Negative Commandment 282 (Digest)
Issuing a Capital Verdict by a One-Vote Majority
"You shall not follow the majority for evil"—Exodus 23:2.
It is forbidden for a judge in a capital case to follow the majority decisions if the majority is only one vote greater than the minority. I.e., if there's disagreement between the judges whether an individual is deserving of capital punishment, and the group of judges that wishes to convict is one vote more than the group that wishes to acquit—it is forbidden to execute the defendant.
The 282nd prohibition is that a judge is forbidden from following majority rule [in a capital case] if there is only a majority of one. This means that if judges disagree regarding a transgressor — some saying that he should be executed and others saying that he should not, and those saying guilty are a majority of one — it is forbidden to execute him. G‑d has forbidden the judge from executing him until there is a majority of two.
The source of this prohibition is G‑d's statement, "Do not follow the majority to do evil." This means, "Do not follow just any majority in a capital case," which is the intention of the phrase "to do evil." In the words of the Mechilta, "If 11 judges rule he is innocent and 12 judges that he is guilty, I would think that he is guilty. The Torah therefore says, 'Do not follow the majority to do evil.' " It is also written there, "You can rule in his favor with a majority of one, and against him with a majority of two."
The details of this mitzvah are explained in the 4th chapter of tractate Sanhedrin.
Negative Commandment 283 (Digest)
Independent Judicial Opinions
"You shall not respond concerning a lawsuit to follow"—Exodus 23:2.
A judge is forbidden to rely upon the reasoning presented by a fellow judge, to convict or acquit a defendant, without himself examining and analyzing the issue based on the case's foundations. He may not say, "I'm satisfied to simply agree with the opinion of the other great judge." Rather, each judge must state the opinion that he independently arrived at.
Another few laws are included in this mitzvah (all derived from the same words of the verse) [all these rules apply in capital cases only]:
- One who originally argued in favor of the defendant may not afterwards argue to incriminate [though he may personally change his mind and vote to convict].
- When hearing a capital case, the judges must open the proceedings with words in defense of the defendant.
- If exculpatory evidence is found after a guilty verdict has been handed down, the verdict is discarded, and the court reconvenes to consider the new evidence. The inverse is not true—once a person is vindicated, he cannot be retried.
- When the time comes for the judges to state their arguments [for or against the defendant], we do not start with the greatest of the judges [lest the others be influenced by his opinion].
The 283rd prohibition is that a judge is forbidden to rely on the opinion of another judge — either to convict or to acquit — without investigating the case independently and formulating his own opinion and analysis based upon principles of law.
The source of this prohibition is G‑d's statement, "Do not speak up in a trial lintos." This means that in a trial, one should not merely choose an opinion to follow — e.g. that of the majority or of the higher judges — refraining from offering your own opinion in that case.
In the words of the Mechilta: "The verse 'Do not speak up in a trial lintos' teaches that when the votes are cast, you should not say to yourself, 'it's good enough to say the same as Rabbi so-and-so.' Rather, you should give your own opinion. One might think that the same law governs financial cases. The Torah therefore adds, 'A case must be decided based on majority rule.' "
From this prohibition it is also derived that after giving a vote of acquittal, a judge may not change his opinion to one of guilt. This is also conveyed by G‑d's statement (exalted be He), "Do not speak up in a trial lintos," i.e. your speech should not turn him towards conviction.
So too, from this verse it is derived that "capital cases may not be opened by the prosecution, as it is written, 'Do not speak up in a trial lintos'"; that a case may be reopened for acquittal [after conviction], but not for conviction [after acquittal]; and that [when the judges declare their verdict] they should not start from the eldest judge. All these laws are derived from the verse, "Do not speak up in a trial lintos," as explained in the 4th chapter of tractate Sanhedrin, where the details of this mitzvah are given.
Positive Commandment 229 (Digest)
Execution by Stoning
"And you shall stone them with stones that they die"—Deuteronomy 22:24.
Transgressors of certain sins are to be executed via lapidation.
The 229th mitzvah is that we are commanded to execute by stoning those who transgress certain mitzvos.
The source of this mitzvah is G‑d's statement (exalted be He), "They shall be put to death by stoning." I will point out the mitzvos which are punishable by stoning when listing the prohibitions.
The details of this mitzvah are explained in the 6th chapter of tractate Sanhedrin.
Positive Commandment 228 (Digest)
Execution by Burning
"They shall be burnt with fire both he and they"—Leviticus 20:14.
Transgressors of certain sins are to be executed via burning [of their innards].
The 228th mitzvah is that we are commanded to execute by burning those who transgress certain mitzvos.
The source of this mitzvah is G‑d's statement (exalted be He), "both he and they shall be burned with fire." I will point out the mitzvos which are punishable by sereifa when listing the prohibitions.
The details of this mitzvah are explained in the 7th chapter of tractate Sanhedrin.
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