Rabbinic JudaismJerusalem Talmud Sanhedrin 5.5HOLYMAP · SACRED TEXTS
The Jerusalem TalmudJerusalem Talmud Sanhedrin 5.5

The Jerusalem Talmud

Jerusalem Talmud Sanhedrin 5.5

1
English · Heinrich W. Guggenheimer

MISHNAH: If they found him innocent, they free him. Otherwise they hold his case over to the next day, split into groups of two, eat little and refrain from wine the entire day, and discuss during the entire night. The next morning they start early. One who voted for acquittal says, I am for acquittal and I remain for acquittal. One who voted for conviction says, I am for conviction and I remain for conviction. He who voted for conviction may vote for acquittal; but he who voted for acquittal may not change and vote for conviction. If they erred in the matter, the two clerks of court will remind them. If they found him innocent, they free him; otherwise they tally the vote. If twelve are for acquittal and eleven for conviction, he is found innocent. If twelve are for conviction and eleven for acquittal, or even twenty-two are for acquittal or conviction and one says, I do not know, they shall add judges. Up to what number does one add? [One adds] two and two up to 71. If 36 vote for acquittal and 35 for conviction, he is found innocent. If 36 vote for conviction and 35 for acquittal, they have to continue to argue with one another until one of the voters for conviction is convinced by the arguments of those in favor of acquittal.

2
English · Heinrich W. Guggenheimer

HALAKHAH: “If they found him innocent, they free him,” etc. It was stated: If one of the witnesses said, I have an argument for his acquittal, and another came to support him, (and another came to support him,) whom do you co-opt? Let us hear from the following of Rebbi Joḥanan: If somebody was acquitted following his own pleading, one does not place him with the judges. Therefore, if he was acquitted following (his own) pleading, then one person would be simultaneously witness and judge. We do not find that anybody can be both witness and judge.

3
English · Heinrich W. Guggenheimer

In civil suits one declares the judgment as definitive [but in criminal suits one does not declare the judgment as definitive.] The greatest among the judges declares the judgment as definitive .

4
English · Heinrich W. Guggenheimer

“Up to what number does one add,” etc. It was stated: Why does one add judges? For if there were two of the original judges voting affirmatively, together with one of the later ones judgment will be rendered by three. Rebbi La said, since the judgment can be rendered by four, one does not render it by three.

5
English · Heinrich W. Guggenheimer

Rebbi Yose said, one understands from here: If three sat in judgment and one of them died, two sign and note: Even though we are two who sign, we were three in judging. Rebbi Ḥaggai said, a Mishnah implies this: “The judges sign at the bottom or the witnesses.” Does one learn court documents from prozbol? It was found stated: This about court documents he inferred from the rules of prozbol.

6
English · Heinrich W. Guggenheimer

If nobody changes his opinion? Rebbi Joḥanan said, he is acquitted. Rebbi Simeon ben Laqish said, he is convicted. Rebbi Joḥanan said to him, is he not acquitted? Why do they have to continue to argue with one another? So the judgment should not be in question.

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Jerusalem Talmud Sanhedrin 5.5English
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Jerusalem Talmud Sanhedrin 5.50%

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The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

Hebrew/Aramaic text: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015), via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

English translation: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015); commentary notes omitted, via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

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