You shall place judges and policemen in all your gates, which the Lord your God gives you for your tribes, and they shall judge the people with just judgment.

We are only obliged to appoint courts in every region and in every city in the Land of Israel. In the diaspora, by contrast, we are not obliged to appoint courts in every region. This is derived from the continuation of the above verse: "You shall place judges and policemen in all your gates, which the Lord your God gives you for your tribes."

When there are fewer than 120 adult males in a city, we appoint a court of three judges. For a court should never be fewer than three. In that way, there will be a majority and a minority if there is a difference of opinion in any particular judgment.

Cases of property by three.

Robbery or personal injury, by three.

Full damages or half-damages, twofold restitution, or fourfold or fivefold restitution, the rapist, the seducer and someone who defames by three, according to Rabbi Meir.

The Sages say: “Someone who defames by twenty-three, for there may arise from it a capital case.

Monetary cases undoubtedly include thefts and injuries. However, all monetary cases other than thefts and injuries may be judged by three judges who are not experts, or by a single judge if he is "an expert recognized by the public" — meaning that his wisdom and standing in Torah are well known among the masses, just as the sages who examined him and accepted his rulings know it. But thefts and injuries may only be judged by three experts. For this reason the Mishnah split the clause, rather than saying "monetary cases, thefts, and injuries by three" as a single statement.

And know that a court is not called "expert," so as to be qualified to judge thefts and injuries, unless it received ordination in the Land of Israel from a court there in the Land of Israel.

Beating, by three

Intercalation of the month by three. Intercalation of the year by three, according to Rabbi Meir.

Rabban Shimon ben Gamaliel says: “They begin with three, discuss with five, and decide with seven.

And if decided with three, it is intercalated.”

The laying on of the elders’ hands and the breaking of the heifer’s neck by three, according to Rabbi Shimon.

Rabbi Judah says: “By five.”

Halitzah and “refusal” by three.

The fruit of fourth year plantings and Second Tithes whose value is not known by three. Dedications to the Temple by three.

Valuations [and] movable property, by three.

Rabbi Judah says: “And one of them must be a priest.” Land by nine and a priest. And a human.

and he laid his hands upon him, and gave him a charge, as the Lord commanded by the hand of Moshe.

(13) If it is the whole community of Israel that has erred and the matter escapes the notice of the congregation, so that they do any of the things that by GOD’s commandments ought not to be done, and they realize their guilt— (14) when the sin through which they incurred guilt becomes known, the congregation shall offer a bull of the herd as a purgation offering, and bring it before the Tent of Meeting.

(15) And the elders of the congregation shall lay their hands on the head of the bullock before the Lord: and the bullock shall be killed before the Lord.

...

Capital cases by twenty three.

Someone who has sex with an animal, and the animal, by twenty three, as it says, “You shall kill the woman and the beast” (Lev. 20:16) and it says, “You shall execute the beast” (Lev. 20:15).

An ox that is stoned by twenty three, as it says, “The ox shall be stoned and also its owner shall die.” (Exodus 21:29) - the death of the ox is like the death of the owner.

The wolf, the lion, the bear, the leopard, the panther, or serpent - their death by twenty three. Rabbi Eliezer says: “Anyone who kills them before they come to court merits.” But Rabbi Akiva says: “Their death by twenty three.

And if a man lie with a beast, he shall surely be put to death: and you shall slay the beast. And if a woman approach any beast, to have sex with it, you shalt kill the woman, and the beast: they shall surely be put to death; their is upon them.

A tribe, a false prophet, or a high priest can only be tried by a court of seventy-one.

A discretionary war can only be started by a court of seventy-one.

The city and the courts can only be expanded by a the court of seventy-one.

A sanhedrin for the tribes can only be established by a the court of seventy-one.

An apostate city can only be declared by a court of seventy-one.

No city on the frontier may be declared an apostate city, nor three together, but only one or two.

But the prophet, who shall presume to speak a word in my name, which I have not commanded him to speak, or that shall speak in the name of other gods, that prophet shall die.

(13) If you hear it said, of one of the towns that the Lord your God is giving you to dwell in, (14) that some scoundrels from among you have gone and subverted the inhabitants of their town, saying, “Come let us worship other gods”—whom you have not experienced— (15) you shall investigate and inquire and interrogate thoroughly. If it is true, the fact is established—that abhorrent thing was perpetrated in your midst— (16) you shalt surely smite the inhabitants of that city with the edge of the sword, destroying it utterly, and all that is in it, and its cattle with the edge of the sword.

The great Sanhedrin was made up of 71 and the small one of 23.

