6

I recall reading a quote from Reb Yonason Eibshitz concerning a judge on a beis din of 23 faced with a strange situation. The defendant seems to the judge to be guilty of murder, but this judge is the last to cast his vote and all twenty two other judges said guilty. If this last judge says guilty, the defendant will go free. Reb Eibshitz therefore says he should say innocent so that what this judge believes is the correct judgment will be carried out. Does anyone know where I can find this?

Fwiw, the Or Hachaim in Mishpatim 23 2 says the exact opposite. This information is of interest to me as it pertains slightly to Choshen Mishpat siman 12 where the poskim mention a judge who wants to recuse himself by falsly saying he doesn't know how to rule in the hope that the new judges they add will tip the scale to justice.

You must log in to answer this question.

Browse other questions tagged .