בית דין דף נלווה לפרק "בית דין" בפודקאסט "מונח על הבוקר" מבית מטח

(3) The Sages provided the High Priest with Elders selected from the Elders of the court, and they would read before him the order of the service of the day of Yom Kippur. And they would say to him: My Master, High Priest. Read the order of the service with your own mouth, as perhaps you forgot this reading or perhaps you did not learn to read. On Yom Kippur eve in the morning, the Elders stand him at the eastern gate of the courtyard and pass before him bulls and rams and sheep so that he will be familiar with the animals and grow accustomed to the service, as these were the animals sacrificed on Yom Kippur.

(4) How is the mitzva of lulav fulfilled in the Temple when the first day of the Festival occurs on Shabbat? If the first day of the Festival occurs on Shabbat, all the people bring their lulavim to the Temple Mount on Friday. The attendants receive the lulavim from them and arrange them on a bench [itztaba], while the Elders place their lulavim in the chamber. They were given permission to do so due to the concern that they would be injured the following morning in the rush of people in search of their lulavim. And the court teaches the people to say: With regard to anyone whom my lulav reaches his possession, it is his as a gift. They did so to avoid the likely situation where people would inadvertently take lulavim that did not belong to them, as on the first day of the Festival one does not fulfill his obligation with a lulav that does not belong to him. The next day everyone rises early and comes to the Temple, and the attendants throw the lulavim before them. And in the confusion, the people snatch the lulavim and in the process strike one another. And when the court saw that they came to potential danger, they instituted that each and every person will take his lulav in his house and fulfill the mitzva there.

(7) After the witnesses have been examined and their testimony accepted, the head of the court says: It is sanctified. And all the people respond after him: It is sanctified; it is sanctified. Whether the moon was seen at its anticipated time, on the thirtieth day of the previous month, or whether it was not seen at its anticipated time, in which case witnesses are not necessary to establish the following day as the New Moon, the court sanctifies it and formally proclaims the day as the New Moon. Rabbi Elazar, son of Rabbi Tzadok, says: If the new moon was not seen at its anticipated time, the court does not sanctify the New Moon on the following day, as the celestial court in Heaven has already sanctified it, precluding the need for the additional sanctification by the earthly court.

(5) If the New Moon of Kislev arrived and rain has still not fallen, the court decrees three fasts on the entire community. Similar to the individual fasts, everyone may eat and drink after dark, and they are permitted to engage in the performance of work, in bathing, in smearing one’s body with oil, in wearing shoes, and in conjugal relations.

(1) Cases concerning monetary law are adjudicated by three judges. Cases concerning robbery and personal injury are adjudicated by three judges. Cases concerning damage that one is responsible for because he or his property caused the damage are adjudicated by three judges as well. Likewise, cases concerning payment for half the damage, which is paid in the event that an ox whose owner has not been warned that it gored more than two times gores another animal (see Exodus 21:35); cases concerning payment of double the principal by a thief who was caught stealing (see Exodus 22:3); and cases concerning payment of four or five times the principal by a thief who slaughtered or sold a stolen ox or a lamb (see Exodus 21:37) are all adjudicated by three judges. Cases concerning one who rapes or one who seduces a virgin girl, and must therefore pay the girl’s father fifty silver shekels (see Deuteronomy 22:29, Exodus 22:15); and cases concerning a defamer who falsely asserts that his wife was not a virgin when she married him, and brings false witnesses who testify that she committed adultery while betrothed to him and who must therefore pay the girl’s father one hundred silver shekels as well as receive lashes (see Deuteronomy 22:13–19): All of these are adjudicated by three judges; this is the statement of Rabbi Meir. And the Rabbis say: Cases concerning a defamer are adjudicated by a court of twenty-three judges, which is the type of court authorized to judge cases of capital law, because this case includes the possibility of becoming a case of capital law. The husband brings witnesses that his wife committed adultery. If she is found guilty, she is liable to receive the death penalty. This punishment applies to the witnesses if they are exposed as conspiring witnesses.

