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Week 111 - Monday - 7 January 2002

SANHEDRIN: CHAPTER 1: MISHNAH 5

A tribe, a false prophet, and the High Priest are judged by a Court of seventy-one. A milhemet reshut (voluntary war) requires a Court of seventy-one. The city and the Courtyards are enlarged by a Court of seventy-one. A Court of seventy-one is required to appoint Sanhedrins for the tribes. An ir hanidahat is declared by a Court of seventy-one. They may not declare an ir hanidahat on the border, and not three, but one or two.

Kehati

This mishnah teaches which matters are to be decided or done by the Great Court of seventy-one.

A tribe - i.e., if an entire tribe, or the majority of a tribe, intentionally engaged in idolatry, it is judged only by the Great Court. For it is only the individual who engaged in idolatry whom "you shall bring forth unto your gates" (Deut. 17:5), i.e., to the Court of twenty three in your gates, but not a tribe to your gates, but rather to a special gate, i.e., to the Great Court. If, however, the tribe or the majority of it had committed other transgressions, no distinction is made between the trial of the public or of individuals; a false prophet – one who prophesies something which he did not receive in a prophetic vision, even though he prophesies in the name of the Lord (as will be explained in 11:5, below), and who is liable to death by henek (strangulation) is judged by the Great Court. This is learned by a gezerah shavah, the analogous use of the word "davar" in the passages relating to the zaken mamre (lit., "rebellious elder"), and the false prophet. Concerning the false prophet, it says, "But the prophet that shall speak a word [davar] presumptuously in My name" (Deut. 18:20), and in connection with the zaken mamre it says, "If there arise a matter [davar] too hard for you" (Deut. 17:8) - a person does not become a zaken mamre until he disobeys the Great Court in "the place which the Lord your God shall choose" (ibid.), so, too, the false prophet is to be judged only by the Great Court; and the High Priest - who has committed a serious transgression for which he is liable to the Court imposed death penalty is judged only by the Great Court. This is learned from the verse, “every great matter they shall bring unto you" (Ex. 18:22), which was understood in the sense, they shall bring the matter of a great one unto you (Moses), and Moses himself was equivalent to the Great Court of seventy-one, for he judged and ruled by the word of God, (Rashi), are judged by a Court of seventy-one - in monetary cases, however, the High Priest was judged as any other person.

A milhemet reshut (voluntary war) requires a Court of seventy-one - in a milhemet mitzvah (obligatory war), e.g., the conquest of Eretz Israel during the time of Joshua or the war with Amalek, there is no need at all for authorization by the Court to compel the people to go forth to war, but in a milhemet reshut, e.g., a war to expand the boundaries of Eretz Israel or to exact tribute from other peoples, or a war waged by the king in order to publicize his bravery, the people may be compelled to go forth to wage war only by the Court of seventy-one, for we find that David, before he went to war, consulted the Sanhedrin (see Sanh. 16a).

The City - of Jerusalem's boundaries and the Courtyards - in the Temple, are enlarged by a Court of seventy-one - for the sanctity of Jerusalem is greater than that of the rest of Eretz Israel, and the sanctity of the Courtyards is greater than that of Jerusalem, and new sanctity may be created only by the Great Court, for it is written, regarding the Tabernacle, "According to all that I show you, the pattern of the Tabernacle ... even so shall you make it" (Ex. 25:9) - so shall you do in later generations: just as the Tabernacle was sanctified by Moses (who was the equivalent of the Sanhedrin of seventy-one), so too in later generations you shall add to the City and to the Courtyards only by the Great Sanhedrin.

A court of seventy-one is required to appoint Sanhedrins -i.e., the Small Sanhedrin of twenty-three judges, as it is written, "Judges and officers shall you make you in all your gates ... tribe by tribe" (Deut. 16:18), for the tribes, - for we find that Moses appointed the Small Sanhedrins.

An ir hanidahat is declared - a city all, or most, of whose inhabitants committed idolatry, is called ir hanidahat. Its law is specified in the Torah: "You shall surely smite the inhabitants of that city with the edge of the sword, destroying it utterly, and all that is therein and the cattle thereof, with the edge of the sword. And you shall gather all the spoil of it into the midst of the broad place thereof, and shall burn with fire the city, and all the spoil thereof every whit, unto the Lord your God; and it shall be a heap for ever; it shall not be built again" (Deut. 13:16-17); this mishnah teaches that the ir hanidahat may not be judged except - by a Court of seventy-one - as it is written, "Then shall you bring forth that man or that woman ... unto your gates" (Deut. 17:5), which the Sages explained means, you bring forth an individual to your gates, but you do not bring forth an entire city to your gates, but rather to a special gate. (vd. supra)

They may not declare an Ir hanidahat on the border - of Eretz Israel, i.e., it is prohibited to destroy the city so that it will be a "heap for ever," lest enemies hear and break into Eretz Israel, and not three - the Court may not make three such cities, with one close to the other (Gemara; Rambam, Hil. Akum 4:4; see Hasagat Haravad loc. cit.), but one or two - the Gemara quotes a baraita: "They may not make three arim nidahot in Eretz Israel, but they may make two, e.g., one in Judea and one in the Galilee. But they may not make two in Judea or two in the Galilee; close to the border, they may not make even one. What is the reason? Lest the Gentiles hear and destroy Eretz Israel" (Sanh. 16b). Some commentators interpret "one or two" to mean, two that are as one, which are very close and are located on the border between Galilee and Judea, may be made, but three in such circumstances may not (Tosefot Yom Tov, Tiferet Yisrae1).

