The Laws › Commandment #141
Commandment #141 · Positive · Courts & Justice

If There Arise a Matter Too Hard for Thee: The Great Sanhedrin

סַנְהֶדְרִין
Source: Deuteronomy 17:8  ·  Maimonides, Sefer HaMitzvot, Positive #141

Deuteronomy 17 looks ahead to a settled Israel, with cities and local courts of its own — and acknowledges that some disputes will be too difficult for those courts to settle. 'If there arise a matter too hard for thee in judgment... then shalt thou arise, and get thee up into the place which the LORD thy God shall choose' (Deuteronomy 17:8). This commandment establishes a national supreme court — the institution later tradition calls the Great Sanhedrin — whose rulings bind every judge and every Israelite, with 'not decline... to the right hand, nor to the left' (Deuteronomy 17:11). Its roots reach back to the wilderness, when Moses first shared his judicial burden with seventy elders (Numbers 11:16-17), and its structure outlived the monarchy: centuries later, King Jehoshaphat reestablished the same framework in Jerusalem (2 Chronicles 19:8).

Between Blood and Blood, Between Plea and Plea

כִּי יִפָּלֵא מִמְּךָ דָבָר לַמִּשְׁפָּט בֵּין דָּם לְדָם בֵּין דִּין לְדִין וּבֵין נֶגַע לָנֶגַע דִּבְרֵי רִיבֹת בִּשְׁעָרֶיךָ וְקַמְתָּ וְעָלִיתָ אֶל הַמָּקוֹם אֲשֶׁר יִבְחַר יְהוָה אֱלֹהֶיךָ בּוֹ
"If there arise a matter too hard for thee in judgment, between blood and blood, between plea and plea, and between stroke and stroke, being matters of controversy within thy gates: then shalt thou arise, and get thee up into the place which the LORD thy God shall choose;"
וּבָאתָ אֶל הַכֹּהֲנִים הַלְוִיִּם וְאֶל הַשֹּׁפֵט אֲשֶׁר יִהְיֶה בַּיָּמִים הָהֵם וְדָרַשְׁתָּ וְהִגִּידוּ לְךָ אֵת דְּבַר הַמִּשְׁפָּט
"And thou shalt come unto the priests the Levites, and unto the judge that shall be in those days, and enquire; and they shall shew thee the sentence of judgment:"

Deuteronomy 17 imagines Israel settled in its land, with 'cities' (v.8) and local courts already functioning — yet it concedes in advance that some cases will exceed those courts' competence. The text names three categories with deliberate breadth: 'between blood and blood' covers capital cases and questions of bloodguilt; 'between plea and plea' covers ordinary civil disputes; and 'between stroke and stroke' covers the priestly diagnosis of skin afflictions (tzaraat) that determined ritual purity. Together these three pairs span criminal law, civil law, and ritual law — the full range of disputes a community's courts could face.

When such a case arises, the local judges are not left to guess at an answer. The law commands them to 'arise, and get thee up into the place which the LORD thy God shall choose' (Deuteronomy 17:8), and there to 'come unto the priests the Levites, and unto the judge that shall be in those days' (Deuteronomy 17:9). Pairing priestly and judicial authority in a single body is the seed of what later tradition would call the Great Sanhedrin — a court drawing on both Israel's legal expertise and its priestly knowledge of the law's ritual dimensions.

According to the Sentence of the Law

וְעָשִׂיתָ עַל פִּי הַדָּבָר אֲשֶׁר יַגִּידוּ לְךָ מִן הַמָּקוֹם הַהוּא אֲשֶׁר יִבְחַר יְהוָה וְשָׁמַרְתָּ לַעֲשׂוֹת כְּכֹל אֲשֶׁר יוֹרוּךָ
"And thou shalt do according to the sentence, which they of that place which the LORD shall choose shall shew thee; and thou shalt observe to do according to all that they inform thee:"
עַל פִּי הַתּוֹרָה אֲשֶׁר יוֹרוּךָ וְעַל הַמִּשְׁפָּט אֲשֶׁר יֹאמְרוּ לְךָ תַּעֲשֶׂה לֹא תָסוּר מִן הַדָּבָר אֲשֶׁר יַגִּידוּ לְךָ יָמִין וּשְׂמֹאל
"According to the sentence of the law which they shall teach thee, and according to the judgment which they shall tell thee, thou shalt do: thou shalt not decline from the sentence which they shall shew thee, to the right hand, nor to the left."