(2) Cases concerning the violation of prohibitions that render one liable to receive lashes are adjudicated by three judges. The Sages stated in the name of Rabbi Yishmael: Cases concerning lashes are adjudicated by twenty-three judges. The intercalation of the month is performed by a panel of three judges. The intercalation of the year, meaning the decision to add an extra month to the year when necessary, is also decided by a panel of three judges; this is the statement of Rabbi Meir. Rabban Shimon ben Gamliel says: The deliberations begin with three judges, and they debate the matter with five judges, and they conclude the matter with seven judges, due to the significance of the decision. And Rabban Shimon ben Gamliel concedes that if they concluded the matter with only three judges, the intercalation is valid and it is a leap year.

(3) Both the laying of hands by the Sages and the breaking of the heifer’s neck in a case where a person was found murdered and it is not known who killed him (see Deuteronomy 21:1–9) are performed in front of a panel of three judges; this is the statement of Rabbi Shimon. Rabbi Yehuda says: These rituals are performed in front of five judges. Both ḥalitza, the ritual through which the yavam, a surviving brother of a married man who died without sons, frees the yevama, the widow, of her levirate bond in a case where the yavam does not wish to marry the yevama (see Deuteronomy 25:5–10), and the refusal of a girl before reaching majority to remain married to the man to whom her mother or brother married her off, are performed before a court of three judges. The halakha concerning fruit of a fourth-year sapling and second-tithe produce is that they are to be brought to Jerusalem and eaten there. If this is impractical, the produce can be redeemed and the redemption money brought to Jerusalem, where it is used to purchase food and drink. Valuation of fruit of a fourth-year sapling or second-tithe produce in cases where their value is not known is performed by three judges. The valuation of consecrated property for purposes of redemption is performed by three judges, and the valuations that are movable property (see Leviticus 27:1–8) are performed by three judges. Rabbi Yehuda says: One of the three judges must be a priest. And the valuation of consecrated land is performed by nine judges and, in addition, one priest. And the valuation of a person for the purpose of a vow is performed in a similar manner to that of land.

(4) Cases of capital law are judged by twenty-three judges. An animal that copulated with a person and an animal that was the object of bestiality are judged by twenty-three judges, as it is stated: “And if a woman approaches any animal to lie with it, you shall kill the woman and the animal” (Leviticus 20:16), and it states: “And if a man lies with an animal, he shall be put to death and you shall kill the animal” (Leviticus 20:15). In cases of bestiality, the verse juxtaposes the execution of the animal to the execution of the person, and therefore the case of the animal is adjudicated in the same way as cases of capital law. Similarly, an ox that is to be stoned because it killed a person is judged by twenty-three judges, as it is stated: “But if the ox was wont to gore in time past, and warning has been given to its owner, but he did not guard it and it kills a man or a woman the ox shall be stoned and also its owner shall be put to death” (Exodus 21:29). From this verse it is derived that just as the manner of the death of the owner, so is the manner of the death of the ox. The same halakha applies in the case of a wolf or a lion, a bear or a leopard, or a cheetah, or a snake that killed a person: Their death is decreed by twenty-three judges. Rabbi Eliezer says these dangerous animals do not need to be brought to court; rather, anyone who kills them first merits the performance of a mitzva. Rabbi Akiva says: Their death is decreed by twenty-three judges.

