Responsa for Ketubot 188:9
א"ל דקדים א"ל אטו בירושלים יתבינן דכתבינן שעות אלא מר מאי טעמא עבד הכי א"ל שודא דדייני
He replied, “Are we living in Jerusalem where they write hours [in deeds]?” “Then why did the Master act in this way.” He said: “I acted at the discretion of the judges.”
Teshuvot Maharam
Q. When we are confronted with a case regarding which authorities differ in their decisions, are we permitted to exercise our discretion in adjudicating such a case?
A. Only the outstanding scholar of the age and an authorized judge are permitted to exercise judicial discretion (שׁודא דדיינא) in a few cases prescribed by the Talmud. Otherwise the rule prevails that the burden of proof is upon the person seeking to collect money from his friend.
SOURCES: Cr. 274; L. 241; Mord. Ket. 243.
A. Only the outstanding scholar of the age and an authorized judge are permitted to exercise judicial discretion (שׁודא דדיינא) in a few cases prescribed by the Talmud. Otherwise the rule prevails that the burden of proof is upon the person seeking to collect money from his friend.
SOURCES: Cr. 274; L. 241; Mord. Ket. 243.
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