Sanhedrin

R. Abbahu said: In ten respects do civil suits differ from capital charges,  and none of those is practised in [the trial of] the ox that is stoned,  save that twenty-three [judges are necessary] — Whence is this derived? — R. Aha b. Papa said: Scripture states, Thou shalt not wrest  the judgment of thy poor in his cause;  — the judgment of thy poor thou mayest not wrest,  but thou mayest do so in the case of the ox that is stoned. Ten? But there are only nine! ([You say that there are only nine,] but indeed, ten are taught! — The laws that not all [persons] are eligible,  and that twenty-three judges are necessary, are but one.)  — There is yet another [difference]:  for it has been taught: 'We do not appoint as members of the Sanhedrin, an aged man, a eunuch or one who is childless.  R. Judah includes also a cruel man. It is the reverse in the case of a Mesith,' for the Divine Law states, Neither shalt thou spare, neither shalt thou conceal him. ALL ARE ELIGIBLE TO TRY CIVIL SUITS. What does 'ALL' include? — It includes a bastard. But have we not already learnt this once, viz.: Whoever is competent to try capital charges is also competent to try civil suits. But some are competent to try civil suits, yet not capital charges.  Now, when we discussed this question: What does that  include? Did not Rab Judah answer, It includes a bastard? — One includes a proselyte, the other, a bastard. And both are necessary. For had the rule been given concerning a proselyte only, [one might have assumed that the reason is] because he is eligible to come into the Congregation;  but a bastard,  we would say, is not [competent]. Again, had this been stated of a bastard only, [we should think that the reason was that] he issues from a proper origin,  but a proselyte, who does not issue from a proper origin, is not [competent]. Hence the statements are [both] necessary. BUT NOT ALL ARE ELIGIBLE TO TRY CAPITAL CHARGES. Why?  — As R. Joseph learned: Just as the Beth din must be pure in righteousness, so they must be free  from every blemish.  Amemar said: What verse [proves this]? — Thou art all fair, my love, and there is no blemish in thee.  But perhaps a literal defect [blemish] is meant?  — R. Aha b. Jacob answered: Scripture states, That they may stand there with thee:  'with thee' implies, like to thee.  But perhaps it was so stated there on account of the Shechinah?  — But, said R. Nahman b. Jacob: Scripture states, And they shall bear with thee:  'with thee' implies that they must be like to thee. MISHNAH. THE SANHEDRIN SAT IN THE FORM OF A SEMICIRCULAR THRESHING FLOOR,  SO THAT THEY MIGHT SEE ONE ANOTHER, AND TWO JUDGES CLERKS STOOD BEFORE THEM, ONE TO THE RIGHT, THE OTHER TO THE LEFT, AND WROTE DOWN THE ARGUMENTS OF THOSE WHO WOULD ACQUIT AND THOSE WHO WOULD CONDEMN.  R. JUDAH SAID: [THERE WERE] THREE: ONE TO RECORD THE ARGUMENTS FOR ACQUITTAL, A SECOND, THOSE FOR CONVICTION, AND A THIRD, TO RECORD THE ARGUMENTS FOR ACQUITTAL AND CONVICTION.