Sanhedrin 3:6-7

Sanhedrin 3:6

Witnesses are examined as follows: first, they bring them in and admonish them. They send all the witnesses out except for the most prominent of them, who remains inside. They tell him to explain how he knows that the defendant owes money to the plaintiff. If he says that he was told this by the defendant or by a third party, his words of no consequence. He must say that the defendant admitted in their presence that he owes the plaintiff a particular sum of money (the mishna uses the example of 200 zuz). Next, they bring in the second witness and examine him. If his words match those of the first witness, the judges deliberate. If two say that the defendant is not liable and one says that he is liable, then the defendant is not liable. If two say that he is liable and one says that he is not, then the defendant is liable. If one says the defendant is not liable and one says he is liable (and the third is undecided), or even if two say he is not liable or two say he is liable, if one judge remains undecided (and doesn’t cast a vote), they add judges to the panel.

Sanhedrin 3:7

When the judges finish their deliberations, they bring in the litigants. The most senior judge addresses the defendant and pronounces him liable or not liable. How do we know that when one of the judges goes out, he may not tell the defendant that he voted to acquit him but was outvoted? Leviticus 19:16 says, “Do not go about as a talebearer among your people” and Proverbs 11:13 defines a talebearer as one who reveals secrets.