(5) The court judges cases involving an entire tribe that sinned, or a false prophet (see Deuteronomy 18:20–22), or a High Priest who transgressed a prohibition that carries a possible death sentence, only on the basis of a court of seventy-one judges, i.e., the Great Sanhedrin. And the king may bring the nation out to an optional war, i.e., a war that was not mandated by the Torah and is not a war of defense, only on the basis of a court of seventy-one judges. They may extend the city of Jerusalem or the courtyards of the Temple only on the basis of a court of seventy-one judges. And they may appoint a lesser Sanhedrin of twenty-three judges for the tribes only on the basis of a court of seventy-one judges. A city may be designated as an idolatrous city, i.e., a city whose residents all practice idolatry, and therefore according to Torah law all the residents must be killed and the city must be destroyed (see Deuteronomy 13:13–19), only in accordance with the ruling of a court of seventy-one judges. Additionally, the court may not designate a city as an idolatrous city if it is on the frontier, close to the borders of Eretz Yisrael, and three adjoining cities may not be designated as idolatrous cities. But the court may designate one city, or two adjoining cities, as idolatrous cities.

(6) With regard to the number of judges in the different courts the mishna presents a halakhic midrash: The Great Sanhedrin was composed of seventy-one judges, and a lesser Sanhedrin was composed of twenty-three. From where is it derived that the Great Sanhedrin was composed of seventy-one judges? As it is stated: “Gather Me seventy men of the Elders of Israel, whom you know to be the Elders of the people and officers over them, and bring them into the Tent of Meeting, and they shall stand there with you” (Numbers 11:16), and together with Moses at the head of this body, there are a total of seventy-one. Rabbi Yehuda says: Moses was indeed at the head of the body, but he is not counted as part of the group. Consequently, a future Great Sanhedrin modeled after these Elders is to be composed of seventy judges. And from where is it derived that a lesser Sanhedrin is composed of twenty-three judges? As it is stated: “And the congregation shall judge between the assailant and the avenger…and the congregation shall save the manslayer from the hands of the avenger” (Numbers 35:24–25). Therefore, there must be a congregation, which consists of at least ten judges, that judges the accused and attempts to convict him, and there must be a congregation, also consisting of at least ten judges, which attempts to save the accused by finding him innocent. Together, there are twenty judges here. Before proceeding to derive the requirement for the final three judges, the mishna clarifies: And from where is it derived that a congregation consists of at least ten men? As it is stated concerning the spies: “How long shall I bear with this evil congregation that keep complaining about me?” (Numbers 14:27) There were twelve spies; excluding Joshua and Caleb, who did not complain, there would be ten men who are called: A congregation. Accordingly, the verses describing a congregation that attempts to convict the accused and a congregation that attempts to acquit him together add up to twenty judges. And from where is it derived to bring three more judges to the court? From the implication of that which is stated: “You shall not follow a multitude to convict” (Exodus 23:2), I would derive that I may not convict a person on the basis of a majority but I should follow the majority to exonerate. If so, why is it stated in the same verse: “To incline after a multitude,” from which it can be understood that the majority is followed in all cases? In order to resolve the apparent contradiction it must be explained: Your inclination after the majority to exonerate is not like your inclination after the majority to convict. Your inclination after the majority to exonerate can result in a verdict by a majority of one judge. But your inclination after the majority to convict a transgressor must be by a more decisive majority of at least two. Therefore, the court must have at least twenty-two judges. And since there is a principle that a court may not be composed of an even number of judges, as such a court may be unable to reach a decision, therefore they add another one to them, and there are twenty-three judges here. And how many men must be in the city for it to be eligible for a lesser Sanhedrin? One hundred and twenty. Rabbi Neḥemya says: Two hundred and thirty, corresponding to the ministers of tens, as outlined by Moses and Yitro in the wilderness (Exodus, chapter 18). That is to say, each member of the Sanhedrin can be viewed as a judge with responsibility for ten residents. If there are not enough men in the city to enable this calculation, it would not be honorable to appoint a Sanhedrin, as their members will each preside over less than the minimum of ten residents.

