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Translation:Mishnah/Seder Nezikin/Tractate Sanhedrin/Chapter 4

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Mishnah,
translated from Hebrew by Wikisource
479233Mishnah, — Seder Nezikin, Tractate Sanhedrin
Chapter 4
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Mishnah 1

Both cases of money (non-capital) and cases of life (capital) have examination and inquiry, as it is written (Leviticus 24:22) "You shall have one justice." What is the difference between cases of money and cases of life: Cases of money [are tried] with three [judges], and cases of life, with twenty-three. Cases of money are opened either [with arguments] to acquit or to convict, and cases of life open [with arguments] to acquit but do not open [with arguments] to convict. Cases of money are decided by one either to acquit or to convict; cases of life are decided by one to acquit or by two to convict. Cases of money, [the verdict] can change between acquittal and conviction; cases of life can change to acquittal but cannot change to conviction. Cases of money, all can rule for acquittal or conviction; cases of life, all can rule for acquittal but all cannot rule for conviction. Cases of money, one who convicts can acquit and one who acquits can convict; in cases of life, one who convicts can acquit, but one who acquits cannot turn and convict. Cases of money can be tried in the day and can finish in the night; cases of life are tried in the day and must finish in the day. Cases of money finish on the same day for either acquittal or conviction; cases of life 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.


Mishnah 2

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.


Mishnah 3

The Sanhedrin 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 Yehuda 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.


Mishnah 4

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.


Mishnah 5

How to caution the witnesses in (cases concerning) life: They enter and are cautioned thus: "Maybe you heard a supposition, or hearsay, or by the mouth of another witness, or by the mouth of a man you trust, or maybe you don't know that you will be checked with examination and investigation. Know that cases of life are not like cases of money! Cases of money, a man gives money and atones through this. In cases of life, (he is responsible for) his blood and the blood of his offspring that would have come until the end of the world," like we see with Cain who murdered his brother, as it is written, "The bloods of your brother calls to me" (Genesis 4:10). It does not say the 'blood' of your brother but rather the 'bloods' of your brother, his blood and the blood of his offspring. Another explanation: The 'bloods' of your brother (refers to the idea that) his blood spilled on the trees and on the rocks. Therefore a single person is created to teach that if any causes a single life to be lost, it is on him as if he has lost a whole world, and if anyone saves a single life, it is on him as if he saved a whole world. It is because of the peace of creation that no man shall say to his fellow "my father is greater than your father" and no heretical groups shall say "many rule in heaven." To tell of the greatness of the Holy One, Blessed be He, that man stamps many coins with one seal, and each is like the other, but the King, King of Kings, the Holy One, Blessed be He, stamps every man with the seal of Adam and not one of them is like his fellow. Therefore every man must say "for my sake was the world created." Maybe you [the witness being cautioned] will say: "What is this trouble for us?" On this it is said, "And he witnessed or saw or knew, if didn't say anything, he bears the sin" (Leviticus 5:1). Or maybe you will say "Why is his blood-guilt on us?" On this it is said, "There is rejoicing when the wicked perish" (Proverbs 11:10).