Yechiel Michel Epstein

“ Each city of 120 inhabitants is also enjoined to have a court of twenty three members, as the Torah states 'Establish judgment in the gate'. Here too the greatest in wisdom is appointed the head and they all sit in a semi-circle in clear view of the head of the court. A city of less than 120 inhabitants appoints a court of three judges as that is the minimum possible to enable a majority and minority opinion. ”

“ A simple court of 3 members certainly should be set up in each town, as it does not make sense to force people to travel to a district's capital city for every dispute. Interestingly, the words of the Rambam seem to indicate that outside the land there should be a court in every city, while a district court is not necessary. ”

“ Section 23 The Rambam writes in chapter 2 of the laws of the court that a Great Court of 72 members or a 23-member court both require men of wisdom, understanding, and encyclopedic knowledge of Torah law. In addition, they must be men of general understanding, being familiar with various branches of knowledge such as medicine, mathematics, astronomy and seasons, the various schemes and skills of those claiming supernatural abilities, as well as the popular culture among the nations in order to be able to understand the scientific and cultural context of cases that come before them. ”

“ The rabbis expound from the verse "This is the law that you should place before them" that there is requirement to have basic implements representing the court's ability to use force present in a court. ”

“ Section 20 Optimally, a 23 member court requires even more than 23 members. Three rows of 23 sages each sit before the court, and in each row the sages are seated according to their knowledge, so that the lowest of each row is greater than the greatest of the following row. If the court should be divided on a matter and another opinion is needed to make a majority of two they ordain the wisest of the first row. He leaves his place at the first row and joins the seated judges, while his seat is filled by his neighbor on the first row. ”

“ The seizure of a fine from orphans of a defendant is never upheld (Nisevos ha'Mishpat) because the moveable property of an orphan is never held on lien for a creditor except in certain cases promulgated by the Gaonim (Post-Talmud generation) which will be explained in chapter 107.
Section 9 If the defendant should take back what was seized there are two opinions on the matter. The Nesivos ha'Mishpat argues that the money is not returned to the claimant, for the court to order its return is equivalent to enforcing fines. ”

“ Section 3 When a man wounds another he is not assessed for bodily damage, pain, social diminution or embarassment, since all these do not involve a loss of money. Even though bodily damage might be said to involve loss of value, it is not common for bodily damage to be permanent in most cases, as the rabbis explain (Baba Kama 84.2) "A man damaging a man is not assessed in the Exile because it is not common". We know in fact that violence and embarassment do happen, but the Rabbis are referring to permanent damage. ”

“ Furthermore, it seems to me that all these people must be age twenty or greater, and all the judges and the three rows of sages should not be exceedingly aged, impotent or otherwise without children because these states render a person invalid for appointment for the court, as will be explained. ”

“ Similarly, we arrange divorces when the need arises to protect the daughters of Israel.
Finally, ordained judges are only required when the court has legal sovereignty over the community. If individuals should seek out a judge of their own accord, ordination is not required.
Section 2 In the current era the court hears cases involving admissions and loans, as when a claimant brings witnesses that testify that the defendant admitted completely that he owes the claimant money (as will be explained in chapter 81) . ”

“ Even though damage or death to persons cannot be assessed the court can enjoin the owner to dispose of the animal, in accordance with the law stated later in chapter 409 whose source is Yorah Deah Chapter 334.
Section 4 Cases regarding theft and robbery are currently heard in court in regard to collecting the principle amount, though fines of double - "Kayfel" and the forth and fifth multiple - "Arba-a v'Chmisha" are not. In general, all fines established by the Rabbis, such as those for shouting in one's ear (non striking damage) [?] or slapping one across the face and such are not assessed. ”

“ Thus far the total number of citizens is 114. Add to this sum 2 communal charity collectors, and 1 more charity service worker to help distribute the funds, (as communal charity drives are collected by two and distributed by three (Yorah Deah, chapter 256) ) , 1 experienced full-time doctor, 1 tailor, and 1 teacher of young children. ”