We learned yesterday that rabbinic courts were composed of different numbers of judges depending on the severity and stakes of the case. While larger courts of 23 or even 71 judges were convened more formally to handle the most consequential charges, some disagreements required only one judge and courts of three formed locally and as needed to address relatively mundane matters like admissions of financial liability and loans.
Further, while expert judges were certainly preferable, judges didn’t have to be trained rabbis. Allowing lay people to serve as judges in certain cases allowed justice to be served in places where three trained judges were hard to find. This was halakhically possible because the Torah, which doesn’t know rabbis, obviously does not require that judges be rabbis. Indeed, in Exodus 18, Moses’ father-in-law, seeing that Israel’s leader is taxed by acting as sole judicial decider for the vast multitude, encourages him to recruit other capable individuals to the role so the job of judging disputes can be shared. Though described as “capable” and “God-fearing,” they appear to have no formal qualifications. Yet, opening the doors of judicial decision-making to the general public, the Gemara notes, has serious risks. And, in cases where only one judge presides, those risks are multiplied:
Rav Aha, son of Rav Ika, said: By Torah law, the adjudication of one judge is also valid in cases of admissions and loans, as it is stated: “In righteousness shall you judge your neighbor.” (Leviticus 19:15) But by rabbinic law, three judges are required, due to the concern that a single judge may be one of those who sit idly on street corners.
Rav Aha notes that Leviticus 19:15 is written in the singular, meaning that the Torah allows for certain cases to come before a single judge. (Note also that the language of “your neighbor” suggests the possibility of lay people deciding disputes in their communities.) However, out of an abundance of caution, the rabbis require three judges. Their concern is that a single judge may be incompetent, making a just verdict unlikely. Of course, three is no guarantee:
Is that to say that with three judges they will not be among those who sit idly on street corners?
If one judge can be incompetent, how can we be certain that there is enough judicial competency on a panel of three? In short, we can’t. But the Gemara concludes that if three judges preside, even untrained ones, it is unlikely all three will be ignoramuses.
It follows, argues the Gemara, that if we are going to allow three lay people to serve as judges, they should be treated as ordained judges are; namely, they should be exempt from paying compensation should their judgement be in error. But there is a concern that this will increase the likelihood that the judges are incompetent. In other words, holding lay judges accountable for their rulings is an incentive for those who are not qualified to serve to stay off the bench. Removing this protection, the Gemara worries, would invite those who sit idle on street corners into positions of too much power.
The Gemara ultimately does not decide whether cases involving admissions of financial liability and loans require one or three judges. Maimonides rules that either three ordinary people or one expert judge may adjudicate them. The Shulchan Aruch, however, disagrees, requiring three judges in every such case, whether they be professional or laypeople. Moshe Isserles, in his glosses on the Shulchan Aruch, adds a stipulation to protect against a situation where there are three lay judges, none of whom have the requisite knowledge to make a proper decision. In such a case, he writes, the lay judges may hear the case and forward the testimony to someone more qualified than they are to make the final decision.
The opening conversations of Sanhedrin are focused on the structure of the court system. Today’s conversation reminds us that organization of the courts can help insulate us against damage done by low-quality judges, but does not eliminate the risks.
Read all of Sanhedrin 3 on Sefaria.
This piece originally appeared in a My Jewish Learning Daf Yomi email newsletter sent on December 20, 2024. If you are interested in receiving the newsletter, sign up here.
Help us keep Jewish knowledge accessible to millions of people around the world.
Your donation to My Jewish Learning fuels endless journeys of Jewish discovery. With your help, My Jewish Learning can continue to provide nonstop opportunities for learning, connection and growth.
