(Mishnah): The same laws of Drishah v'Chakirah apply to monetary and capital cases - "Mishpat Echad Yihyeh Lachem."

What are differences between monetary and capital cases? Monetary cases require three judges. Capital cases require 23;

In monetary cases, [the judges] may begin with [a reason] for Zechus or Chiyuv. Capital cases begin with Zechus, and not with Chiyuv.

(Gemara - R. Yochanan): [Chachamim nullified Drishah v'Chakirah (interrogation of witnesses) from monetary cases] due to concern for money of Yisrael (a lender should not lose if the witnesses do not remember the time and place of the loan. Rather,) the Beis Din says [to the witnesses] "how do you know that he owes him?" (Above, Perek 3 Mishnah 8)

Question (Rabah bar Rav Ba, to R. Yosi): How do we conduct in practice? (Do we follow R. Yochanan?)

Answer (R. Yosi): We follow R. Yochanan. R. Yochanan said that due to concern for money of Yisrael, they say "how do you know that he owes him?"

Question (Ze'ira bar Chinena citing R. Chanina and Rav Yehudah): One [verse] says "v'Darashta v'Chakarta v'Sha'alta Heitev" (you must do Drishah v'Chakirah), and one says "Tzedek Tzedek Tirdof" (without so much investigation)!

Answer: If you see the Din coming out according to the truth, judge it righteously (without Drishah v'Chakirah); if not, investigate it (if there is deceit - Alei Tamar).

When Rav Huna saw that the Din is coordinated (the witnesses say the same words), he would investigate. When he saw that they say so and so (use different words), he would coordinate (see if the testimonies match).

How do we begin for Zechus? We say "is it possible that this person murdered?!"

Question (R. Yosi): If so, if one of the witnesses said "I have a reason for Zechus", and his colleague (the other witness) supports him, there is support (i.e. according to R. Yosi b'Ribi Yehudah, who says that the witnesses can give reasons for Zechus)...

If you will say so, you obligate the judges! (Through considering it shocking to say that he murdered, they induce the witnesses to give false reasons for Zechus, and the wrong verdict will result!)

Answer: Would witnesses lie?! (We are not concerned for this.)

(R. Yochanan): Anyone who does not know how to judge a Sheretz, to give reason why it is Tahor and why it is Tamei, 100 times, cannot begin for Zechus. (We do not put such a person on the Sanhedrin.)

Question: How can we judge a Sheretz [to be Tahor? The Torah says that it is Tamei!]

Answer (R. Yanai): A snake kills [and increases Tum'ah, yet] it is Tahor. A mouse [or other Sheretz], which does not kill, all the more so it should be Tahor!

Question: Perhaps we should say oppositely - a mouse, which does not kill, is Tamei. A snake, which kills, all the more so it should be Tamei!

Answer - objection (R. Pinchas): A scorpion kills and it is Tahor! (This shows that we do not make the latter Kal v'Chomer.)

Rejection: We find a Tana who says that a snake and scorpion are the same. (A Kal v'Chomer should be Metamei both of them. The above question remains.)

Rebbi: R. Meir had an expert Talmid who could be Metaher a Sheretz and Metamei it, 100 times.

They say that that Talmid did not know how to rule. (He merely made worthless exercises in how to expound.)

(R. Yakov bar Dasai): That Talmid was cut off from [receiving his portion in Torah at] Har Sinai.

(Mishnah): In monetary cases, we follow a majority of one for Zechus or Chiyuv. In capital cases, we follow a majority of one for Zechus, and a majority of two for Chiyuv.

(Gemara - R. Yanai): If the Torah was given clearcut (without sides to say like this or like this), it would not have a foundation.

What is the reason? "Va'Ydaber Hash-m El Moshe" - [Moshe] said "Master of the world! Teach me what is the Halachah (so there will be no Safek)!"

Hash-m: "Acherei Rabim Lehatos" - if most are Mezakeh, be Mezakeh. If most obligate, obligate, in order that Torah will be expounded 49 reasons to be Metamei, and 49 reasons to be Metaher. (I cannot give you the Halachah clearly, for then there would be no reasons to say otherwise!)

What is the source for 49? [This is the Gematriya of] "v'Diglu [Alai Ahavah]." Also, it says "Imaros Hash-m Amaros Tehoros Kesef Tzaruf ba'Alil la'Aretz Mezukak Shiv'asayim" (seven times seven).

Also, it says "Meisharim Ahavucha" (the primary love of Torah is to get a straight ruling amidst opposing reasons, through following the majority).