At the end of Chapter 12 of Hilchos Sh'gagos, the Rambam appears to say that if a majority of the Beis Din err, the Beis Din would be Chayav to bring a Par He'elem Davar. However, in the next Halacha, (chapter 13, Halacha 1) the Rambam says that unanimity is required; if the Beis Din do not ALL agree when they issue the errant ruling, they aren't liable. To me this appears to be a Stirah, is there any way of resolving it?
simon wanderer, London
The Rambam might hold that only if seventy-one people judge does everyone have to agree. If more judge, they do not all have to agree. This point was also raised in order to answer a similar question. The Gemara (3b) quotes Rebbi Yonasan's approach that the Sanhedrin must be unanimous in Psak in order to bring a Par Helam Davar. The Gemara rejects this approach. However, the Gemara later (4b) seems to assume Rebbi Yonasan's position! The Mefarshim (Keren Orah, Chok Nasan 3b) answer that R' Yonasan's approach was that every person is required to agree, even if there are one hundred people that sit down to judge. The Mishnah, however, understands that only seventy-one need to be unanimous. The others do not have to agree. [The Maharsha and others give a different answer which I did not quote as the answer is deemed difficult by the Lechem Mishnah in Hilchos Shgagos 13:1 (the Frankel Rambam, as well, gives other answers in their Mafteichos on 12:2).]
All the best,
Yaakov Montrose