Translation:Talmud/Seder Nezikin/Tractate Sanhedrin/2a

Mishnah

MONETARY CASES [MUST BE ADJUDICATED] BY THREE JUDGES; CASES OF LARCENY AND MAYHEM,1 BY THREE; CLAIMS FOR FULL OR HALF DAMAGES,2 THE REPAYMENT OF THE DOUBLE3 OR FOUR- OR FIVE-FOLD RESTITUTION [OF STOLEN GOODS],4 BY THREE, AS MUST CASES OF RAPE5 SEDUCTION6 AND LIBEL7 ; SO SAYS R. MEIR. BUT THE SAGES8 HOLD THAT A CASE OF LIBEL REQUIRES A COURT OF TWENTY-THREE SINCE IT MAY INVOLVE A CAPITAL CHARGE.9 CASES INVOLVING FLOGGING,10 BY THREE; IN THE NAME OF R. ISHMAEL IT IS SAID, BY TWENTY-THREE. THE INTERCALATION OF THE MONTH IS EFFECTED BY A COURT OF THREE;11 THE INTERCALATION OF THE YEAR,12 BY THREE: SO R. MEIR. BUT R. SIMEON B. GAMALIEL SAYS THE MATTER IS INITIATED BY THREE, DISCUSSED BY FIVE AND DETERMINED BY SEVEN. IF HOWEVER, IT BE DETERMINED ONLY BY THREE, THE INTERCALATION HOLDS GOOD. THE LAYING OF THE ELDERS’ HANDS [ON THE HEAD OF A COMMUNAL SACRIFICE]13 AND THE BREAKING OF THE HEIFER'S NECK14 REQUIRE THE PRESENCE OF THREE: SO SAYS R. SIMEON. ACCORDING TO R. JUDAH, FIVE. THE PERFORMANCE OF HALIZAH,15 AND THE DECISION AS TO MI'UN16 IS MADE BY THREE. THE FOURTH YEAR FRUIT17 AND THE SECOND TITHE18 OF UNKNOWN VALUE ARE ASSESSED BY THREE. THE ASSESSMENT OF CONSECRATED OBJECTS FOR REDEMPTION PURPOSES IS MADE BY THREE; VALUATIONS OF MOVABLE PROPERTY19 BY THREE. ACCORDING TO R. JUDAH ONE OF THEM MUST BE A KOHEN;20 IN THE CASE OF REAL ESTATE, BY TEN INCLUDING A KOHEN, IN THE CASE OF A PERSON, BY THE SAME NUMBER. CAPITAL CASES ARE ADJUDICATED BY TWENTY-THREE. THE PERSON OR BEAST CHARGED WITH UNNATURAL INTERCOURSE, BY TWENTY-THREE, AS IT is WRITTEN, THOU SHALT KILL THE WOMAN AND THE BEAST,21 AND ALSO, AND YE SHALL SLAY THE BEAST.22 THE OX TO BE STONED23 IS TRIED BY TWENTY-THREE, AS IT IS WRITTEN, THE OX SHALL BE STONED AND ITS OWNER SHALL BE PUT TO DEATH24 — AS THE DEATH OF THE OWNER, SO THAT OF THE OX, CAN BE DECIDED ONLY BY TWENTY-THREE. THE DEATH SENTENCE ON THE WOLF OR THE LION OR THE BEAR OR THE LEOPARD OR THE HYENA OR THE SERPENT25 is TO BE PASSED BY TWENTY-THREE. R. ELIEZER SAYS: WHOEVER IS FIRST TO KILL THEM [WITHOUT TRIAL], ACQUIRES MERIT, R. AKIBA, HOWEVER, HOLDS THAT THEIR DEATH IS TO BE DECIDED BY TWENTY-THREE. A TRIBE,26 A FALSE PROPHET27 AND A HIGH PRIEST CAN ONLY BE TRIED BY A COURT OF SEVENTY-ONE. WAR OF FREE CHOICE27 CAN BE WAGED ONLY BY THE AUTHORITY OF A COURT OF SEVENTY-ONE. NO ADDITION TO THE CITY OF JERUSALEM OR THE TEMPLE COURT-YARDS CAN BE SANCTIONED SAVE BY A COURT OF SEVENTY-ONE. SMALL SANHEDRINS FOR THE TRIBES CAN BE INSTITUTED ONLY BY A COURT OF SEVENTY-ONE. NO CITY CAN BE DECLARED CONDEMNED28 SAVE BY A DECREE OF A COURT OF SEVENTY-ONE. A FRONTIER TOWN CANNOT BE CONDEMNED NOR THREE CITIES AT A TIME,29 BUT ONLY ONE OR TWO. THE GREAT SANHEDRIN CONSISTED OF SEVENTY-ONE MEMBERS; THE SMALL SANHEDRIN OF TWENTY-THREE. WHENCE DO WE DEDUCE THAT THE GREAT SANHEDRIN IS OF SEVENTY-ONE? — IT IS SAID, GATHER UNTO ME SEVENTY MEN;30 WITH MOSES AT THEIR HEAD WE HAVE SEVENTY-ONE. R. JUDAH SAID IT CONSISTED ONLY OF SEVENTY. WHENCE DO WE KNOW THAT THE SMALL SANHEDRIN IS OF ONLY TWENTY-THREE? — IT IS SAID, AND THE ‘EDAH31 SHALL JUDGE... AND THE ‘EDAH SHALL DELIVER.32 ONE ‘EDAH JUDGES, [I.E. CONDEMNS] AND THE OTHER MAY DELIVER [I.E. ACQUIT], HENCE WE HAVE TWENTY. BUT HOW DO WE KNOW THAT A CONGREGATION CONSISTS OF NOT LESS THAN TEN? — IT IS WRITTEN, HOW LONG SHALL I BEAR WITH THIS EVIL ‘EDAH?33 EXCLUDING JOSHUA AND CALEB, WE HAVE TEN. AND WHENCE DO WE DERIVE THE ADDITIONAL THREE? — BY THE IMPLICATIONS OF THE TEXT, THOU SHALT NOT FOLLOW A MAJORITY FOR EVIL,34 I INFER THAT I MAY FOLLOW THEM FOR GOOD;35 IF SO, WHY IS IT SAID, TO INCLINE AFTER THE MAJORITY36 ? TO TEACH THAT THE MAJORITY TO ‘INCLINE AFTER’ FOR GOOD [I.E. FOR A FAVOURABLE DECISION] IS NOT THE ONE TO ‘INCLINE AFTER’ FOR EVIL [I.E. FOR AN ADVERSE DECISION] SINCE FOR GOOD, A MAJORITY OF ONE SUFFICES; WHEREAS FOR EVIL, A MAJORITY OF TWO IS REQUIRED.