(1) The High Priest judges others if he is sufficiently wise, and others judge him when he transgresses. He testifies before the court and others testify concerning him. He performs ḥalitza with his brother’s widow and his brother performs ḥalitza with his wife; and his brother consummates levirate marriage with his wife. But he does not consummate levirate marriage with his brother’s widow, because it is prohibited for him to marry a widow (see Leviticus 21:14), and can therefore never fulfill the mitzva of levirate marriage, as a yevama is by definition a widow. If a relative of the High Priest dies, he does not follow the bier carrying the corpse, since it is prohibited for the High Priest to become ritually impure even for immediate relatives (see Leviticus 21:11). Rather, once the members of the funeral procession are concealed from sight by turning onto another street, he is revealed on the street they departed, and when they are revealed, then he is concealed, and in this way, he goes out with them until the entrance of the gate of the city, from where they would take out the corpse, since the dead were not buried in Jerusalem. This is the statement of Rabbi Meir. Rabbi Yehuda says: He does not emerge from the Temple at all for the burial of his relatives, as it is stated: “And from the Temple he shall not emerge and will not desecrate the Temple of his God; for the separateness of the oil of the anointment of his God is on him” (Leviticus 21:12). The mishna continues: And when he consoles others in their mourning when they return from burial, the way of all the people is that they pass by one after another and the mourners stand in a line and are consoled, and the appointed person stands in the middle, between the High Priest and the people. And when he is consoled by others in his mourning, all the people say to him: We are your atonement. And he says to them: May you be blessed from Heaven. And when they comfort him with the first meal after the burial of one of his relatives, all the people recline on the ground as if they are taking his mourning on themselves, and he reclines on the bench out of respect for his status as High Priest.

(2) The mishna continues, enumerating the halakhot pertaining to the king in similar matters: The king does not judge others as a member of a court and others do not judge him, he does not testify and others do not testify concerning him, he does not perform ḥalitza with his brother’s widow and his brother does not perform ḥalitza with his wife, and he does not consummate levirate marriage with his brother’s widow and his brother does not consummate levirate marriage with his wife, as all these actions are not fitting to the honor of his office. Rabbi Yehuda says: These are not restrictions, but his prerogative: If he desired to perform ḥalitza or to consummate levirate marriage, he is remembered for good, as this is to the benefit of his brother’s widow. The Sages said to him: They do not listen to him if he desires to do so, as this affects not only his own honor but that of the kingdom. And no one may marry a king’s widow, due to his honor. Rabbi Yehuda says: Another king may marry the widow of a king, as we found that King David married the widow of King Saul, as it is stated: “And I have given you the house of your master and the wives of your master in your bosom” (II Samuel 12:8).

(3) If a relative of the king dies, he does not emerge from the entrance of his palace [palterin], as it does not befit one of his stature to accompany the deceased. Rabbi Yehuda says: If he wishes to follow the bier, he follows it, as that is what we found with regard to King David, who followed the bier of Abner. As it is stated: “And King David followed the bier” (II Samuel 3:31). The Sages said to Rabbi Yehuda: The matter was only to appease the people, so that they should not suspect David of ordering Abner’s death. And when the people comfort the king with the meal of comfort, all the people recline on the ground, and he reclines on the dargash.

(4) And the king brings out people for conscription in an optional war, i.e., a war that is not mandated by the Torah and is not a war of defense, on the basis of a court of seventy-one, and breaches fences of anyone in his way to create a pathway for himself for his various needs, and no one can protest his power. The pathway of the king has no measure, neither lengthwise nor widthwise, and one cannot protest that this pathway is wider than necessary. And all the people take spoils in war and give them to him, and he takes the first portion of the spoils. mishna The king “shall not add many wives for himself” (Deuteronomy 17:17), but only eighteen. Rabbi Yehuda says: He may add many wives for himself, provided that they are not like those who turn his heart away from reverence for God. Rabbi Shimon says: Even if he wants to marry only one wife, if she turns his heart away, he should not marry her. If so, why is it stated: “He shall not add many wives for himself”? This teaches that even if his wives are like Abigail, who was righteous and prevented David from sin (see I Samuel, chapter 25), it is prohibited for him to have many wives. The king “shall not accumulate many horses for himself” (Deuteronomy 17:16), but only enough for his chariot in war and in peace. “Neither shall he greatly accumulate silver and gold for himself” (Deuteronomy 17:17), but only enough to provide his soldiers’ sustenance [aspanya]. And the king writes himself a Torah scroll for his sake, as stipulated in Deuteronomy 17:18. When he goes out to war, he brings it out with him. When he comes in from war, he brings it in with him. When he sits in judgment, it is with him. When he reclines to eat, it is opposite him, as it is stated: “And it shall be with him and he shall read it all the days of his life” (Deuteronomy 17:19).

