Question (R. Abahu): According to Rebbi (above 2 (e) 3.), five judges should be needed (as judges is written plural three times, making six, and one of the words is needed because it is its first mentioning; that makes four judges, but Beis Din must always have an odd number of judges, so there should be five?)

Answer (R. Chizkiyah): The Beraisa says - since the Torah said that we give the death penalty using the majority (as the pasuk says in Shemos 23:2, "follow after the majority") and we give the death penalty if there are witnesses; just as witnesses means two, so using the majority requires four judges (two to prosecute and two to defend); but since a Beis Din cannot be of even number, there must be five.

Question: If theft and injuries are also monetary claims, why did the Mishna divide them up? (This will be answered in the next entry, on daf 4 of the meshulav calendar.)