From where do we learn that the great one is of 71? As it says, “Gather to me 70 men of the elders of Israel” (Num. 11:16), and when Moses is added into them there are 71.

Rabbi Judah says: “70.”

And from where do we learn that the small one is of 23? As it says, “The assembly shall judge”, “The assembly shall save” (Numbers 35:24-25), an assembly that judges and an assembly that saves, thus we have twenty.

And from where do we know that an assembly has ten? As it says, “How long shall I bear this evil assembly?” (Num. 14:27) but Joshua and Caleb were not included.

And from where do we learn that we should bring three more? Learning from what it says, “You shall not follow after a majority to do evil” (Exodus 23:2), I conclude that I must be with them to do well.

Why does it say, “To follow after the many to change judgment” (ibid)?

Your good verdict should not be like your bad verdict.

Your good verdict [of acquittal] by one, and your bad verdict by two. The court must not be divisible equally, therefore they add to them one more; thus they are twenty three.

And how many should there be in a city that it may be fit to have a Sanhedrin? A hundred and twenty.

Rabbi Nehemiah says: “Two hundred and thirty, for chiefs of ten.

You shalt not follow after a majority to do evil; neither shalt you speak in a cause to follow the many to change judgement:

And he that is the high priest among his brethren, upon whose head the anointing oil was poured, and that is consecrated to put on the garments, shall not suffer the hair of his head to grow long, nor rend his clothes;

Neither shall he go in to any dead body, nor defile himself for his father or for his mother;

And from the sanctuary he shall not depart, nor profane the sanctuary of his God; for the crown of the anointing oil of his God is upon him: I am the Lord.

And he shall take a wife in her virginity. A widow, or a divorced woman, or a profaned, or a harlot, these shall he not take: but he shall take a virgin of his own people to wife.

Neither shall he profane his seed among his people: for I the Lord do sanctify him.

The High Priest can judge and be judged; he can testify and others can testify against him. He can perform halitzah and others can perform halitzah for his wife [widow] or carry out yibbum with his wife [widow], but he cannot carry out yibbum since he is forbidden to a widow.

If his dead person dies he does not go out after the bier, rather, when they are covered he is visible and when they are visible he is covered, and he goes out with them as far as the city gate, according to Rabbi Meir.

Rabbi Judah says, “He may not leave the Temple, as it says, “And from the sanctuary he shall not depart”.

And when he comforts other mourners the custom is for all of the people to pass by, one after the other, while the deputy stands between him and the people.

And when he receives comfort from others, all the people say to him, “Let us be your atonement”, and he says to them, “May you be blessed by Heaven.”

And when they feed him [the meal after the burial] all the people sit around on the ground and he sits on a stool.

The king neither judges nor is judged, he does not testify and others cannot testify against him.

He does not perform halitzah, nor may others perform halitzah for his wife. He may not carry out yibbum nor may his brothers carry out yibbum with his wife.

Rabbi Judah says: “If he wished to perform halitzah or to carry out yibbum his memory is a blessing.”

They said to him: “They should not listen to him.”

None may marry his widow.

Rabbi Judah says: “The king may marry the widow of a king, for so have we found it with David, who married the widow of Saul, as it says, “And I gave you your master’s house and your master’s wives into your bosom.” (II Samuel 12:8).

This applies only to the kings of Israel because they were lawbreakers in the way they ruled — they did not value humility, and did not submit themselves to the words of Torah.

But the kings of the House of David both judge and are judged, because they know the Torah, and humility and submission to the words of Torah were not distasteful to them, since their kingship rests upon the Torah — their humility does not diminish it.

Scripture says of the House of David, "Thus says the Lord: Render justice each morning" [Jeremiah 21:12]. And David, peace be upon him, was himself included in the Great Sanhedrin.

But what is the reason that kings of Israel are not?

Because of an incident that happened, when the slave of Yannai the king killed someone.

Shimon ben Shetaḥ said to the Sages: Put your eyes on him and let us judge him.

They sent to him: Your slave killed someone. He sent him to them.

They sent to him: You also come here, “Evidence was given against his owner” (Exodus 21:29). The Torah stated that the owner of the ox should come and stand over his ox.

He came and sat down. Shimon ben Shetaḥ said to him: Yannai the king, stand on your feet and they will testify against you. And it is not before us that you are standing, but before the One Who spoke and the world came into being that you are standing, as it is stated: “Then both the people, between whom the controversy is, shall stand [before the Lord]” (Deuteronomy 19:17).

He said to him: not when you say, but according to what your colleagues say.

He turned to his right. They looked down at the ground. He turned to his left. They looked down at the ground. Shimon ben Shetaḥ said to them: You are masters of thoughts. May the Master of thoughts come and serve judgment on you.

