|
Welcome to Sanhedrin!
The first perek lays out the different sizes that batei din (halachik courts) come in, and which kinds of cases are heard by what size court.
Mishna one mostly deals with cases that are heard by the smallest bet din, a bet din of three judges. These are cases (many of which you'll recognize from our just-completed "Bavas") that deal with financial matters that come up between people, including those which could involve the imposition of legal penalties (such as the imposition of "double payment" on a thief).
Significantly, the Gemara adds a special provision when a bet din is adjudicating a case involving a loan, specifying that in such cases the Torah's general requirement that judges be certified experts is waived. The reason the Gemara gives for this is that if the standard requirement for experts would be in place, potential lenders would hesitate to make loans, knowing how challenging it might be to quickly gather three experts should a dispute with the borrower arise. Rather than risk the flow of loans drying up, the rabbis set aside the Biblical requirement for certified experts. (Wow!)
The debate at the end of Mishna 1 introduces the fact that a bet din of 23 (expert) judges is required for cases that have capital implications. The entire range of cases that are included in this category is presented in Mishna 4, though you'll also find Rabbi Yishmael proposing one at the beginning of Mishna 2.
Mishnayot 2 and 3 introduce some of the ritual and ceremonial functions that are played by a bet din of 3 (or jts sliglty larger). These include rendering decisions about the date of Rosh Chodesh, participating in the Temple ritual ("semichat zikenim") that is required when a Bet Din realizes that it has ruled in error and has caused people to inadvertently sin as a result, and affirming the statement made by a minor girl who had been married off by her brother or mother after her father's death, when she declares that she does not want to continue in this arranged marriage ("miunin").
Mishna 5 introduces us to the "Bet Din of 71 Judges", often referred to as a Sanhedrin. A Sanhedrin is required to deal with matters of national significance, from hearing an accusation of idolatry that is being levelled against an entire tribe of Israel, to hearing an accusation that a prophet is in fact a false prophet, to determining whether the king has the authority to take the nation to war.
Mishna 6 provides the background as to how the numbers 23 (judges in capital cases) and 71 (for the Sanhedrin) were derived. Of note in the former case, is the consideration that while a simple majority is sufficient to acquit in a capital case, a majority of at least 2 is necessary to convict. (As you'll see there, this is why 21 is insufficient, and 23 is required.)
| 
