What prohibition does a judge violate when he votes based on a colleague's opinion rather than his own reasoning?
The verse from Exodus 23:2 — "Do not respond to a dispute with an inclination" — is interpreted by oral tradition to forbid voting along with someone else rather than forming one's own opinion.
Question 2
When two judges cite the same rationale for a verdict but from different prooftexts, how are they counted?
Two judges who share one underlying rationale count as one, even if they derive it from different verses. Substance, not source, determines the count.
Question 3
Why does the Sanhedrin NOT begin deliberations with the most senior judge in capital cases?
Starting with the senior judge risks creating a chilling effect — lesser judges may feel unable to disagree with authority. In capital cases, every voice must be truly independent.
Question 4
Can a court reverse a verdict after erroneously acquitting someone liable for execution?
An erroneous acquittal stands. The system is designed asymmetrically to protect the innocent. An erroneous conviction, however, can and must be overturned.
Question 5
What can the defendant himself do during capital proceedings?
The defendant may rise and argue for his own acquittal, and is even elevated to sit with the Sanhedrin while his arguments are heard — provided his claims have substance.