More Discussions for this daf
1. Semichah 2. Beis Din for Gitin 3. Sanhedrin
4. Adding to the Azaros 5. Members of Sanhedrin 6. Mamonos and Gezeilos v'Chavalos
7. Sanhedrin of 23 8. Splitting Perakim - 1 Mishnah or many Mishnayos? 9. Mumchin By Dinei Mamonos
DAF DISCUSSIONS - SANHEDRIN 2

h koppel asked:

If dinei nephoshos are so important why was there only a beis din of 23 and not 71

h koppel, england

The Kollel replies:

I suppose you could continue and ask why even 71 should be enough - we should require an unlimited number of jurors. But that would of course be impractical. So the Torah makes a compromise between the value of a human life and practicality.

23 judges is really 10 judges. (That is, ten vote to kill the person against another ten who vote to leave him - the other two are needed for giving the former a "Rov" - as the Mishnah explains.) A quorum of ten is like a "full" person; that is, it represents the range of aspects (or mindsets) of a single person. It is the amount required for Devarim shebi'Kedushah, because the Shechinah is there. By offering the convict a jury of 23, we are allowing the expression of every way a person thinks to be used in order to save him.

71 is only necessary for infractions that pertain to a Tzibur (community), and not just a single person (or even group of individuals). It represents all of the possible ways of thinking in a community. (See Ramban Bamidbar 11:16.) This number is used to judge the Tzibur (as in the case of Ir ha'Nidachas), or a person who embodies the Tzibur (such as a king, Kohen Gadol, or prophet).

Best wishes,

Mordecai Kornfeld

Kollel Iyun Hadaf.