SANHEDRIN: CHAPTER 1: MISHNAH 6

The Great Sanhedrin was of seventy-one, and the Small - twenty-three. And whence that the Great is of seventy-one? As it is written, "Gather unto Me seventy men of the elders of Israel" (Num. 11:16), with Moses over them, this makes seventy-one. Rabbi Yehudah says, Seventy. And whence that the Small is of twenty-three? As it is written, "Then the congregation shall judge," "And the congregation shall deliver" (Num. 35:24-25), one congregation to judge and another congregation to deliver, which makes twenty. And whence that a congregation is ten? As it is written, "How long shall I bear with this evil congregation?" (Num. 14:27), Joshua and Caleb were excluded. And whence to bring another three? By implication, as it is written, "You shall not follow a multitude to do evil" (Ex. 23:2), I hear that I am to be with them to do good. If so, why is it written, "to incline after the majority" (ibid.)? Not as your following for good shall be your following for evil: your following for good is by a majority of one, your following for evil by two; and as a Court may not be even-numbered, an additional one is added which makes twenty-three. And how many should there be in the city that it should be eligible for a Sanhedrin? One hundred and twenty. Rabbi Nehemiah says, Two hundred and thirty, corresponding to rulers of tens.

Kehati

The Great Sanhedrin - the Great Court, was of seventy-one - judges, and the Small - Sanhedrin, was of twenty-three - judges, as has already been explained in the preceding mishnayot. And whence that the Great is of seventy-one? As it is written, "Gather unto Me seventy men of the elders of Israel" - this is seventy, with Moses over them - at the head of the seventy, as it is written, "and they shall bear the burden of the people with you" (Num. 11:17) - together with you, this makes seventy-one - we learn from this that the Great Court is composed of seventy-one judges. Rabbi Yehudah says, Seventy - for Rabbi Yehudah explains the text, "and they shall bear with you" - to mean they shall be like you, of proper lineage and unblemished (Rashi), and not that Moses should sit with the seventy in judgment. The halakhah follows the First Tanna.

And whence that the Small is of twenty-three? As it is written - regarding the law of the murderer, "Then the congregation shall judge - between the smiter and the avenger of blood according to these ordinances," "And the congregation shall deliver - the manslayer out of the hand of the avenger of blood," one congregation - of ten, to judge - to declare the person on trial guilty, which is the meaning of "and the congregation shall judge," and another congregation - of ten others, to deliver - to acquit the person on trial, which is the meaning of "And the congregation shall deliver," which makes twenty - ten to find guilty and ten to acquit.

And whence that a congregation is ten? As it is written - regarding those sent to spy out Eretz Israel, "How long shall I bear with this evil congregation?" -we learn from this that a "congregation" is ten men, for the spies were twelve in number, and Joshua and Caleb were excluded - for they did not present an evil report of the Land as did the rest of the spies; this leaves ten.

And whence - do we learn - to bring - to add, another three - to these twenty of the judging congregation and the delivering congregation? By implication - from the Torah, as it is written, "You shall not follow a multitude to do evil," I hear - I learn, that I am to be with them - that I am to follow the majority, to do good. If so, why is it written - why did the Torah then add, "to incline after the majority"? to teach, Not as your following for good - a decision to acquit is not to be as - your following for evil - a decision to find guilty, for your following for good - a decision to acquit, is made by - a majority of - one, but - your following for evil - the decision to condemn, is to be made by two - i.e., the number of judges voting to find the accused guilty must outnumber those voting to acquit by at least two, which is the meaning of "You shall not follow a multitude to do evil" - a person may not be condemned to death by a simple majority of only one judge, rather "after a multitude to decide" - a majority of two judges is required to deliver a verdict of guilty. Since we stated above that there must be a "delivering congregation" of ten who can vote to acquit, twelve judges voting to condemn are required, so that there will be a majority of two voting to find the accused guilty;

And as a Court may not be even-numbered - lest the same number of judges vote to find guilty as vote to acquit, and it will not be able to reach a decision, an additional one is added, which makes - a Small Sanhedrin of - twenty-three - judges. And how many - inhabitants - should there be in the city that it should be eligible for a - Small - Sanhedrin? One hundred and twenty - the Gemara explains that this number is derived according to the following calculation:

The Small Sanhedrin itself which is composed of twenty-three judges Three rows of twenty-three scholars each sitting before the Sanhedrin (as will be explained in 4:4, below) 23
Ten batlans ("idlers"), who desist from work, and sit continuously in the Study Hall (see Meg. 1:3) 69
Two secretaries, who record the statements in favor of acquittal and of finding guilty 10
Two attendants of the Court to lash the guilty and to summon litigants 2
Two litigants 2
Two witnesses (pair A) 2
Two edim zomemim refuting witnesses (pair B), so that pair A will refrain from giving false testimony, lest they be refuted 2
Two witnesses (pair C) to refute pair B, lest the litigant will be found guilty on the basis of the testimony of Pair A, and he then pays other witnesses (pair B) to refute (pair A) - hence the need for yet two others (pair C) in the city, so that pair B will fear that if (pair B) come to refute the original witnesses (pair A), this third pair (C) Will come and refute them (Rashi) 2
Two collectors of charity, and a third person when distributing it, for two people collect charity and three distribute it (Pe'ah 8:7) 3
A doctor 1
A scribe 1
A teacher of young children 1

Total 120

Rabbi Nehemiah says, Two hundred and thirty, corresponding to rulers of tens - each judge in the Small Sanhedrin should be the ruler of at least ten people, for there is no authority over less than ten people; so there must be at least twenty-three times ten inhabitants in the city for it to be eligible for a Small Sanhedrin of twenty-three judges. The halakhah follows the First Tanna.

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