Do Not Follow the Majority
Parsha Pages | February 18, 2025
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Do Not Follow the Majority

Parsha Pages | June 27, 2025

שמות כג, ב: לֹא־תִהְׁיֶּה אַחֲרֵי־רַבִים לְׁרָעֹת וְׁלֹא־תַעֲנֶּה עַל־רִ ב לִנְׁטֹת אַחֲרֵי רַבִים לְׁהַטֹת

The Sforno explains each section of the verse based on the concept (Sanhedrin 2a) that a capital case can not be decided by a majority of one. Thus the verse refers to a case where one judge is undecided but is inclined to vote per the majority because they are the majority and not because he is convinced of the merit of the decision. By so doing this judge would make the majority of two and decide the case. But he would have failed to meet his responsibility since his decision is not based on reasoning and judgment but by a desire to concur with the majority.

שמות כג, ב: לֹא־תִהְׁיֶּה אַחֲרֵי־רַבִים לְׁרָעֹת וְׁלֹא־תַעֲנֶּה עַל־רִ ב לִנְׁטֹת אַחֲרֵי רַבִים לְׁהַטֹת

The Sforno explains each section of the verse based on the concept (Sanhedrin 2a) that a capital case can not be decided by a majority of one. Thus the verse refers to a case where one judge is undecided but is inclined to vote per the majority because they are the majority and not because he is convinced of the merit of the decision. By so doing this judge would make the majority of two and decide the case. But he would have failed to meet his responsibility since his decision is not based on reasoning and judgment but by a desire to concur with the majority.

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