(5) One may not ride on the king’s horse, and one may not sit on his throne, and one may not use his scepter, and one may not see him when he is having his hair cut, nor when he is naked, nor when he is in the bathhouse, as it is stated: “You shall set a king over you” (Deuteronomy 17:15), meaning, ensure that his fear should be upon you. All of these actions would lessen one’s fear of and reverence for the king.

(1) Four types of the death penalty were given over to the court, with which those who committed certain transgressions are executed. They are, in descending order of severity: Stoning, burning, killing by decapitation, and strangulation. Rabbi Shimon says: They are, in descending order of severity: Burning, stoning, strangulation, and killing. This execution, described in the previous chapter, is referring to the mitzva of those who are stoned, i.e., to the process of execution by stoning.

(1) If a court erroneously issued a ruling permitting the Jewish people to violate one of all the mitzvot that are stated in the Torah, and an individual proceeded and performed that transgression unwittingly on the basis of the court’s ruling, then whether the judges performed the transgression and he performed it with them, or whether the judges performed the transgression and he performed it after them, or whether the judges did not perform the transgression and he performed it alone, in all these cases the individual is exempt from bringing an offering. This is due to the fact that he associated his action with the ruling of the court. If the court issued a ruling and one of the judges knew that they erred, despite the fact that the majority ruled against his opinion, or if he was a student and he was qualified to issue halakhic rulings, and that judge or student proceeded and performed that transgression on the basis of its ruling, then whether the judges performed the transgression and he performed it with them, or whether the judges performed the transgression and he performed it after them, or whether the judges did not perform the transgression and he performed it alone, in all these cases, the judge or the student is liable to bring an offering. This is due to the fact that he did not associate his action with the ruling of the court. This is the principle: One who associates his action with himself is liable, and one who associates his action with the ruling of the court is exempt.

(13) With regard to one who lends money to another and the debtor fails to repay it at the end of the term of the loan, the creditor may take collateral from him to ensure payment only by means of an agent of the court, not of his own accord. And he may not enter the debtor’s house to take his collateral, as it is stated: “When you lend your neighbor any manner of loan, you shall not go into his house to take his collateral. You shall stand outside, and the man to whom you lend shall bring forth the collateral to you outside” (Deuteronomy 24:10–11). If the debtor had two utensils of the same kind, the creditor takes one and leaves the other one in the debtor’s possession. And in addition, the creditor must return a pillow at night, as the debtor requires it for sleeping, and a plow, which is needed for his daytime work, by day. If the debtor died, he is not required to return it to the debtor’s heirs. Rabban Shimon ben Gamliel says: Even to the debtor himself he needs to return the collateral each day only until thirty days have passed, and from thirty days onward, the creditor can sell them in court, with the proceeds going toward payment of the debt. One who takes a millstone as collateral violates a prohibition, and he is liable for taking two vessels, i.e., both millstones in the pair, as it is stated: “He shall not take the lower or upper millstone as collateral” (Deuteronomy 24:6). The tanna adds: Not only did the Sages say that it is prohibited to take the lower or upper millstone as collateral, but they also said that one may not take anything that people use in the preparation of food [okhel nefesh], as it is stated: “For he takes a man’s life [nefesh] as collateral” (Deuteronomy 24:6).

(1) On the 15th of this [of month Adar] - the officials of the court go out and repair the roads and streets that have been hollowed during the rainy season, [this happens] a time before the holiday, just before the pilgrims, so that these will be ready for the three pilgrims.

