אמר רב כהנא סנהדרי שראו כולן לחובה פוטרין אותו מ"ט כיון דגמירי הלנת דין למעבד ליה זכותא והני תו לא חזו ליה
if eleven find the man not guilty and twelve find him guilty, there is still a majority of only one;<span class="x" onmousemove="('comment',' And for conviction, a majority of two is necessary; v. p. 3.
');"><sup>32</sup></span> and if there are ten for not guilty and thirteen for guilty, there is a majority of three? — R. Abbahu said: [The majority of two] is possible only where [two] judges are added,<span class="x" onmousemove="('comment',' As in the following case: If eleven found him guilty and eleven not guilty, while the twenty-third is dubious, the law provides for an addition of two members. In case these agree with the accusers, the majority for condemnation is then two, v. Mishnah infra 40a.
');"><sup>33</sup></span>
Sefer HaChinukh
From the laws of the commandment is that which they, may their memory be blessed, said (Sanhedrin 17a) that if they all [advocated] for guilt, that he is exempt; [that] if the ones that make him innocent and the ones that make him guilty are equal, that we add [more judges] upon them, and until how many do we add (Sanhedrin 41a); what will be if one said, "I do not know." And that which they said, that one who advocates innocence may not go back and advocate guilt, is only said about the time of give and take; but he may go back and be counted with those that make him guilty at the end of the trial. And [that] if one opened and said, "I have guilt to advocate," and became paralyzed or died, he is like one who does not know; but we see one who [would] make him innocent that dies, as if he is in his place at the end of the trial. And [that] we silence a student who comes to advocate guilt; but if he wanted to advocated innocence, we elevate him to the Sanhedrin - and if there is substance to his words, we listen to him and he never goes down from there ever; and [even] if there is no substance to his words, he does not go down from there the whole day, by way of edification. And [that] we [even] listen to the accused himself that says, "I have innocence to advocate about myself" - and that is when there is substance to his words. And the rest of its details - are [all] elucidated in the seventh chapter of Sanhedrin.
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