidence that you have, bring it here within thirty days." If he finds [evidence] within thirty days, it overturns [the previous verdict]. After thirty days, it does not overturn. Rabban Shimon ben Gamliel said, what could he have done, for he did not find [evidence] within thirty days, but [only] after thirty days! [If] they said to him, "Bring witnesses," and he says, "I have no witnesses"; [or] they say to him, "Bring evidence," and he says, "I have no evidence"; and after a time he brings evidence or finds witnesses, behold this means nothing. Rabban Shimon ben Gamliel said, what could he have done, for he did not know that he had witnesses and [only later] found witnesses, [or] he did not know that he had evidence and [only later] found evidence! [If] they said to him, "Bring witnesses" and he says, "I have no witnesses"; or [they say,] "Bring evidence," and he says, "I have no evidence"; and he sees that he will be convicted and says, "Come near so-and-so and so-and-so, and testify for me," or he found evidence from his wallet, behold this means nothing.
  
  
  
  Both monetary and capital cases have examination and inquiry, as it is written (Leviticus 24:22) "You shall have one justice." What is the difference between monetary cases  and capital cases: monetary cases[are tried] with three [judges], and capital cases, with twenty-three. Monetary cases are opened either [with arguments] to acquit or to convict, and capital cases open [with arguments] to acquit but do not open [with arguments] to convict. Monetary cases are decided by one either to acquit or to convict; capital cases are decided by one to acquit or by two to convict. In monetary cases, [the verdict] can change between acquittal and conviction; in capital cases [the verdict] can change to acquittal but cannot change to conviction. In monetary cases, all can rule for acquittal or conviction; in capital cases, all can rule for acquittal but all cannot rule for conviction. In monetary cases, one who convicts can acquit and one who acquits can convict; in capital cases, one who convicts can acquit, but one who acquits cannot turn and convict. Monetary cases can be tried in the day and can finish in the night; capital cases are tried in the day and must finish in the day. Monetary cases finish on the same day for either acquittal or conviction; capital cases finish on the same day for acquittal and the next day for conviction, therefore there cannot be trials on Friday evening or the evening before a holiday.
  Cases of impurity and purity begin from the greatest [judge], cases of life begin from [the judges on] the side. All are acceptable to judge in cases of money, but none are acceptable to judge in cases of life except for priests, Levites, and Israelites whose daughters can marry priests.
  The Sanhedrin [highest court, charged with deciding cases and appeals that had national significance. It was comprised of 71 scholars who had received the full traditional rabbinical ordination, and its decisions fixed Jewish practice for subsequent generations.]was [organized like] half of a round granary, so that each (judge) could see each [judge]. Two court scribes stood before them, one on the right and one on the left, and they wrote the words of the acquitting [defense] and the words of the convicting [prosecution]. Rabbi Yehudah says, (there were) three, one wrote the words of the acquitting and one wrote the words of the convicting, and the third wrote the words of the acquitting and the words of the convicting.
  And three rows of students sit before them, each one knows his [proper] place. [When] there was a need to appoint [a new judge], they appointed from the first [row]. One from the second [row] comes to the first, and one from the third [row] comes to the second, and they choose for them one more [student] from the community who is seated in the third [row]. He didn't sit in the place of the first [student], but rather he sits in the place seen for him.
  How do we press the witnesses in a capital case? We bring them in [to the court's chambers] and press them: "Perhaps what you say [isn't eyewitness testimony] is but your own assessment, or from rumors, or your witnessing an actual witness testify, or your reporting what a trustworthy said. Or perhaps you were unaware that by the end we'd interrogate you, with examination and inquiry. Know that capital cases are not like monetary ones. In monetary cases, [a false witness] can return the money and achieve atonement. But in capital cases, the blood of [the victim [and all his future offspring hang upon you until the end of time. For thus we find in regard to Cain, who killed his brother, "The bloods of your brother scream out!" (Genesis 4:10) - the verse does not say blood of your brother, but bloods of your brother, because it was his blood and also the blood of his future offspring [screaming out]! [Another explanation of the verse: for his blood was splattered over the trees and rocks  [there was more than one pool of blood]. [The judges' speech continues] "It was for this reason that man was first created as one person [Adam], to teach you that anyone who destroys a life  is considered by Scripture to have destroyed an entire world; and anyone who saves a life is as if he saved an entire world." And also, to promote peace among the creations, that no man would say to his friend, "My ancestors are greater than yours." And also, so that heretics will not say, "there are many rulers up in Heaven." And also, to express the grandeur of The Holy One [blessed be He]: For a man strikes many coins from the same die, and all the coins are alike. But the King, the King of Kings, The Holy One [blessed be He] strikes every man from the die of the First Man, and yet no man is quite like his friend. Therefore, every person must say, “For my sake ‎the world was created.”‎ [The judges' speech continues:] "Maybe you [the witnesses] will now say, 'What do we need this, and all this anxiety for [let's not come forward even with true testimony]!' But Scripture has already spoken: "If he be a witness - having seen or known - if he does not express it, he shall bear his sin." (Lev. 5:1) Maybe you will now say, 'What do we need this, to be responsible for another man's death?' But Scripture has already spoken: "When the wicked are destroyed there is rejoicing." (Prov. 11:10)"
  
