הא איכא אחריתי דתניא אין מושיבין בסנהדרין זקן וסריס ומי שאין לו בנים ר' יהודה מוסיף אף אכזרי וחילופיהן במסית דרחמנא אמר (דברים יג, ט) לא תחמול ולא תכסה עליו:
Ten? But there are only nine! ([You say that there are only nine,] but indeed, ten are taught! — The laws that not all [persons] are eligible,<span class="x" onmousemove="('comment',' E.g., bastards may not try capital cases.
');"><sup>9</sup></span> and that twenty-three judges are necessary, are but one.)<span class="x" onmousemove="('comment',' So making the total of nine given in the Mishnah. People of illegitimate birth are ineligible as judges in capital cases because a court of twenty-three holds the status of a minor Sanhedrin, with whom pure descent is essential; hence they are counted as one.
');"><sup>10</sup></span>
Jerusalem Talmud Sanhedrin
“The Synhedrion was like a semicircular threshing floor,” etc. It is written: Do not bend your destitute’s proceeding in his trial. In his trial you do not bend; you may bend in the ox’s trial. Rebbi Abbahu in the name of Rebbi Joḥanan: But only in those rules which are different for civil and criminal suits. How many are these? We have stated nine; Rebbi Ḥiyya stated eleven. Which rules are the last two? The castrate and one who never had children is qualified to judge civil suits but not criminal suits. Rebbi Abbahu in the name of Rebbi Joḥanan: Also one who is less than twenty years of age or who does not have two pubic hairs is qualified to judge civil suits but not criminal suits. Rebbi Yose ben Ḥanina said thirteen. Which rules are the last two? One judges two civil suits on one day but one does not try two criminal suits on one day. Rebbi Abin said, even adulterer and adulteress.
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