Sanhedrin 1:5-6

Sanhedrin 1:5

A Tribe that practices idolatry, a false prophet, and a Kohein Gadol who commits a capital offense are judged by a court of 71 judges. A voluntary war can only be declared by a court of 71. Jerusalem’s city limits and Temple courtyards can only be enlarged by a court of 71. A court of 71 is necessary to appoint regional Sanhedrins (i.e., courts of 23) for the Tribes. A city can only be condemned by a court of 71. A border city may not be condemned, nor may three cities in proximity to one another, but one or two may.

Sanhedrin 1:6

The great Sanhedrin was composed of 71 judges and the small Sanhedrin was composed of 23. We derive that the great Sanhedrin should be 71 judges from Numbers 11:16, “Gather unto Me 70 men from the elders of Israel.” The 70 elders, with Moshe at the helm, equals 71. Rabbi Yehuda says 70 (Moshe not being added to their number). We derive that the small court is 23 from Numbers 35:24-25, “The congregation shall judge…the congregation shall deliver.” This requires two congregations – one to judge and one to deliver – which equals 20. We know that a congregation is ten from Numbers 14:27, “How long must I tolerate this evil congregation?” – referring to the 12 spies but excluding Joshua and Caleb. We add another three based on Exodus 23:2, “Do not follow a majority to do evil,” from which we infer that we do follow a majority to do good. So why does the verse continue “to follow after the majority?” To teach that the way we follow for good (i.e., for acquittal) should be different from the way we follow for evil (i.e., conviction). Acquittal may be ruled with a simple majority of one but conviction requires a supermajority of two. Since a court may not have an even number of judges, one more is added, which gives us 23. How many residents must there be in a city for it to have a small Sanhedrin? 120. Rabbi Nechemia says 230 – ten residents per judge (which is the smallest unit of authority).