Having sent the hard case up to the central court, the Torah immediately closes the loop: 'thou shalt do according to the sentence... and thou shalt observe to do according to all that they inform thee' (Deuteronomy 17:10). There is no provision for a local court to overrule, delay, or quietly reinterpret the high court's ruling once it has been given. The system only works if the final word is actually final.

Deuteronomy 17:11 drives the point home with a phrase that recurs throughout the book: judges 'shall not decline from the sentence... to the right hand, nor to the left.' Elsewhere in Deuteronomy this same phrase describes Israel's required devotion to the whole law (Deuteronomy 5:32). Applying it here to a human court's verdict gives the Sanhedrin's rulings the weight of Torah itself — and places an enormous responsibility on the judges who sit there, since their decisions carry that same binding force for the whole nation.

Gather Unto Me Seventy Men of the Elders

וַיֹּאמֶר יְהוָה אֶל מֹשֶׁה אֶסְפָה לִּי שִׁבְעִים אִישׁ מִזִּקְנֵי יִשְׂרָאֵל אֲשֶׁר יָדַעְתָּ כִּי הֵם זִקְנֵי הָעָם וְשֹׁטְרָיו וְלָקַחְתָּ אֹתָם אֶל אֹהֶל מוֹעֵד וְהִתְיַצְּבוּ שָׁם עִמָּךְ
"And the LORD said unto Moses, Gather unto me seventy men of the elders of Israel, whom thou knowest to be the elders of the people, and officers over them; and bring them unto the tabernacle of the congregation, that they may stand there with thee."
וְיָרַדְתִּי וְדִבַּרְתִּי עִמְּךָ שָׁם וְאָצַלְתִּי מִן הָרוּחַ אֲשֶׁר עָלֶיךָ וְשַׂמְתִּי עֲלֵיהֶם וְנָשְׂאוּ אִתְּךָ בְּמַשָּׂא הָעָם וְלֹא תִשָּׂא אַתָּה לְבַדֶּךָ
"And I will come down and talk with thee there: and I will take of the spirit which is upon thee, and will put it upon them; and they shall bear the burden of the people with thee, that thou bear it not thyself alone."

The idea of a central judicial body did not begin in Deuteronomy. Generations earlier, in the wilderness, Moses had been judging every dispute in Israel alone — and the burden was crushing him. God's answer was not to give Moses more strength, but to multiply leadership: 'Gather unto me seventy men of the elders of Israel... that they may stand there with thee' (Numbers 11:16). God promised to place His own Spirit on these seventy so that they could 'bear the burden of the people' alongside Moses (Numbers 11:17).

Moses plus these seventy elders make seventy-one — the traditional size of the Great Sanhedrin described in Deuteronomy 17. The institution was not invented from nothing when Israel reached the land; it grew out of a structure God had already established in the wilderness. And it did not stay buried in the past: centuries later, King Jehoshaphat 'set of the Levites, and of the priests, and of the chief of the fathers of Israel, for the judgment of the LORD, and for controversies' in Jerusalem (2 Chronicles 19:8) — the same kind of central court, rebuilt for a new generation.

Key Figures

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Moses
Carried the full weight of Israel's disputes alone until God commanded him to gather seventy elders (Num 11:16-17) and share the burden — the founding moment of Israel's collective judiciary, generations before any king or central court existed in the land.
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Jehoshaphat
King of Judah who, after a wave of religious reform, set judges throughout the land and established a central court 'for the judgment of the LORD, and for controversies' in Jerusalem (2 Chr 19:8) — proof that Deuteronomy 17's structure was a living institution, rebuilt across centuries.

Study Questions

For reflection and group study
What three categories of 'matters too hard' does Deuteronomy 17:8 name, and what do they have in common?
Why does Deuteronomy 17:9 send the difficult case to 'the priests the Levites' as well as 'the judge'?
What does Deuteronomy 17:11's warning against turning 'to the right hand, nor to the left' protect against?
How does Numbers 11:16-17 explain where the seventy-elder structure of the Sanhedrin came from?
What does Jehoshaphat's reform in 2 Chronicles 19 suggest about how often Israel's courts needed rebuilding?

Read the full passage establishing Israel's supreme court in the Torah reader.

Open Deuteronomy 17 in the Torah Reader