Talmud Bavli
Talmud Bavli

Halakhah for Sanhedrin 3:15

ומנין לעדה שהיא עשרה שנאמר (במדבר יד, כז) עד מתי לעדה הרעה הזאת יצאו יהושע וכלב

IS TO BE PASSED BY TWENTY-THREE. R. ELIEZER SAYS: WHOEVER IS FIRST TO KILL THEM [WITHOUT TRIAL], ACQUIRES MERIT, R. AKIBA, HOWEVER, HOLDS THAT THEIR DEATH IS TO BE DECIDED BY TWENTY-THREE. A TRIBE,<span class="x" onmousemove="('comment',' That has gone astray after idolworship, v. p. 76. ');"><sup>26</sup></span>

Sefer HaChinukh

This commandment is practiced at the time of the [Temple] when Israel are in their inhabitation; since [only] then is it in our hand to judge capital cases. And they, may their memory be blessed, said (Sanhedrin 2a) that we only judge a false prophet with a court of seventy-one [judges].
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