민수기 35:24의 탈무드

From where following Rebbi Ismael? Rebbi Ismael stated: The congregation shall judge between the beater, etc²⁰Num.35:24; between the slayer and the avenger of the blood.. The congregation be neither relatives of the murderer nor relatives of the murdered. Rebbi Yose said, otherwise you would say that the court is engaged in vendetta. This implies that the judges may not be related to the accused. And from where that the witnesses may not be related to the accused? The Torah said, kill on the testimony of witnesses, kill on the sentence of those who vote²¹I. e., the judges; the expression is from Ex. 23:2.. Since judges may not be related to the accused, neither may witnesses be related to the accused. From where that witnesses may not be relatives of one another? Think of it, if they be found perjured, would they not be killed by each other’s testimony?

MISHNAH: The High Synhedrion³³²As usual in rabbinic sources, the political institution of the Synhedrion is identified with the juridical of the High Court, projecting Jabneh arrangements into Temple times. had 71 members and a lower one 23 members. From where that the High Court has 71 members? For it is said³³³Num. 11:16.: Assemble for me 70 men of the Elders of Israel, and Moses was presiding, that makes 71. Rebbi Jehudah says, 70³³⁴He is known for the correctness of his historical traditions. For the political functions of a Synhedrion, an even number of members is acceptable. The judicial functions were exercised by committees of 23 each.. From where that a lower court has 23 members? For it is said, the congregation shall judge, the congregation shall save³³⁵Num. 35:24,25 speaking of the trial of the homicide; cf. Sifry Num. #160.. One congregation judges, one congregation saves, this makes twenty. And from where that a congregation consists of ten persons? As it is said, how long this evil congregation³³⁶Num. 14:27, interpreted as speaking of the ten bad spies., without Joshua and Caleb.
From where that one adds another three³³⁸Since Mishnah 6 established that a criminal court must have 20 judges/jurors.? From the interpretation of what is said³³⁹Ex. 23:2: Do not follow the majority to do evil; do not testify in a quarrel, to bend, to twist after the majority. This is read to mean that for acquittal one vote is enough but that for conviction one needs a qualified majority even without the one judge who is voting. Cf. Mekhilta dR. Ismael Mišpaṭim20, dR. Simeon ben Ioḥai 23:2 (in the name of Rebbi.), do not follow the majority to be unfavorable, I understand that He said, follow them to be favorable. Then why was it said, to bend after the majority? Your bending to be favorable is not equal to your bending to be unfavorable. Your bending to be favorable shall be by one [vote] (witness), your bending to be unfavorable shall be by two. Since no court may be even-numbered, one adds another one to obtain 23. How many people shall live in a town that it may have a criminal court? 120. Rebbi Nehemiah said 230, that they might be commanders over tens³⁴⁰Since the verse requires that judges be outstanding personalities, Ex. 18:21, Deut.1:15, each judge must be qualified at least to be the leader of ten men..

¹⁷³A slightly changed parallel is in Ševuˋot 4:1. From where following Rebbi Ismael? Rebbi Ismael stated: The congregation shall judge¹⁷⁴Num. 35:24, about the trial of the homicide who fled to a city of asylum. R Ismael objects to R. Aqiba’s inferences from additional את ,ו etc. and insists that any interpretations of verses conform to the plain sense of the verse within the purview of his hermeneutical rules.; the congregation shall save¹⁷⁵Num. 35:25.. The congregation be neither relatives of the murderer nor relatives of the murdered. Rebbi Yose said, otherwise you would say that the court is engaged in vendetta¹⁷⁶This gives the missing argument in R. Ismael’s statement.. This implies that the judges may not be related to the accused. And from where that the witnesses may not be related to the accused? The Torah said, kill on the testimony of witnesses, kill on the sentence of judges. Since judges may not be related to the accused, neither may witnesses be related to the accused. From where that witnesses may not be relatives of one another¹⁷¹Deut. 24:16 is indeterminate enough to include both testimony and sentence by relatives.? Think of it, if they be found perjured, would they not be killed by their testimony¹⁷⁰Cf. Gittin 9:8, Note 128. Formal perjury, “plotting”, is testimony which is impossible, i. e., where it was proven that the witnesses were not at the place about which they testify at the time they assert to have seen the object of their testimony. If only one witness was perjured, there is only one valid witness and his testimony is worthless by biblical standards; for worthless testimony there can be no biblical punishment. Therefore, if the two perjured witnesses were related, each would be convicted by his relatives’ testimony; this is forbidden by Deut. 24:16. But testimony which would not expose the witnesses to the penalty of perjury is worthless. The Babli, 28a, points out that this argument also eliminates a single relative among the witnesses.?