Commentary for Sanhedrin 79:15

<big><strong>גמ׳</strong></big> מנא הני מילי אמר רב יהודה דאמר קרא (דברים יג, טו) ודרשת וחקרת ושאלת היטב ואומר (דברים יז, ד) והוגד לך ושמעת ודרשת היטב ואומר (דברים יט, יח) ודרשו השופטים היטב

IF THEY FIND HIM NOT GUILTY, THEY DISCHARGE HIM. IF NOT, THEY TAKE A VOTE.<span class="x" onmousemove="('comment',' Lit., 'they stand to vote.' ');">²⁵</span> IF TWELVE ACQUIT AND ELEVEN CONDEMN, HE IS ACQUITTED. IF TWELVE CONDEMN AND ELEVEN ACQUIT, OR IF ELEVEN CONDEMN AND ELEVEN ACQUIT AND ONE SAYS, 'I DO NOT KNOW,'<span class="x" onmousemove="('comment',' So that there is no majority of two for conviction. cf. supra 2a. ');">²⁶</span> OR EVEN IF TWENTY-TWO ACQUIT OR CONDEMN AND A SINGLE ONE SAYS, 'I DO NOT KNOW,'<span class="x" onmousemove="('comment',' The member who is doubtful is regarded as non-existent (cf. supra 17a), whilst capital cases may not be tried by less than twenty-three. ');">²⁷</span> THEY ADD TO THE JUDGES. UP TO WHAT NUMBER IS THE COURT INCREASED? — BY TWOS UP TO THE LIMIT OF SEVENTY-ONE.<span class="x" onmousemove="('comment',' If there is a division of opinion amongst the newly co-opted members. ');">²⁸</span> IF THIRTY-SIX ACQUIT AND THIRTY-FIVE CONDEMN,<span class="x" onmousemove="('comment',' When the court has been increased to the extreme limit. ');">²⁹</span> HE IS ACQUITTED. BUT IF THIRTY-SIX CONDEMN AND THIRTY-FIVE ACQUIT, THE TWO SIDES DEBATE THE CASE TOGETHER UNTIL ONE OF THOSE WHO CONDEMN AGREES WITH THE VIEW OF THOSE WHO ARE FOR ACQUITTAL. <b><i>GEMARA</i></b>. 'Whence is this<span class="x" onmousemove="('comment',' The seven questions of time and place. ');">³⁰</span> inferred? — Rab Judah said: Scripture states, Then shalt thou inquire and make search and ask diligently;<span class="x" onmousemove="('comment',' Deut. XIII, 15. In reference to a condemned city. The three expressions for investigation indicate three questions. It should be observed, however, that the Talmud does not regard the word 'ask' by itself as teaching that a formal question must be put to the witnesses but that here it is coupled with 'diligently'. ');">³¹</span> and it says, And [if] it be told thee and thou hear it, then shalt thou inquire diligently;<span class="x" onmousemove="('comment',' Ibid. XVII, 4, in connection with the trial of an idolater. The words thou shalt inquire denote one question, and the emphasis, diligently, a second. ');">³²</span> again it says, And the judges shall inquire diligently.<span class="x" onmousemove="('comment',' Ibid. XIX, 18, with reference to witnesses proved Zomemim (v. Glos). Here also two questions are implied. Hence seven questions in all are necessary. ');">³³</span>

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