Daily Mitzvah (Rambam)

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,1 "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.

Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.

From "Sefer Hamitzvot in English," published by Sichos in English.

Footnotes

1.

Ex. 23:2.

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,1 "Do not speak up in a trial lintos."2 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:3 "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.

Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.

From "Sefer Hamitzvot in English," published by Sichos in English.

Footnotes

1.

Ibid., 23:2.

2.

Literally "to turn," meaning here "to turn after someone else's opinion" or "to follow."

3.

Mechilta D'Rashbi.

The 229th mitzvah is that we are commanded to execute by stoning1 those who transgress certain mitzvos.

The source of this mitzvah is G‑d's statement2 (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.

Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.

From "Sefer Hamitzvot in English," published by Sichos in English.

Footnotes

1.

Although literally translated as "stoning," it actually consisted of being thrown from a high platform. Only if the person did not die from the fall were actual stones used.

2.

Deut. 22:24.

The 228th mitzvah is that we are commanded to execute by burning1 those who transgress certain mitzvos.

The source of this mitzvah is G‑d's statement2 (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.

Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.

From "Sefer Hamitzvot in English," published by Sichos in English.

Footnotes

1.

Although literally translated as "burning," it actually consisted of pouring molten metal down the convict's throat.

2.

Lev. 20:14.