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Sanhedrin 3:8-4:1

Sanhedrin 3:8

If a litigant brings proof, it can overturn the verdict. If the court told him he has 30 days and he brings his proof within that time, he can overturn the verdict; after that, he cannot. Rabban Shimon ben Gamliel asked about one who only found proof after the deadline (i.e., if he’s right, he’s right, even after 30 days). If the court told a litigant to bring witnesses and he replied that he had none, or to bring proof and he replied that he had none, and he later brought proof or found witnesses, it doesn’t affect the verdict. (Since he said there were none, we question the validity of this proof or these witnesses.) Rabban Shimon ben Gamliel again asked about one who was unaware of proof or witnesses and later found them (i.e., he shouldn’t be penalized for being unaware). Let’s say that judges told a litigant to provide witnesses or proof and he said he had none; when he saw he would lose, he called upon some people in the gallery to testify for him or he pulled some proof from his pocket. In such a case, his witnesses or proof is inadmissible. (Since he said they didn’t exist, we don’t accept their veracity.)

Sanhedrin 4:1

Financial cases and capital cases both require investigation and interrogation as per Leviticus 24:22, “You shall have one standard of judgment.” The difference between financial and capital cases is that financial cases are judged by a court of three and capital cases are judged by a court of 23. Financial cases can open with either the prosecution or defense but capital cases only open with the defense. Financial cases are decided by a majority of one, whether to rule liable or not liable, but capital cases require a majority of one to acquit and a majority of two to convict. Financial cases can be re-opened regardless of whether the original ruling was liable or not liable but capital cases are only re-opened to potentially acquit someone who had been convicted. In financial cases, anyone can argue cases on either side, while in capital cases, everyone can argue for acquittal but not everyone can argue for conviction. In financial cases, one who argued against the defendant can argue on his behalf and vice versa, while in capital cases only one who argued for conviction may argue for acquittal but one who argued for acquittal may not argue for conviction. Financial cases can be judged by day and finished at night but capital cases must be judged and completed by day. Financial cases can be concluded the same day, whether the judgment was liable or not liable, but capital cases are completed on the same day for acquittal and on the next day for conviction. For this reason, capital cases are not judged on the day before Shabbos or yom tov.

Author: Rabbi Jack Abramowitz