Sanhedrin 32 – Inquiry and Questioning in Monetary and Capital Cases

Both monetary and capital cases are subject to the requirement of inquiry and questioning. Inquiry refers to time and place, questioning to the particulars of the testimony. That the court proceedings should be uniform is required by “There shall be one law for you...”

However, in the cases of loans the Sages waved this requirement, in order to make it easier for the borrowers to obtain funds. How could the Sages abrogate a Torah law? They utilized the power that the Torah gives to the court, allowing it to confiscate property and then award it to the winner, without complete interrogation. If the court sees a possibility of fraud, the questioning is required.

In general, one should try to take his case to the court of more prominent Sages, because in doing so he will learn additional Torah laws.

Art: Fritz Sonderland - Ver Den Richter (The Judge)