Rashi says that if one dayan says eini yode'a, we add two since otherwise we'd be dan dinei nefashos with less than 23. Does that mean that if they now add two and have 24 (the eini yode'a is keman d'lesa), then if they split 13 mechayvim and 11 mezakim that's OK, since the beis din is more than 23 and hat'aya is by two lechayev? In other words, ein B"D shakul is not an issue?

Gershon Dubin