Commentary for Kiddushin 147:3
לא צריכא דקריע זכותייהו וניהדר ונידיינינהו בשודא דדייני
- This arises only if their judgment writ was torn. Then let us rejudge them? - [It is a case of] the judges' discretion.<span class="x" onmousemove="('comment',' Where the verdict cannot be determined by reference to any law, the judge must use his own discretion, v. Keth. 85b. In such a case we cannot be certain that a re-trial will give the same verdict.');"><sup>3</sup></span> R'Nahman said: Three are believed with respect to a first-born.
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