Following the Majority and the Courts of Twenty-Three

"You shall not follow a majority to do evil" (Exodus 23:2). From where do we know that a lesser Sanhedrin consists of twenty-three? As it is said, "And the congregation shall judge" (Numbers 35:24), "and the congregation shall deliver" (Numbers 35:25) — a congregation that judges and a congregation that delivers, that makes twenty. And from where that a congregation is ten? As it is said, "How long shall this evil congregation" (Numbers 14:27) — excluding Joshua and Caleb. And from where the additional three? From the implication of "You shall not follow a majority to do evil," I would hear that I should be with them for good; if so, what does Scripture teach by "after a majority"? Your inclining toward conviction is not like your inclining toward acquittal: for acquittal by a single vote, for conviction by two; and since a court must not be evenly balanced, one more is added, making twenty-three. "After the majority to incline" (Exodus 23:2): Rabbi Eliezer the son of Rabbi Yose the Galilean says — what does Scripture teach by "after the majority to incline"? The Torah said: make for yourself a court that inclines. Twelve acquit and eleven convict — acquitted. Thirteen convict and ten acquit — guilty. Or eleven acquit and twelve convict, I would hear he is guilty; Scripture teaches, "You shall not respond in a dispute" — the Torah said: execute by witnesses, execute by those who incline; just as witnesses are two, so those who incline [for conviction must exceed by] two. Eleven acquit and eleven convict and one says "I do not know" — this is a warning to the judge to incline only toward acquittal, as it is said, "You shall not respond in a dispute to incline." In monetary cases, and matters of purity and impurity, they begin with the greatest. In capital cases they begin from the side [the lesser judges first]. From where these things? Rav Aha bar Pappa said: Scripture says, "You shall not respond [al riv]" — read it "upon the great one [al rav]." Rabbah bar bar Hannah said: from here — "And David said to his men, Let every man gird on his sword, and David too girded on his sword" (1 Samuel 25:13). "And you shall not favor a poor man in his dispute" (Exodus 23:3): why is it said? Because it says, "You shall not favor the poor nor honor the great" (Leviticus 19:15), which specified. I would know only these; from where their opposites? Scripture teaches, "And you shall not favor a poor man in his dispute." Abba Hanan says in the name of Rabbi Eliezer: Scripture speaks of gleanings, the forgotten sheaf, and the corner of the field.