The Mekhilta explains how a capital case is decided by a court of twenty-three judges. If twelve judges vote to acquit and eleven to convict, the defendant is acquitted — the majority rules. If thirteen vote to convict and ten to acquit, he is convicted.
But what about a narrow margin? If eleven vote to acquit and twelve to convict — a single-vote majority for conviction — is the defendant convicted?
No. The Torah says (Exodus 23:2): "Do not speak solitarily in a quarrel." The Mekhilta reads this as a compound instruction: "Kill by witnesses. Kill by incliners." The word "incliners" refers to the majority that tips the verdict toward conviction. Just as witnesses must be at least two in number, so the "incliners" — the margin by which the conviction exceeds the acquittal — must also be at least two.
A one-vote margin is insufficient for conviction. The majority for death must be at least two judges greater than the minority for acquittal. This means that while twelve-to-eleven produces acquittal, thirteen-to-ten produces conviction. Twelve-to-eleven for conviction does not produce conviction — it triggers the addition of more judges until a clear two-vote margin is achieved.
This rule builds a structural safeguard into the Jewish judicial system. The Torah makes it easier to acquit than to convict. A bare majority can save a life but cannot take one.