Immediately Gabriel came and struck them to the ground, and they died.

At that time they said, "The king does not judge nor is he judged; he does not testify and others do not testify against him".

And the halakha follows Rabbi Yehudah in what he said - he may marry the widow of a king.

But regarding halitzah and yibbum, he is not listened to, because that would be a disgrace to him - she spitting in his face. And since there is no halitzah there, there is no yibbum for him either.

And from this principle: a king who sets aside his own honor - his honor is not set aside. Therefore he is not listened to.

The king must be treated with great honor. We must implant awe and fear of him in the hearts of all men, as it is said, 'Appoint a king' (Deuteronomy 17:15:) that you should be in

awe of him.

If his dead person dies he does not go out of the door of his palace.

Rabbi Judah says: “If he wishes to follow the bier he may, since we have found that David followed the bier of Avner, as it says, “And King David followed the bier” (II Samuel 3:31).

They answered, “That was only to appease the people”.

And when they feed him [the meal after the burial] all the people sit on the floor and he sits on a couch.

None may ride his horse and none may sit on his throne and none may make use of his scepter. No one may see him naked or [except] when his hair is being cut or when he is in the bath house, for it says, “You shall set a king upon yourself” (Deut. 17:15) that his awe should be over you.

You shall set a king over yourself

Moreover, he shall not keep many horses or send people back to Egypt to add to his horses, since GOD has warned you, “You must not go back that way again.”

And he shall not have many wives, lest his heart go astray; nor shall he amass much silver and gold.

When he is seated on his royal throne, he shall write for himself a copy of this Torah on a scroll in the presence of t the priests.

It shall be with him and he will read in it all the days of his life, so that he may learn to fear the Lord his God, to keep the words of this Torah and the laws to do them.

And he sends out to a milhemet reshut - a discretionary war - on the decision of the court of seventy one. And he may break through to make himself a road and none may rebuke him: the king’s road has no limit.

Whatsoever the people take in plunder they place before him, and he takes a portion first.

“And he shall not have many wives” (Deut. 17:17) eighteen only. Rabbi Judah says: “He may take many wives provided they don’t turn his heart away.

Rabbi Shimon says: “Even just one that might turn his heart away, he should not marry. Why then does it say, “He shall not have many wives”? Even if they are like Avigayil.

“He shall not keep many horses” (Deut. 17:16) enough for his chariot only.

“And he shall not amass much silver and gold” (Deut. 17:17) enough to pay his soldier’s wages.

He must write a Torah scroll for himself; when he goes forth to battle he shall take it with him, and when he returns he shall bring it back with him; when he sits in judgement it shall be with him, and when he sits to eat it shall be with him, as it says, “Let it remain with him and let him read it all his life” (Deut. 17:19)

He shall write two complete Torah scrolls.

One will always be with him and will never leave him as is said here and the second will be put in his library

And the halakha is not like Rabbi Yehuda and not like Rabbi Shimon.

Money cases by three.

This one chooses one and that one chooses one and the two of them choose one more, according to Rabbi Meir.

But the Sages say: “The two judges choose the other one.”

This one can invalidate that one’s judge, and that one can invalidate this one’s judge, according to Rabbi Meir.

But the Sages say: “When? When they bring proof about them that they are related or invalid; but if they are kosher [fit?] or experts on the word of the cour, he cannot invalidate them.

This one can invalidate that one’s witnesses and that one can invalidate this one’s witnesses, according to Rabbi Meir.

But the Sages say: “When? When they bring proof against them that they are related or invalid; but if they are kosher, he cannot invalidate them.

He said to him, “I accept my father as trustworthy”, or “I accept your father as trustworthy”, or “I accept three herdsman as trustworthy”, Rabbi Meir says, “He may retract.”

But the Sages say, “He cannot retract.”

He was obliged to take an oath before his fellow, and his fellow said to him, “Vow to me by the life of your head”, Rabbi Meir says, “He may retract.”

But the Sages say, “He cannot retract.”

And these are the ones who are disqualified: a dice player, a someone who lends at interest, pigeon racers, and traders in Seventh Year produce.

Rabbi Shimon said: “Originally they called them ‘gatherers’ of Seventh Year produce, after the oppressors became numerous they changed and called them ‘traders’ of Seventh Year produce.”

Rabbi Judah said: “When does this apply? When they have no other trade. But if they have some trade other than that, they kosher.”

And these are the relatives: [his father], his brother, his father’s brother, his mother’s brother, his sister’s husband, his aunt’s husband on either side, his mother’s husband, his father-in-law, his brother-in-law [wife's sister's husband]. Them and their sons and their sons-in-law. Also his step-son, on his own.

