Sefer HaChinuch ספר החינוך

The commandment of inclining towards the many: To incline towards the many, and that is when there arises a disagreement among the sages in a law of all the Torah laws, and so too in a private case. Meaning to say, a case that would be between Reuven and Shimon, for example — when there would be a disagreement between the judges of their city, that some of them rule guilty and some rule innocent, to always go after the majority; as it is stated (Exodus 32:2), “to incline towards the many.” And in the elucidation, they, may their memory be blessed, said (Chullin 11a), “The majority is by writ of the Torah.” And this choice of the majority appears to be when the two opposing groups are equally known for their Torah wisdom — as it cannot be said that a small group of sages would not be decisive against a great group of ignoramuses, and even like [the number] that went out from Egypt. But with approximately equal wisdom, the Torah informed us that the many opinions will always conform to the truth more than the minority. But whether — according to the opinion of the listener — they agree to the truth or they do not agree to the truth, logic dictates that we do not swerve from the path of the majority. And that which I say that the choice of the majority is always with two groups that disagree that are equal in the wisdom of truth is said so about every place except for the Sanhedrin. As with them, we are not exacting when they disagree as to which group knows more; but rather we always do like the words of their majority. And the reason is because they had an obligatory number [of people] by writ of the Torah; and it is as if the Torah explicitly commanded, “Do all of your matters according to the majority of these” — and also as they were all great sages.

It is from the roots of the commandment that we were commanded through this to strengthen the fulfillment of our religion. As if we were commanded, “Keep the Torah, according to how you are able to understand its intended truth,” each and every one in Israel would say, “It follows from my opinion that the truth of matter x is such.” And [so,] even if the whole world would say its opposite, he would not be allowed to do the matter contrary to the truth, according to his opinion. And destruction would come from this, as the Torah would turn into many Torahs — since every one would judge according to the poverty of his [own] opinion. But now that we have been explicitly commanded to accept the opinion of the sages about it, there is one Torah for all of us, and its performance is great through this. And we may not budge from their opinion, whatever the case. And so, in our doing their commandments, we are executing the commandments of God. And even if the sages sometimes do not reach [come to] the truth — God forbid — the sin will be upon them and not upon us. And this is the matter that they, may their memory be blessed, said in Horayot 2a that [if] a court erred in a ruling and an individual acted upon their [word], they have liability for a sacrifice, [while] the individual does not at all, except in the [cases] that are explained there.

The laws of the commandment are, for example, the differences that there is about this majority if it is in monetary cases or capital cases — as capital cases require that the majority be more distinct; how many people we need for capital cases, whereby we are commanded to follow the words of the majority and [that] it is not fit to kill a man with two judges, which are a majority, against one. So [too,] that which they, may their memory be blessed, said (Sanhedrin 37a) that those that make a majority in capital cases must also be ordained, and that ordination testifies about them that they are wise, understanding and fit, [such] that everything should be done through them. And [this is so] that we not kill people through people lacking wisdom, lest they err in judgment — as there is no repayment for the death penalty. And that those that advocate innocence in capital cases may not go back and advocate guilt and that it is not so in monetary cases; that we open with innocence in capital cases, and behold, the one who opened like this is removed from the group advocating guilt; and that anyone may advocate innocence, whether a teacher or a student. And the rest of its details are elucidated at the end of Sanhedrin.

And [it] is practiced in every place and at all times by males and females. And one that transgresses it and did not incline towards them has violated a positive commandment; and his punishment is very great, as [this] is the pillar upon which the Torah rests.