I speak to your shame
Not that they did set such persons to judge, but that they did not; and instead of so doing went to law with their brethren before the unjust:
is it so that there is not a wise man among you?
this also the apostle speaks to their shame, who had so much gloried in their wisdom, and boasted of their parts and abilities to the contempt of others, and even of the apostle himself; and yet acted as if there was not a wise man among them capable of judging and determining trivial matters, but they must carry them before unconverted persons:
no not one that shall be able to judge between his brethren?
for though the above mentioned benches consisted of three persons, yet the contending parties might choose one man to be an arbitrator and judge between them. The rule with the Jews was this F6;
``pecuniary judgments are by three, but if he is authorised or approved by the majority, (ydyxy wlypa Nd) , "he may judge alone". Says R. Nachman, as I judge pecuniary judgments alone; and so says R. Chaijah, as I judge pecuniary punishments alone.''
F6 T. Bab. Sanhed. fol. 5. 1. Maimon. Hilch. Sanhed. c. 5. sect. 8.