Rabbi Yose said, “Such was the mishnah of Rabbi Akiva, but the first mishnah taught: ‘his uncle, or his uncle’s son, and all that are qualified to inherit from him and all that were relatives at the time. Relatives that have become not relatives are kosher.”

Rabbi Judah says: “If a man’s daughter died and left children, this [the husband] is still a relative.”

After he is sold he shall be redeemed, a brother shall do the redeeming, or an uncle or an uncle’s son shall do the redeeming—anyone in the family who is of the same flesh shall do the redeeming; or, having prospered, he may do be redeemed.

A friend or an enemy [is disqualified]. “A friend”: this is one’s groomsman. “An enemy”: anyone whom he has not spoken to in three days because of anger. They replied: “Israelites are not suspected of such.”

How do they examine the witnesses? They bring them [him] in and awe them, and then they send them out, leaving the most important of them.

They say to him: “Say how you know that this one is owes that one?”

If he said, “He said to me, ‘I owe him’, or ‘So-and-so said to me that he owed him’”, he has said nothing.

He must be able to say, “In our presence he admitted to the other that he owed him 200 zuz.”

They bring in the second and check him. If their words were found to align, they discuss the matter.

Two say, “Not liable” and one says, “Liable”, he is not liable.

Two say, “Liable” and one says,

“Innocent”, he is Liable.

If one says, “Not liable”, and one says, “Liable”, and even if two declared him “Not liable” or declared him “Liable” while one said, “I do not know”, they will add to the judges.

Natan bar Mar Zutra said to me we say to them, "False witnesses are despised by those who hire them, as it is written, “Set two men, base fellows, before him, and let them bear witness against him, saying: You cursed God and the king . . . then take him out and stone him to death.

They reached judgement and bring in the litigants.

The chief of the judges says: “You, so-and-so are not liable”, or “You, so-and-so are liable”.

From where do we know that after he has gone out he may not say, “I declared him not liable and my colleagues declared him liable, so what can I do since they outnumbered me?” About this it says, “He goes as a talebearer, reveals a secret” (Proverbs 11:13).

The reason for this is, first, so that they shouldn't favouritize one of the litigants and, second, so that the judges should have the love of the people and no one should know who declared innocent and who declared guilty...

So long as a litigant can produce proof he may overturn the verdict.

If they had said to him, “Bring all of the proofs that you have within thirty days” and he brought them within thirty days, the court may overturn the verdict. But if he brought any proof after thirty days, the court cannot reverse the verdict.

Rabban Shimon ben Gamaliel said: “What could he have done that

he did not find within thirty days but found it after thirty days?”

If they had said to him, “Bring witnesses” and he said, “I have no witnesses”, “Bring proof”, and he said, “I have no proof”, and after time he found proof or witnesses, then they are like nothing.

Rabban Shimon ben Gamaliel said: “What could he have done that he did not know that he had witnesses, then found witnesses, or that he did not know that he had proof, then found proof?

If they had said to him, “Bring witnesses” and he said, “I have no witnesses”, “Bring proof”, and he said, “I have no proof”, but when he saw that he was about to be found obligated, he said, “Come near, so-and-so and so-and-so and testify for me!”, or if he brought forth some proof from his wallet, then they are like nothing.

Money cases and capital cases are alike in examination and inquiry [of the witnesses], as it says, “Onne law shall you have, for the stranger and the citizen it shall be” (Lev. 24:22).

How do non-capital cases differ from capital cases? Non-capital cases [are decided] by three and capital cases by twenty three. Non-capital cases may begin either with reasons for acquittal or for conviction; capital cases begin with reasons for acquittal and do not begin with reasons for conviction. In non-capital cases they may reach a verdict of either acquittal or conviction by the decision of a majority of one; in capital cases they may reach an acquittal by the majority of one but a verdict of conviction only by the decision of a majority of two. In non-capital cases they may reverse a verdict either [from conviction] to acquittal or [from acquittal] to conviction; in capital cases they may reverse a verdict [from conviction] to acquittal but not [from acquittal] to conviction. In non-capital cases all may argue either in favor of conviction or of acquittal; in capital cases all may argue in favor of acquittal but not all may argue in favor of conviction. In non-capital cases he that had argued in favor of conviction may afterward argue in favor of acquittal, or he that had argued in favor of acquittal may afterward argue in favor of conviction; in capital cases he that had argued in favor of conviction may afterward argue in favor of acquittal but he that had argued in favor of acquittal cannot afterward argue in favor of conviction. In non-capital cases they hold the trial during the daytime and the verdict may be reached during the night; in capital cases they hold the trial during the daytime and the verdict also must be reached during the daytime. In non-capital cases the verdict, whether of acquittal or of conviction, may be reached the same day; in capital cases a verdict of acquittal may be reached on the same day, but a verdict of conviction not until the following day. Therefore trials may not be held on the eve of a Sabbath or on the eve of a Festival.

