| Chapter 4. Cross-examinations of witnesses | ||||
[Rules and regulations concerning examinations and cross-examinations of witnesses in civil and criminal cases. The difference in judging and in discussions between civil and criminal cases. How the members of the sanhedrin were seated. How many recording scribes were needed. How judges were added if needed, and from what people. How witnesses should be frightened in criminal cases. The reason why Adam the first was created singly.] | ||||
MISHNAS I. TO III. Cases coming before the court, the witnesses thereof must be examined and investigated. What difference is there between civil and criminal? | ||||
The following from (a) to (g). Biblically there is no difference between civil and criminal cases concerning investigations. But why is it enacted that civil cases do not need investigation? "Justice, only justice, will you pursue," means that one shall follow to the city of a celebrated judge, etc. What has the court first to say to the advantage of the defense in criminal cases? If one has tried a case, and made liable him who is not, or vice versa, etc. Tudus the physician testified that not one cow or one swine was sent from Alexandria in Egypt of which the womb was not removed. If one was found guilty by the court, and thereafter one come, saving: "I know a defense for him, etc, So long as the fire in the stove burns, cut off all that you want to roast, and roast it. (i.e., when you are studying a thing, consider it thoroughly to prevent questions.) All who take part in the discussion may explain their reasons, until one of the accusers shall yield to one of the defenders. In the neighborhood of R. Johanan there was one who was blind who used to judge cases, etc. From the time of Moses until the time of Rabbi, we do not find one man who was unique in the possession of wisdom, riches, and glory, etc. One may teach his disciple, and at the same time may judge in association with him in criminal cases. In ten things civil cases differ from criminal cases. All are competent to judge civil cases. But not all of them are competent to judge criminal cases. The Sanhedrin sat in a half-circle in order that they could see each other, etc. The Torah has testified that we are such a kind of people that even a fence of lilies is sufficient for us, and will never be broken. How were the witnesses awestruck in criminal cases? A human being stamps many coins with one stamp, and all of them are alike; but the Holy One, blessed be He, has stamped every man with the stamp of Adam the first, and, nevertheless, not one of them is like the other. Although the court of the Sanhedrin existed no longer, the punishment of the four kinds of death prescribed in the Scripture was not abolished by Heaven. | ||||
Adam the first was created singly, and why? That disbelievers should not say there were many Creators in heaven, etc. In three things one is different from his neighbor�in voice, etc., | ||||