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Week 112 - Wednesday - 16 January 2002

SANHEDRIN: CHAPTER 4: MISHNAH 4

Three rows of scholars sit before them, each one knows his place. If they needed to appoint - they appointed from the first, one from the second then comes to the first, and one from the third comes to the second, and they choose for themselves another from the assembly and sit him in the third. And he would not sit in the place of the first, but rather sit in the place proper for him.

Kehati

This continuation of the preceding mishnah discusses the Small Sanhedrin.

Three rows of scholars sit before them - the Small Sanhedrin, and each row had the same number of members as that of the Sanhedrin, twenty-three scholars, for on occasion it is necessary to add judges, e.g., if a majority of one found the defendant guilty, whereas a majority of two is required for a guilty verdict (see 4:1); it will be taught below, "Until how many may they add? Two, two, until seventy-one" (5:5); it follows from this that forty-eight scholars must be ready before them, in order to attain the number of seventy-one. We may not, however, make a row of scholars that will contain more people than that of the judges; it therefore is not possible to seat the forty-eight scholars before the Sanhedrin in two rows, for each row would contain twenty-four; similarly, it is not permitted to make small rows, and not two rows of twenty-three and one row of two; therefore they seat three rows of twenty-three each (Rashi), and these also sit in a semicircle, each one knows his place - for they determine the place of each one, according to his wisdom.

If they needed to appoint - a new judge who would join the Sanhedrin, e.g., if one of the judges died, they appointed from the first - row, which consisted of the foremost scholars, and they appoint the leading scholar in this row, who sits at its head, and they all move from their places, going up one position, the first - one from the second - row - then comes to - the end of - the first - row, and - the first - one from the third - row - comes to - the end of - the second - row, and they choose for themselves another - scholar - from the assembly, and sit him in the third - row. And he - the one who was chosen from among the assembly, would not sit in the place of the first, but rather sit in the place proper for him - at the end of the third row, and similarly, whoever moves from row to row sits only at the end of the row to which he has moved, as we have explained, and all the members of the row move forward, and fill the position of the person before them.

SANHEDRIN: CHAPTER 4: MISHNAH 5

How do they exhort witnesses testifying in capital cases? They brought them in and admonished them: Perhaps you will speak from supposition, and from hearsay, evidence from the mouth of a witness, or "We heard it from the mouth of a trustworthy person"; or, perhaps you do not know that afterwards we will test you by inquiry and examination. Know that capital cases are not as monetary suits: monetary suits - a person may give his property and effect atonement; capital cases - his blood and the blood of his offspring depend on him until the end of the world, for we find concerning Cain who killed his brother, it is written, "the bloods of your brother cry" (Gen. 4:10); it does not say, "your brother's blood" but "bloods" - his blood and the blood of his offspring. Another interpretation of "brother's bloods" - his blood was dashed on the trees and on the stones. Therefore man was created singly, to teach you that whoever destroys a single soul of Israel, Scripture accounts it as if he had destroyed a full world; and whoever saves one soul of Israel, Scripture accounts it as if he had saved a full world. And for the sake of peace among men, that one should not say to his fellow, "My father is greater than yours;" and that heretics should not say, "There are many powers in Heaven." Again, to declare the greatness of the Holy One, blessed be He, for man stamps out many coins with one die, and they are all alike, but the King, the King of kings, the Holy One, blessed be He, stamped each man with the seal of Adam, and not one of them is like his fellow. Therefore each and every one is obliged to say, "For my sake the world was created." And lest you say, "What do we need with this trouble?" Has it not already been said, "He being a witness, whether he has seen or known, if he does not utter it..." (Lev. 5:1). And should you say, "What need is there for us to be responsible for the blood of this one?" Surely it is said, "And when the wicked perish, there is joy" (Prov, 11:10).

Kehati

How do they exhort witnesses testifying in capital cases - the witnesses who come to the Court to testify about a person who committed a transgression punishable by the Court-imposed death penalty, so that they will not give false testimony? They brought them in - to the Court - and admonished them - with the following words: "Perhaps you will speak - your testimony, from supposition - and conjecture only, and - or you heard these things - from hearsay - from someone, or - evidence - you heard - from the mouth of a witness" - who testified before another Court, or - you think, "We heard it from the mouth of a trustworthy person" - and we rely upon him that he will not lie; if this is so, your testimony counts for nothing. Perhaps - when you come to testify - you do not know that afterwards we will test you by inquiry and examination - and you must be careful in your words. Know that capital cases are not as monetary suits: monetary suits - a person - who gave false testimony, on the basis of which a litigant lost money, he - may give his property and effect atonement - the witness may repent and recompense the victim but in capital cases - if, as a result of his false testimony, a defendant was put to death, his - the person's who was put to death blood and the blood of his offspring - his children and their children, depend on him - the false witness, until the end of the world - until the end of all the generations, for we find concerning Cain, who killed his brother, it is written, "the bloods of your brother cry"; it does not say, "your brother's blood but bloods - in the plural, meaning - his blood and the blood of his offspring.

Here the mishnah interrupts the admonishment of the witnesses in a capital case and brings another interpretation of the verse: Another interpretation: "bloods," for his blood was dashed on the trees and on the stones - Cain did not know what to use to murder Abel, and he struck him first with trees, and afterwards with stones (Tiferet Yisrae1).

The mishnah now returns to the admonishment that the Court made to them: Therefore man - i.e., Adam, was created singly, to teach you that whoever destroys a single soul of Israel, Scripture accounts it as if he had destroyed a full world; and whoever saves one soul of Israel, Scripture accounts it as if he had saved a full world - for the entire world was populated from one man (Rashi).

Once again the mishnah interrupts the admonishment, and brings additional reasons for man having been created singly: And for the sake of peace among men, that one should not say to his fellow, "My father is greater than yours" - for everyone is the descendant of Adam; and that heretics should not say, "There are many powers - gods, in Heaven" - and each one created his human. Again - another reason why man was created singly: to declare - to show to future generations the greatness of the Holy One, blessed be He - the Creator, for man stamps out many coins with one die, and they - the coins, are all alike; but the King, the King of kings, the Holy One, blessed be He, stamped each man with the seal of Adam, and not one of them is like his fellow - for the countenance of each person is different.

Therefore each and every one is obliged to say, "For my sake the world was created" - and I must take care not to sin, that I lose not my world. The mishnah returns to the admonishment: And lest you say, "What do we need with this trouble" - since this matter is so serious, why should we testify, even if it is true, and bring upon ourselves trouble and worry?

Has it not already been said, "he being a witness, whether he has seen or known, if he does not utter it - then he shall bear his iniquity" - it follows from this that you are obliged to testify what you saw. And should you say, "What need is there for us to - why should we - be responsible for the blood of this one?" - it would be preferable to transgress the commandment of" if he does not utter it," than to cause the death of a person, even if he is guilty.

Surely it is said, "And when the wicked perish, there is joy" - if he is wicked, there is no question of punishment, but rather of reward for the witnesses. This is how the Court exhorts the witnesses in capital cases: on the one hand, that they must not give false testimony, and on the other hand, that if their testimony is true, they should not fear or be deterred from delivering their testimony (see Rambam, Hil. Sanhedrin 12:3, who implies that even the sentence beginning with "and to relate the greatness of the Holy One, blessed be He" is part of the admonishment).

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