הלכה על סנהדרין 3:5
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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