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?

With financial cases and purity/impurity they begin from the most senior, but in capital cases they begin from the side.

All are qualified for financial cases, but not all are qualified to judge capital cases, only priests, levites and Israelites that may marry into the priesthood.

A Sanhedrin of twenty-three was arranged in the same layout as half of a circular threshing floor, in order that all the judges will see one another and the witnesses. And two judges’ scribes stand before the court, one on the right and one on the left, and they write the statements of those who find the accused liable and the statements of those who acquit the accused. Rabbi Yehuda says: There were three scribes. One writes only the statements of those who acquit the accused, one writes only the statements of those who find him liable, and the third writes both the statements of those who acquit the accused and the statements of those who find him liable, so that if there is uncertainty concerning the precise wording that one of the scribes writes, it can be compared to the words of the third scribe.

And three rows of Torah scholars sit before the judges, and each and every one among those sitting recognizes his place, i.e., they are seated in accordance with their stature. When the court must ordain an additional judge, e.g., if a judge dies during the proceedings or in the case of a court without a decisive majority (see 40a), the court ordains the greatest Torah scholar from the first row. As a seat in the first row is now vacant, one Torah scholar from the second row comes to the first row, and one Torah scholar from the third row comes to the second row, and the court selects another Torah scholar from among the assembled and they seat him in the third row. And this Torah scholar who moves from the second row to the first row would not sit in the place of the first Torah scholar, who joined the court, rather, he would sit in the place appropriate for

him.

How did they warn the witnesses in capital cases?



They would bring them in and warn them:

‘Perhaps you might say something that is supposition or hearsay or that one witness heard from another witness, thinking “we heard this from a reliable person”.

Perhaps you don’t know that we are eventually going to check you with examination and enquiry.



You should know that capital cases are not like monetary cases. If there is an error in a monetary case a witness can give money and make amends. In a capital case he is responsible for his blood and the blood of his descendants until the end of time, as we found with Cain who killed his brother, “The bloods of your brother cry out to me from the earth.” The Torah doesn’t say the blood of your brother but the bloods: his blood and the blood of his descendants.



[Another interpretation is that his blood was cast over the trees and stones.]



This is why the mankind was created from the offspring of a single person, to teach you that anyone who destroys a single life incurs the guilt of destroying an entire world, and anyone who sustains a single life earns the merit of sustaining an entire world.



And for the sake of peace, so that no-one should be able to say, “My father was more important than your father”.


And so that the heretics should not say that there are multiple authorities in Heaven.



And to express the power of the Holy One. For if a man stamps a number of coins from the same press all of them will resemble one another. But the King of Kings stamps every single person with the imprint of the first man and not a single one is identical to another.
So every individual must think, “For my sake the world was created”.



Now, if you think, “This is too much trouble for us”, doesn’t the Torah say (Leviticus 5:1), “If he was a witness or saw or heard and didn’t speak then he bears his sin”? And if you think, “Why should we be guilty of the death of this man?”, isn’t it written (Proverbs, 11:10) “When the wicked perish there is rejoicing”?


They used to examine witnesses with seven inquiries.

In what week ? In what year? In what month? On what date in the month? On what day? In what hour? In what place?

Rabbi Yose says: On what day? In what hour? In what place?

Do you recognize him? Did you warn him?

If someone had committed idolatry, What did he worship and how did he worship it?

The more one examines the evidence the more one is deserving of praise.

Once upon a time, Ben Zakkai examined the stalks of figs.

What is the difference between inquiries and examinations?

With regards to inquiries, if one he says “I do not know”, or if two said "We do not know",their evidence becomes invalid.

But if to one of the examinations one answered, “I do not know”, or if two said, “We do not know”, their evidence remains valid.

Inquiries or examinations are alike: if they contradict each other their evidence becomes invalid.

HALAKHAH: “Anybody who adds inquiries,” etc. How did he pluck them? He plucked them with their stalks. How did he eat them? With their pits.

Examinations – even if all of them said that we do not know, the command of false/plotting witnesses shoul be upheld, since false witnesses is not dependent upon anything other than to say” “You wiere with us at that particular hour in a particular place.”

One says, “On the second of the month”, and the other says, “On the third”, their evidence stands, for one knew that the month was intercalated and the other did not know.

One says, “On the third” and the other says, “On the fifth”, their evidence is nullified.

