הלכות סנהדרין

A court does not inflict punishment on the basis of conclusions which it draws, only on the basis of the testimony of witnesses with clear proof. Even if witnesses saw a person pursuing a colleague, they gave him a warning, but then diverted their attention, punishment is not inflicted on the basis of their testimony. Or to give a graphic example, the pursuer entered into a ruin, following the pursued and the witnesses followed him. They saw the victim slain, in his death throes, and the sword dripping blood in the hand of the killer, since they did not see him strike him, the court does not execute the killer based on this testimony. Concerning this and the like, Exodus 23:7 states: "Do not kill an innocent and righteous person."
Similarly, if two people testified that a person served a false deity in different circumstances, e.g., one saw him serve the sun and warned him, while the other saw him serve the moon and warned him, their testimonies are not combined. This can also be inferred from the verse: "Do not kill an innocent and righteous person." Since there is a rationale on which basis he could be held innocent and righteous, he should not be executed.

Whenever a person violates a prohibition punishable by execution by the court under duress, the court should not execute him. Even in situations where the transgressor was commanded to sacrifice his life and not transgress, if he sinned under duress, although he desecrated God's name, he should not be executed. This is derived from Deuteronomy 22:26: "To the maiden, you should not do anything." This verse is a warning to the court not to punish a person who transgresses under duress.

When a man is compelled to engage in relations with a woman forbidden to him, he is liable for execution by the court. The rationale is that an erection can only come about willingly. When a woman is raped, by contrast, she is absolved. This applies even if, in the midst of the rape, she says: "Allow him to continue." It is her natural inclination that overcame her.

It is forbidden for the court to have compassion for the killer. The judges should not say: "Since this person has already been killed, what advantage is there in killing another person," and thus be lax in executing him. This is implied by Deuteronomy 19:13: "Do not allow your eyes to take pity. You shall eliminate innocent bloodshed."
Similarly, it is forbidden for the court to take pity on a person who was obligated to pay a fine. They should not say: "He is poor. He acted unintentionally." Instead, they should exact the entire payment from him without compassion, as Ibid.:21 states: "You shall not take pity."
Similarly, in questions of monetary law, one should not show mercy to the poor, saying: "He is indigent and the other litigant is wealthy. Since both I and the wealthy man are obligated to provide for the poor person's livelihood, I will vindicate him in judgment and thus he will derive his livelihood with honor." With regard to this, the Torah warned Exodus 23:3: "Do not glorify the indigent in his dispute," and Leviticus 19:15: "Do not show favor to the poor."
It is forbidden to show favor to a person of stature. What is implied? Two people come before one for judgment, one a wise man of stature and one, an ordinary person. One may not ask about the welfare of the person of stature first, nor treat him with favor, nor show him honor, lest this cause the other litigant to become tongue-tied. Instead, the judge should not turn to either of them in a personal manner until the judgment is concluded. This is derived from [Ibid.: "Do not glorify the countenance of a person of stature." Our Sages said: One should not say: "This man is affluent; he is the son of people of stature, how can I embarrass him and witness his humiliation." With regard to this, it is written: "Do not glorify the countenance of a person of stature."

If two people come before a judge one observant and one wicked, he should not say : "Since he is wicked and it can be presumed that he is lying and conversely, it can be assumed that the other litigant does not falsify his statements, I will be biased against the wicked in judgment." With regard to this, Exodus 23:6 states: "Do not be biased in the judgment of the poor person." The intent is even if a person is poor in the observance of mitzvot, do not be biased in his judgment.

Leviticus 19:15: "Do not act perversely in judgment" refers to a person who distorts the judgment and vindicates the litigant who should be held liable and obligates the litigant who should be vindicated. Similarly, a person who delays rendering judgment and extends his deliberations even though the matter is clear-cut in order to aggravate one of the litigants is also considered as one who acts perversely.

A person who is haughty when rendering judgment and hurries to deliver a judgment before he examines the matter in his own mind until it is as clear as the sun to him is considered a fool, wicked, and conceited. Our Sages commanded: "Be patient in judgment." And similarly, Job 29:16 states: "When I did not understand a complaint, I would investigate."

A judge who begins comparing a judgment that is brought before him to a judgment that was already rendered with which he was familiar is considered as wicked and haughty when rendering judgment if there is a scholar in his city who is wiser than him and he fails to consult him. Our Sages comment: "May evil upon evil befall him." For these and similar concepts stem from haughtiness which leads to the perversion of justice.
Proverbs 7:26: "She cast down many corpses" refers to a student who has not reached the level where he can deliver rulings, but does so. Awesome are all she has slain" Ibid. refers to a scholar who has reached the level where he can deliver rulings, but does not do so.
The latter denunciation applies provided his generation requires his services. If, however, he knows that there is another scholar capable of rendering decisions, and therefore he refrains from doing so, he is praiseworthy. Whenever a person refrains from becoming involved in a judgment, he removes the responsibility for antagonism, theft, and false oaths from himself. A person who is haughty in rendering judgment is foolish, wicked, and arrogant.

A person should not say: "All of the above applies with regard to a judgment that involves the expropriation of a large sum of money from one person to another." Instead, a judgment involving 1000 maneh and one involving a p'rutah should be regarded as identical with regard to all matters.

Judges should not sit down to adjudicate a case involving less than a p'rutah. If, however, they were required to adjudicate a complaint involving a p'rutah, they render a judgment even if ultimately, the outcome concerns less than a p'rutah.

Anyone who perverts a judgment against another Jew transgresses a negative commandment, as Leviticus 19:15 states: "Do not act perversely in judgment." If the litigant was a convert, he transgresses two negative commandments, as Deuteronomy 24:17 states: "Do not distort the judgment of a convert." If he was an orphan, the transgressor violates three negative commandments as that verse continues: "...the judgment of an orphaned convert."