ABSTRACT

This chapter focuses on the legally required numerical composition of the courts and on the effects of proceedings conducted before tribunals not constituted in accordance with these requirements. It presents an analysis of cases of robbery and mayhem since these constitute the source for the Torah requirement regarding the composition of courts. The chapter then traces the development of the law in commercial cases in which the requirement of ordained judges in courts of three was gradually relaxed. It concludes with an explanation of why Jewish law recommends that, even when he is authorized to do so, an expert judge should not sit in judgment by himself. Rather, he should strive to have other judges join with him, even if his authority to judge alone is accepted by the litigants. Indeed, courts of three should endeavor to add additional judges whenever possible.