One says, “At the second hour”, and the other says, “At the third”, their evidence stands.

One says, “At the third hour”, and the other says, “At the fifth”, their evidence is nullified.

Rabbi Judah says: “It stands. If one says, ‘At the fifth’ and one says ‘At the seventh’, their evidence is nullified, since at the fifth the sun is in the east and at the seventh it is in the west.”

They bring in the second witness and examine him. If their words were found to align they open with the case for acquittal.

If one of the witnesses said, “I have something to argue in favor of his condition” they silence him.

If one of the students said, “I have something to argue in favor of his acquittal”, they bring him up and seat him among them and he does not go down all day. If there is substance in his words they listen to him.

Even if he said, “I have something to argue in favor of his [my] acquittal”, they listen to him, provided that there is substance in his words.

"With the case for acquittal" – If you did not transgress, do not be fearful

"He does not go down all day" – Even if there is nothing substantive in his words. But if if there is substance in his words, he never goes down .

If they acquit him they discharge him, if not, they go on until the next day.

They form pairs, reduce food, and they drink no wine the whole day, and discuss the case throughout the night, and rise early the next morning and come to the beyt din.

He who is in favor of acquittal states, ‘I declare him innocent and I stand by my opinion.’

He who is in favor of conviction says: ‘I declare him guilty and stand by my opinion.’ Someone who argued for conviction may argue for acquittal, but someone who argued for acquittal may not argue for conviction and if they made a mistake, the two judges’ scribes remind them.

If they acquit him they discharge him; if not, they take a vote.

Twelve acquit and eleven condemn, he is acquitted.

Twelve condemn and eleven acquit, or even if twenty-two acquit or condemn and a single one says, ‘I do not know,’ they add to the judges.

Up to what number do they add? By twos up to seventy-one.

Thirty-six acquit and thirty-five condemn, they acquit.

If thirty-six condemn and thirty-five acquit, they debate against each together until one of those who condemn agrees with the view of those who acquitted.

If a Sanhedrin opens a capital case with all the judges saying that the defendant is guilty, he is acquitted until there are a few who argue for acquittal and they debate and the majority find him guilty and after then he is executed.

Rav Kahana says: In a Sanhedrin where all the judges saw fit to convict, they acquit him. The Gemara asks: What is the reason? Since it is learned that suspension of the trial overnight is to create an acquittal. And those will not agree it.

The son of the Israelite woman pronounced the Name and cursed, and they brought him to Moses—now his mother’s name was Shelomith daughter of Dibri of the tribe of Dan— and he was placed in custody, until the Lord's decision should be clear to them. And the Lord spoke to Moses, saying: Send the blasphemer out of the camp; and let all who heard lay their hands upon his head, and let the whole community stone him.

The trial is completed and he is brought out to be stoned. The place of stoning was outside of the court, as it is says, “Bring out him that has cursed” (Lev. 24:14).

Someone stood at the door of the court with a cloth in his hand, and a horse at a distance within sight of him.

If someone said, ‘I can make the case for acquittal’, he waves the cloth, and the horse runs and stops him.

And even if he says, ‘I can make the case for acquittal’, he is brought back, even four or five times, as long as, that there is substance in his words.

If then they find him innocent they discharge him and if not, he goes out to be stoned and the herald precedes him, "So and so, son of so and so, is going forth to be stoned because he committed such and such an offense, and so and so are his witnesses. Whoever knows anything in his favor, let him come and declare it.”

So and so are his witnesses – that he transgressed such-a-sin on a certain day at a particular time and in a certain place; perhaps there are those who would refute them as false witnesses.

The city and everything in it are to be under a herem for the Lord; only Rahab the prostitute is to be spared, and all who are with her in the house, because she hid the messengers we sent. But you must beware of that which is under a herem, or else you will be under a herem: if you take anything from that which is under a herem, you will cause the camp of Israel to be under a herem; you will bring calamity upon it. All the silver and gold and objects of copper and iron are holy to GOD; they must go into the treasury of the Lord.”

The Israelites, however, violated the herem: Achan son of Carmi son of Zabdi son of Zerah, of the tribe of Judah, took of that which was under the herem, and the Lord was incensed with the Israelites.

When he is about ten cubits away from the place of stoning, they say to him, "Confess", for such is the way of all who are executed, that they confess, for anyone who confesses has a portion in the world to come.

For so we find in the case of Achan, that Joshua said to him, “My son, pay honor to the Lord, the God of Israel, and make confession to him. Tell me what you have done, do not hold anything back from me.”

And Achan answered Joshua and said, “It is true, I have sinned against the Lord the God of Israel, and thus and thus I have done” (Josh. 7:19-20).