(2) On the 15th of this [month] the officials of the court go and dig wells, cisterns, caves, and fix the basins and aqueducts of water. Any pool of water that has 40 sea [water] in it is suitable for making an [ritual] immersion bath. But in every pool of water in which there aren't 40 seas [water], one must lead a water channel and fill it up to 40 Sea, so that it becomes suitable for making a [ritual] immersion bath

(3) On the 15th of this [month] the officials of the court go out and declare the mixed crops as ownerless, For what the court has declared as ownerless is considered ownerless and is exempt from the tithes. If [a] man found mixed crops in a vineyard, it is lawful as "robbery" and free from tithes; but is in the field it is forbidden as "robbery" and he is obliged to pay tithes.

(4) On the 15th of this [month] the officials of the court go and mark the place of uncleanness lest the people stumble.

(5) One marks neither a clod of earth nor a fence, but [only] a [solid] stone. On does not set the marking in a place of uncleanness but in a place of purity, and whoever tents it is unclean. If he had found one marked stone, although one it is not done so, whoever tents [the place] between them is unclean, but above them - he is clean. One does not mark for [a piece of] flesh from a dead man, nor for a bone from a dead man, for they do not defile because of tent [impurity]; rather one marks only for the vertebral column and the skull, because they defile because of tent [impurity].

(6) From the time they sat in the temple, they began to pawn. The Israelites were impounded for their shekels, with, of them the congregational sacrifices would be offered from. A parable[: What is this like?] for one who developed an ulcer on his leg; and a doctor tied him up and made an incision on his leg to heal it. So also said the Holy One, blessed be He: The Israelites shall be taken in pledge because of their shekels, those congregational sacrifices may be offered by them, for congregational sacrifices bring atonement and reconciliation between the Israelites and their Father who is in heaven. And likewise, we find in the offering of the Shekels that the Israelites paid in the desert, for it says: "And you shall taketh money of atonement from the children of Israel", etc.

(7) It is lawful to buy congregational sacrifices from Gentiles for money. And one may accept from burnt offerings and peace offerings, poultry, and grain offerings, wood, frankincense and salt [These are] words of R. Akiba. R. Jose the Galilean said to him: Even if you spend all day in interpreting the scripture [you will not find any proof of it]; one accepts only burnt offerings and peace offerings from them, but one does not accept a voluntary donation for the dedication of the temple repair fund; but if they have [already] consecrated it, their consecration is [valid] consecration.

(8) Guardians who have paid the shekel for infants - they are obliged to pay an agio. Whoever pays a shekel [piece] is obliged to pay an agio. [These are] words of R. Me'ir; but the sages say: Whoever pays a shekel [piece] is free of paying an agio. Whoever pays two denarii [as a shekel tax] is liable to an agio, Whoever has given a sela to [recieve as surplus] a shekel is liable to 2 agios, [These are] words of R. Me'ir; but the sages say: just one agio. How much is [the] agio? [Answer] A Silber-Ma'a, [this is] the 24th part of a Sela [these are the] words of R. Me'ir; but the [other] sages say: Half a Ma'a of four Issar. What happened to these agios? They came to the Shekel [These are the] words of R Me'ir. R El'azar says: [They were considered] a voluntary donation. R Shimon Schezori says: [They were used for the] gold plates for cladding of the temple. Ben Azzai says: The money changers took them as their wages.

(9) If he set aside [a particular coin for] his shekels [tax] and it was lost, he then set aside another in its place, but had not yet offered it when the first one was found, so both count as shekels [tax]; the first goes to the new, and the second goes to the old.

(10) If [one] has set aside [a certain coin for] his shekel [tax] and spent it, he has committed embezzlement. If he spends [the coin for] another's shekel [tax], then he has committed embezzlement. If he bought for it the two doves of the male sufferers from gonorrhea, the two doves of female sufferers from flux, or the two doves of women who have recently given birth, his sin offering or his Passover offering or his reparation sacrifice, or [one pays the shekel [tax] which he [takes] from the temple property, because he bought [something] for it, embezzlement has been committed, [These are] words R. Shimon; but the sages say: He has not committed embezzlement until the blood has been sprinkled.

