1)

What exactly is the meaning of "Lo Sih'yeh Acharei Rabim Lera'os"?

1.

Rashi #1, Seforno and Targum Yonasan: It means that, on the basis of a majority of one, 1 Beis-Din may not sentence someone to death. 2

2.

Rashi #2 and Rashbam: If the Dayan believes that his fellow-Dayanim are ruling falsely, one may not vote with them, in spite of the fact that they are the majority, and it is their opinion that will ultimately be accepted. 3

3.

Moshav Zekenim (citing R. Yeshayah): If one sees many people doing evil and the minority doing good, one should not follow the majority.

4.

Oznayim la'Torah: If a Dayan sees that the majority are about to rule erroneously, he should not remain silent since there is no point in stating his opinion; Rather he should state his opinion, in the hjope that he will influence the others to accept his opinion.


1

Twelve against eleven.

2

Therefore the Pasuk concludes "Acharei Rabim Lehatos" - thatwith a majority of two, they may (Rashi citing Sanhedrin, 2a).

3

Refer to 23:2:2:3.

2)

What is the meaning of "ve'Lo Sa'aneh al Riv"?

1.

Rashi #1: It is a prohibition against arguing with the head of Beis-Din 1 (in matters that involve the death-sentence). 2

2.

Rashi #2 (citing Targum Onkelos) 3 : 'If one is asked to adjudicate, one should not turn away (refuse), but should judge truthfully'.

3.

Rashi #3: Refer to 23:2:1:3. If the defendant asks the Dayan for his opinion, he should not answer him according to the majority opinion, 4 but should state the truth.

4.

Seforno: Refer to 23:2:1:1. If eleven Dayanim rule that the defendant is guilty and ten that he is innocent, one of the remaining Dayanim may not declare him guilty, in order to arrive at a majority ruling, if he believes that he is innocent.

5.

Rashbam: Refer to 23:2:1:2. Nor may he testify with the majority of Dayanim who are declaring the defendant innocent, if he believes that he is guilty (or even if he doesn't know - even if they are a hundred). 5

6.

Targum Yonasan: A Dayan may not refrain from giving reasons to vindicate the defendant, thereby allowing the verdict to follow the majority. 6

7.

Moshav Zekenim: One may not follow the majority for evil, but should follow the majority of Dayanim (who judge truthfully).

8.

Sanhedrin, 36a: Refer to 23:2:2:1. Consequently, one begins from the side 7 (with the most junior Dayan). 8 Yerushalmi Sanhedrin, 4:7: 'One should not state one's opinion after the Rav but before him'. 9

9.

Mechilta: If eleven Dayanim proclaim him innocent and eleven guilty, and one doesn't know, Beis-Din must declare him innocent. 10

10.

Oznayim la'Torah: 'Don't hold back from stating your opinion if you see that the court is divided and you have the casting vote; and fearing the responsibility, you claim that you don't know, 11 forcing the addition of two Dayanim (Refer to 23:2:151:4).


1

See answ #8. Both answers are based on the fact that the word "Riv' iss spelt without a 'Yud' - to read 'Rav'.

2

Since the word "Riv" is written without a "Vav' (Rashi). Sanhedrin, 18b: It is for this reason that one may not appoint a king on to the Sanhedrin. See Torah Temimah, note 13.

3

With reference to the following phrase "Lintos ... " (Rashi).

4

And let the noose be placed around the necks of the wicked judges (Rashi).

5

See Torah Temimah, citing the Yerushalmi Sanhedrin, 4:7, and note 17.

6

Refer to 23:2:1:2.

7

See Torah Temimah, citing Sanhedrin, Ibid., and note 12.

8

See Torah Temimah, note 13.

9

And the Rav is Mochel his Kavod. Sanhedrin, 18b: Consequently, a king -who is forbidden to b Mochel his Kavod, cannot sit on the Sanhedrin.

10

See Torah Temimah, note 18.

11

Oznayim la'Torah: This is similar to the explanation of Targum Onkelos. See 23:2:2:2.

3)

What size majority is required to declare the defendant innocent?

1.

Rashi: The fact that to declare him guilty requires two Dayanim implies that to declare him innocent, one will suffice.

4)

What are the implications of the juxtoposition of Lintos" to "Lo Sa'aneh al Riv"?

1.

Tosefta Sanhedrin, Perek 3 #1: It implies that a junior Dayan may not say 'Dayo le'Eved Lih'yos ke'Rabo' and simply follow the ruling of a more senior Dayan.

2.

Tosefta Sanhedrin, Perek 3 #2: It implies that a Beis-Din must be able to resolve problems by means of a majority, and that it must therefore comprise an odd number (three, twenty-three or seventy-one), 1


1

See Torah Temimah, note 20.

5)

What are the connotations of "Acharei Rabim Lehatos"?

1.

Rashi #1 (citing Sanhedrin, 2a): It means that, having taught us that Beis-Din may sentence someone to death if there are two more judges for conviction than for acquittal. "Acharei Rabim Lehatos" teaches us that aquital requires only a majority of one.

2.

Rashi #2 (Beitzah 3b): It teaches us the principle of Bitul be'Rov, that min ha'Torah one in two is Bateil.

3.

Chulin, 11a: We learn from here that one always goes after the majority - in all matters. 1

4.

Oznayim la'Torah: Refer to 23:2:2:10: ' ... you should know that the responsibility does not lie with you alone, but on the entire Beis-Din who decide according to the majority'.


1

See Torah Temimah, note 23.

6)

We learn from the current Pasuk that we follow the majority in all casses. But the Gemara states in Kesuvos, 15a that in the case of 'Kavu'a', we do not follow the majority, but is considered an even Safek?

1.

Moshav Zekenim (citing the Rivam): 'Kavu'a' is considered an even Safek only when we cannot know - whether he bought in a store that sells Shechutah or Neveilah. But when there is a majority of Dayanim ruling one way, there is no reason to consider it an even Safek.

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