And how do we know that his confession made atonement for him? As it says, “And Joshua said, “What calamity have you brought upon us! The Lord will bring calamity upon you this day” (Josh. 7:35), today you are a calamity, but you are not to be a calamity in the next world.

And if he does not know how to confess, they say to him, “Say, may my death be an atonement for all my sins.”

Rabbi Judah said: “If he knows that he was wrongly-testified against he says, may my death be an atonement for all my sins but this.”

They said to him: “If so, everyone will speak likewise in order to clear themselves.”

When he is about four cubits distant from the place of stoning, he is stripped of his clothing.

A man is covered in front and a woman both in front and behind, according to Rabbi Judah.

And the Sages say: “A man is to be stoned naked but a woman is not to be stoned naked."

The man is covered below the navel. The reason he must be stoned naked is that he dies more quickly that way. The halakha does not follow Rabbi Yehudah.

The place of stoning was twice a man’s height. One of the witnesses pushed him by the hips, and he was overturned on his heart.

He was then turned on his hips. If he was dead, he went out; but if not, the second witness took a stone and put it on his chest.

If he was dead, he went out but if not, he was stoned by all Israel, for it is says: “The hand of the witnesses shall be first upon him to put him to death, and afterwards the hand of all the people” (Deut. 17:7).

All who are stoned are hanged, according to Rabbi Eliezer. But the sages say: “Only the blasphemer and the idolater are hanged.”

A man is hanged with his face towards the people, but a woman with her face towards the tree, according to Rabbi Eliezer.

But the sages say: a man is hanged, but a woman is not hanged.

Rabbi Eliezer said: “But did not Shimon ben Shetah hang women at Ashkelon?” They said: "He hanged eighty women, and two must not be tried on the same day".

How is he hanged? The post is sunk into the ground and the tree branching off and he encircles his hands one to the other and hangs him up.

R. Jose said: the post is leaned against the wall, and he hangs on it the way butchers do.

And we let him down immediately.

If he is left, we transgress a negative command, for it says, “You shall not let his corpse remain all night upon the tree, but you must surely bury him the same day because a curse against god is a hanged person” (Deut. 21:23).

As if to say why was he hanged? Because he cursed the Name; and so the name of Heaven is profaned.

If someone is guilty of a capital offense and is put to death, you hang him on a tree.

You must not let his corpse remain on the tree overnight, but must bury it the same day for a curse against god is a hanged person; and you shall not defile the land that the Lord your God is giving you as an inheritance.

R. Meir said: “When person suffers, what expression does she [the Shechina] say?

“He has stoned me from my head, he has stoned me from my arm.”

If the text says, "How distressed I am about the blood of the righteous", how much more so over the blood of the just that has been poured out.

And not only this but whoever lets their dead lie overnight transgresses a negative commandment.

If he kept him overnight for the sake of his honor, to procure for him a coffin or a shroud, he does not transgress.

And they did not bury them in their parents' tomb, but two burial places were prepared by the court, one for those who were decapitated or strangled, and the other for those who were stoned or burned.

David put his hand into the bag; he took out a stone and slung it. It struck the Philistine in the forehead; the stone sank into his forehead, and he fell face down on the ground.

When the flesh was decomposed, they would gather the bones and bury them in their proper place.

And the relatives came and greeted the judges and witnesses, as if to say, we have nothing against you, for you judged a true judgment.

And they didn't mourn, but just grieved, for grief is in the heart alone.

Four deaths have been entrusted to the court: stoning, burning, slaying [by the sword] and strangling.

R. Shimon says: “burning, stoning, strangling and slaying.”

This is the mitzvah of those who are stoned.

The reason for their dispute regarding the order of the four court-administered death penalties—as to which comes earlier or later—is because they precede in the text the more severe death penalty before the lighter death penalty. The Sages and Rabbi Shimon disagree regarding burning and stoning as to which of them is more severe, and likewise regarding strangulation and decapitation.

The practical impact for us in knowing which death penalty is more severe is that if someone is liable to two different death penalties, they are sentenced to the more severe one, according to everyone.

The mitzvah of those who are to be burned: they would sink him in manure up to his knees [arm-pits?], and place a coarse cloth inside a soft one and wrap it around his neck.

One pulls toward himself and the other pulls toward himself, until he opens his mouth. He then lights the wick and throws it into his mouth, and it goes down into his insides and burns his organs.

Rabbi Yehuda says, even so, if he died by their hands they would not have fulfilled in him the mitzvah of burning.

Rather, they open his mouth with tongs without his permission, and he lights the wick and throws it into his mouth, and it goes down into his insides and burns his organs.

