Chapter 10: Regulations applicable to a judges verdict
Overview
This section outlines critical rules for judges and scholars in capital cases: independence of judgment, prohibition against bias, proper order of deliberation, and procedures for error correction. It emphasizes fairness, impartiality, and safeguards against wrongful conviction.
Halacha 1 – Independent Judgment
A judge must rule based on personal conviction, not by following another’s opinion. Saying “I agree with so-and-so” without personal reasoning violates “Do not follow the majority to incline” (Exodus 23:2).
Halacha 2 – No Switching from Acquittal to Conviction
A judge who argued for acquittal may not switch to argue for conviction during deliberation.
Exception: At the time of final verdict, he may join those voting for conviction.
Halacha 3 – Scholar’s Opinion After Death
If a scholar argued for acquittal and then died, his vote is still counted as if he were alive.
Halacha 4 – Unspoken Rationale
If a judge said he had a rationale for acquittal but died or became mute before explaining, his opinion is disregarded.
Halacha 5 – Duplicate Reasoning
Two judges presenting the same rationale—even with different prooftexts—are counted as one vote.
Halacha 6 – Order of Opinions
Deliberation does not begin with the most senior judge to prevent undue influence. Each judge must state his own reasoning.
Halacha 7 – Begin with Favorable Statements
Discussion starts with arguments for acquittal, not conviction. Judges reassure the accused:
“If you did not commit this act, do not fear the witnesses.”
Halacha 8 – Hearing Additional Arguments
If a scholar says: “I have a rationale for conviction,” he is silenced.
If he says: “I have a rationale for acquittal,” he is elevated to the Sanhedrin for that day; if his argument is valid, he remains permanently.
Even the defendant may present a rationale for acquittal if substantial.
Halacha 9 – Correcting Judicial Errors
- If the court wrongly convicts and later finds grounds for acquittal, the case is reopened.
- If the court wrongly acquits, the case is not reopened—except when the error concerns a law acknowledged even by Sadducees (e.g., incestuous anal intercourse).
- Minor errors (e.g., partial penetration) do not warrant retrial.
Summary Table
| Topic | Key Rule | |
| Independent judgment | Judge must rule by personal reasoning, not follow others blindly. | |
| Switching stance | No changing from acquittal to conviction during deliberation. | |
| Scholar’s vote after death | Still counted for acquittal. | |
| Unspoken rationale | Disregarded if not explained. | |
| Duplicate reasoning | Same rationale counts as one vote. | |
| Order of opinions | Do not start with senior judge; avoid bias. | |
| Begin with acquittal | Favorable arguments first. | |
| Additional arguments | Conviction arguments silenced; acquittal arguments welcomed. | |
| Correcting errors | Retrial allowed for wrongful conviction; limited for wrongful acquittal. |
