Translation:Mishnah/Seder Nezikin/Tractate Sanhedrin/Chapter 1
- Monetary judgments, [are judged] by three.
- Theft and personal injury, by three.
- Damages and half-damages, [crimes with the penalty of] double payments, or quadruple or quintuple payments,
- rape, seduction, and the defamer [on account of premarital relations], with three —
- these are the words of Rabbi Meir.
- And the sages say: defamation, with twenty-three; because it has in it [aspects of] capital judgements.
(Cases concerning) lashings, (are to be judged) with three (judges). (However,) Rabbi Ishmael says, with 23. Intercalating the month with three; intercalating the year, with three, these are the words of Rabbi Meir. Rabbi Shimon ben Gamliel says, begin with three, go and give with five, and finish with seven, but if you finish with three, it's still valid.
The laying of the hands by the elders, and the breaking of the neck of the heifer (should be judged) with three (judges), such are the words of Rabbi Meir. Rabbi Yehuda says, with five. Levirate nullification and nullification of youth betrothal, with three. Dedication (for the Temple), with three. Fourth year produce or the second tithe with unknown value, with three. Payment for a vow with movable property, with three. Rabbi Yehuda says: one must be a priest. With immovable property, nine and a priest. With a man, we take it from this.
Capital cases (are to be judged) with 23 (judges). Bestiality and buggery, with 23, as it is written (Leviticus 20:16) "kill the woman and the beast" and it is written (20:15) "and the beast, kill it." An ox to be stoned, with 23, as it is written (Exodus 21:29) "the ox shall be stoned and also its owner killed," like the death of the owner is the death of the ox. The lion, the bear, the tiger, the panther, and the snake, kill them with 23. Rabbi Eliezar says: [if] anyone kills the animal (without waiting), this is correct. Rabbi Akiva says: kill them with 23.
There is no judgment for a tribe, or a false prophet, or a high priest, except by a court of 71. (The nation) cannot send [declare] to a war of free choice, except by a court of 71. Cannot add [annex] to a city or region, except by a court of 71. Cannot make a Sanhedrin for tribes except by a court of 71. Cannot proclaim a city of idolatry, except by a court of 71, and there cannot be a city of idolatry on the border, and there cannot be three cities of idolatry, only one or two.
Great courts are of 71 and small are of 23. From where do we learn that great are of 71? It is written (Numbers 11:16) "gather for you 70 men from the elders of Israel." And Moses on their backs, behold, this is 71. Rabbi Yehuda says: 70. And from where do we learn that small are of 23? It is written (35:24-25) "the assembly shall decide ... the assembly shall protect." The assembly decides and the assembly protects - behold this is twenty. From where do we learn that the assembly is ten? It is written (Numbers 14:27) "until when, the wicked assembly." This excludes Joshua and Caleb. And from where do we bring the other three? We learn this, as it is written (Exodus 23:2) "don't side with the majority to do evil". Should I learn to side with them to do good? If so, why is it written (ibid) "Following the majority [do not] distort" - this is not acquittal [distortion for good], but (rather) conviction [distortion for bad]. Acquittal is by one, conviction by two. There cannot be an even court, add to it one more - behold this is 23. And how many are in a city before they have a Sanhedrin? 120. Rabbi Nehemiah says, 230, so that (they are) rulers of ten.