Rabbi Elazar ben Rabbi Tzadok said: It once happened that a priest’s daughter committed adultery, and they surrounded her with bundles of twigs and burned her.

They said to him because the court at that time was not expert in the law.

From where do we derive it? From "burning" (Leviticus 21:9) and "burning" of the assembly of Korah (Numbers 17:4). Just as there, burning of the soul with the body remaining, so too here, the burning of the soul with the body remaining.

Rav Naḥman says that Rabba bar Avuh says, the verse states: “And you shall love your neighbor as yourself” (Leviticus 19:18), choose a beautiful death for him.

The court at that time was not expert in the law.

They were Sadducees; they only followed the literal meaning of the text, not the interpretation.

The mitzvah of those killed by the sword: they would cut off his head with a sword, as the government does.

R. Judah says: “This is a disgrace! Rather, one lays his head on a block and cut it off with an axe.

They said to him: “No death is more disgraceful than this.”

The mitzvah of strangulation: the condemned man was lowered into dung up to his armpits, then a hard cloth was placed within a soft one, wound round his neck, and the two ends pulled in opposite directions until he was dead.

Rebbi Yehuda agrees that there is no death uglier than this but the Torah said, in their statutes you shall not walk.”

The Gemara asks: But say that the executioner should cut him in half [gistera], down the middle of his body. The Gemara answers that Rav Naḥman says that Rabba bar Avuh says: The verse states: “And you shall love your neighbor as yourself”select a good,death for him.

And you already know that it is the witnesses who carry out the execution with their own hands, whichever type of death penalty it may be.

This is because the matter is truth to them, as they perceived it with their own senses, and to us it is a narrated account of things. We only know what we have heard from them.

Therefore, God commanded that the witnesses be assigned to the matter

and this is a beautiful concept.

And the halakha does not go acording to Rabbi Yehuda.

These are stoned: he who has sexual relations with his mother, with his father’s wife, with his daughter-in-law, with a male; with a beast; a woman who commits bestiality with a beast; a blasphemer; an idolater; one who gives of his seed to Molech; a necromancer or a wizard; one who desecrates the Sabbath; one who curses his father or mother; one who has sex with a betrothed woman; one who incites; one who seduces; a sorcerer; and the wayward and rebellious son.

He who has sex with his mother incurs a penalty in respect of her both as his mother and as his father’s wife.

R. Judah says: “He is liable in respect of her as his mother only.”

He who has sex with his father’s wife incurs a penalty in respect of her both as his father’s wife, and as a married woman, both during his father’s lifetime and after his death, whether from betrothal or from marriage.

He who has sex with his daughter-in-law incurs a penalty in respect of her both as his daughter-in-law and as a married woman, both during his son’s lifetime and after his death, whether from betrothal or from marriage.

He who has sex with a male or a beast, and a woman that commits bestiality: if the person has sinned, how has the animal sinned? But because the human was enticed to sin by the animal, therefore scripture ordered that it should be stoned.

Another reason is that the animal should not pass through the market, and people say, this is the animal on account of which so and so was stoned.

The blasphemer is punished only if he pronounces the name.

Rabbi Joshua b. Korcha said: “All through the day the witnesses are examined via a nickname, such as: ‘may Yose smite Yose.’”

When judgement is given, the accused would not be executed on the nickname, but they would send everyone outside, leaving the most important of them and say to him, ‘State what you heard literally.’ And he does so.

The judges then stand up and tear their garments, which are not to be mended.

And the second says: “I too have heard as he did”, and the third says: “I too like him.”

Some who worships idols - it's the same if he worships, sacrifices, offers incense, makes a libation, bows to it, accepts it as a god, or says to it, “You are my god.”

But someone who embraces it, kisses it, cleans or sprinkles the ground before it, washes it, anoints it, clothes it, or puts shoes on it, only transgresses a negative commandment.

Someone who vows in its name or affirms in its name, only transgresses a negative commandment.

Someone who defecates before Baal-Peor - this is how it is worshipped. Someone who throws a stone on Merculis - this is how it is worshipped.

Someone who gives of his seed to Molech is not guilty unless he delivers it to Molech and causes it to pass through the fire.

If he caused to pass through fire but did not give to Molech, he is not guilty until he delivers to Molech and causes it to pass through the fire.

A necromancer is the ventriloquist who speaks from his armpit.

The sorcereris one who speaks from his mouth.

Those are stoned and those who inquire of them transgress a formal prohibition.

Yet, everything you see regarding speaking and hearing in this context is a false auditory perception, based entirely on what he projects into his mind. This is similar to what happens to many people when they are in an empty space—

meaning, during times of isolation.