In a capital case, if all 23 judges of a minor Sanhedrin vote that the defendant is liable, what is the outcome?
Unanimous liability in a capital case exonerates the defendant. Halacha requires that some judges argue for exoneration — a unanimous guilty verdict indicates the deliberative process failed.
Question 2
In a minor Sanhedrin of 23, what majority is needed to convict in a capital case?
To convict in a capital case, 13 of 23 judges must vote guilty (a majority of two). To exonerate, only 12 of 23 (a bare majority of one) is needed.
Question 3
What happens when a minor Sanhedrin of 23 reaches a 12-12 tie on a capital case?
When the minor Sanhedrin ties at 12-12, two more judges are added at a time, potentially expanding to 71, until a majority is reached.
Question 4
When the Supreme Sanhedrin of 71 reaches a split decision, how is it resolved?
The Supreme Sanhedrin of 71 does not expand. They continue deliberating among themselves until a majority is reached. The majority of 71 is always the final word.
Question 5
Why does halacha require that some judges advocate for exoneration even when the majority believes in guilt?
A unanimous guilty verdict in a capital case is considered a sign of flawed deliberation — no advocate means the defendant had no one thinking carefully about his innocence. The system requires at least one voice for exoneration.