(11) One may not bring grain offerings, libations, a grain offering of thanksgiving, and bread of thanksgiving, from Tevel, or from the heave, and from the first tithe whose heave was not yet taken, and from the second tithe things sanctified that have not yet been redeemed, from things mixed, from new produce, and from seven-year fruit. But if [they] have been offered, they are not considered holy and it need not be said [that they are not to be offered] from orlah and mixed seed [kilayim] from a vineyard.

(12) The surplus of wine [is to be] used for wine, the surplus of oil for oil, the surplus of salt for salt, the surplus of wood for wood, the surplus of incense for incense, the surplus of [frankincense] husks for [frankincense] husks, the surplus of lepers for lepers, and the surplus of Nazireans for Nazireans; if he said: "This is for this one Nazirean" or: "For this leper" then their surplus is a donation. The surplus of poor [is to be] for the poor, the surplus of captives for captives; but if he has said: "For this poor man" or: "For this prisoner", then their surplus belongs to him. The surplus of the dead [is to be] used for the dead; a dead man's surplus is for his heirs. R.Me'ir says: The surplus of a dead man is to be put aside until Elijah comes. R. Natan says [Of] a dead man's surplus, a memorial is built on his grave, or perfumes his bier. One must not spend [money collected for a certain] article of clothing on another article of clothing, and one may not ransom a prisoner in place of another prisoner, however, one may not offend the stewards regarding this matter.

(8) Whenever a Sanhedrin, a king, or an exilarch appoints a judge who is not fitting and/or is not learned in the wisdom of the Torah and is not suitable to be a judge - even if he is entirely a delight and possesses other positive qualities - the person who appoints him violates a negative commandment, as Deuteronomy 1:17 states: "Do not show favoritism in judgment." According to the Oral Tradition, we learned that this command is addressed to those who appoint judges.
Our Sages declare: "Perhaps a person will say: 'So and so is attractive, I will appoint him as a judge,' 'So and so is strong, I will appoint him as a judge,' 'So and so is my relative, I will appoint him as a judge,' or "So and so knows all the languages, I will appoint him as a judge.' This will lead to those who are liable being vindicated and those who should be vindicated held liable, not because the judge is wicked, but because he does not know Torah law. Therefore the Torah states: "Do not show favoritism in judgment."
Our Sages also declare: "Whoever appoints a judge who is not appropriate for the Jewish people is considered as if he erected a monument, as implied by Deuteronomy 16:22: "Do not erect a monument which is hated by God, your Lord." If he is appointed instead of a Torah scholar, it is as if one planted an asherah, as Ibid.:21 states: "Do not plant an asherah or any other tree next to God's altar."
And our Sages interpreted Exodus 20:20: "Do not make gods of silver and gods of gold together with Me" to mean "Do not appoint a judge because of silver and gold." This refers to a judge who was appointed because of his wealth alone.

(1) A king may not be enthroned except by the High Court of 71 judges. A minor Sanhedrin for every tribe and every city may be appointed only by the High Court of 71 judges. A tribe that has been led to apostasy in its entirety, a false prophet, or a case in which the High Priest might be liable for capital punishment, may be judged only by the High Court of 71 judges. Financial cases involving a High Priest, by contrast, may be adjudicated by a court of three.
Similarly, the determination of a rebellious elder or a city led to apostasy and the decision to cause a woman suspected of adultery to drink the waters which test her may only be done by the High Court. Similarly, the decisions to extend the city limits of Jerusalem and the limits of the Temple Courtyard, to enter a voluntary war, and to measure the distance between a corpse and the nearby cities may be done only by the High Court of 71 judges. These concepts are derived from Exodus 18:22: "All the major matters will be brought to you."