Halakhah for Sanhedrin 67:3
דיני נפשות המלמד כו': אמר רב לא שנו אלא בשעת משא ומתן אבל בשעת גמר דין מלמד זכות חוזר ומלמד חובה
But how do our Rabbis interpret, so that he die?<span class="x" onmousemove="('comment',' Which seem to indicate that the testimony may not be changed only when it leads to death. ');"><sup>5</sup></span> — They apply it to one of the disciples,<span class="x" onmousemove="('comment',' That he may not put forward arguments in favour of condemnation. ');"><sup>6</sup></span>
Sefer HaChinukh
That the one who advocated innocence at the beginning of capital cases not advocate guilt: That one of the judges not go after the opinion of another greater judge or even after the opinion of the majority, because he trusts him - to make liable or to make innocent - if the matter is not understood to him in his mind. And if it is a case that is dependent upon a decree of scripture (gezerat hakatuv), a gezerah shava or a hekesh (the latter two being exegetical inferences based on similar wording in two sections), he must know it himself and not rely and trust one of the [other] judges or the majority; as it is stated (Exodus 23:2), "and you shall not answer about a dispute to incline." [This is] meaning to say, do not say something about a dispute to incline - meaning only from the side of leaning towards the words of a great judge or towards the majority - and not from the side of your understanding. Or if you want to be silent from [saying] that which is in your heart about the case and [instead] to incline after their words, do not do so. And the language of the Mekhilta d'Rabbi Yishmael 23:2 is "'You shall not answer about a dispute to incline' - that you not say, 'It is enough for me that I be like Rabbi x,' but rather, say what is in your heart. Maybe, monetary cases are also like this? [Hence] we learn to say, 'to lean after the majority.'" And within this very negative commandment is included that the one who advocates innocence in capital cases not go back and advocate guilt; as it stated, "and you shall not answer about a dispute to incline" - meaning to say, "let not your words be inclined towards guilt" (Sanhedrin 34a). And so, too, included is that we do not open towards guilt in capital case. And the explanation then comes, "and you shall not answer about a dispute to incline," meaning to say, the opening of your words should not be for guilt. As per force, we must explain it about the beginning of the case, since it is impossible to say that it warns that you not answer guilt about about the whole case. As, if so, no man would ever be prosecuted.
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