  
  
  They would examine [the witnesses] with seven inquiries: "In which week?", "In which year?", "In which month?", "On which day of the month?", "On which day [of the week]?", "At which hour?", and, "In which place?". Rabbi Yose says: "On which day?", "At which hour?", "In which place?", "Do you recognize him?", "Did you warn him?". For one who worships idols: Whom [i.e. which idol] did he worship?", "How did he worship it?".
  The more one examines [the witnesses], the more he is praiseworthy. Once, Ben Zakkai examined regarding the stalks of figs. What is the difference between inquiries and examinations? [If in response to] inquiries one [witness] says, "I do not know," their testimony is nullified. [If in response to] examinations one [witness] says, "I do not know," and even if two say, "We do not know," their testimony stands. Both [with respect to] inquiries and examinations, when [the two witnesses' responses] contradict one another, their testimony is nullified.
  [If] one [witness] says, "on the second of the month," and one says, "on the third of the month," their testimony stands, since one is aware of the intercalation of the month, and the other is unaware of the intercalation of the month. [If] one says, "on the third" and one says, "on the fifth," their testimony is nullified. [If] one says, "at the second hour," and one says, "at the third hour," their testimony stands. [If] one says, "at the third hour" and one says, "at the fifth hour," their testimony is nullified. Rabbi Yehudah says, it stands. One says, "at the fifth hour" and one says, "at the seventh hour," their testimony is nullified, since at the fifth [hour], the sun is in the east; whereas at the seventh [hour], the sun is in the west.
  After, they bring in the second [witness] and examine him. If it is found that their words are aligned, they open with [arguments for] acquittal. If one of the witnesses says, "I have something to say on acquittal," or one of the students says, "I have something to say on conviction," they silence him. If one of the students says, "I have something to say on acquittal," they raise him up and seat him among them; and he would not descend from there the whole day. If his words have substance, they listen to him. And even if [the accused] says, "I have something to say on my own acquittal," they listen to him, but only if his words have substance.
  If they found him innocent, they dismiss him. If not, they move his judgment to the next day. They would go together, pair by pair; and they would decrease [the amount of] food [they would eat]; and they would drink no wine all day; and they would deliberate all night; and on the morrow, early, they would rise and come to the court. The [judge arguing] to acquit says, "I [argued to] acquit and my [opinion remains] in place"; and the [judge arguing] to convict says, "I [argued to] convict and my [opinion remains] in place." One who has offered an argument to convict may [subsequently] offer an argument to acquit, but one who has offered an argument to acquit may not retract [and subsequently] offer an argument to convict. If they had erred, the two judicial scribes remind them. If they found him innocent, they dismiss him. If not, they stand to vote. [If] twelve acquit and eleven convict, he is acquitted. If twelve convict and eleven acquit; and even if eleven acquit, eleven convict, and one says, "I do not know"; or even if twenty-two acquit or convict and one says "I do not know," they add [more] judges. How many do they add? [They add judges] two at a time until there are seventy-one. [If] thirty-six acquit and thirty-five convict, he is acquitted. [If] thirty-six convict and thirty-five acquit, the judges argue one against another until one [judge] from those who voted to convict is convinced by the words of those who voted to acquit.