Sunday, February 14, 2010

Sanhedrin 2 – Monetary Cases are Judged by Courts of Three (Criminal)

Monetary cases cover most areas of civil dispute. Such cases are judged by the courts of three qualified judges. Judges act based on the testimony given by two qualified witnesses. There is no concept of a jury and, in general, no concept of circumstantial evidence.

Cases of robbery and bodily injury are also monetary cases, adjudicated by courts of three qualified judges. Qualified in this context means that besides knowing relevant Torah law and scientific discovery, they must also possess "semicha," an uninterrupted chain of ordination going back to Moses.

However, cases of loans can be adjudicated even by judges without semicha. This was an additional enactment made in order "not to close doors for the would-be borrowers" so lenders would find it easy to resolve loan questions and wouldn't always require ordained judges in loan disputes.

Art: Anthony Van Dyck - Charles I in three positions

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