For the source text click/tap here: Bava Batra 35
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The Gemara on our daf raises the case of two contracts that have the same date, and there is no way of telling which one was written first. Both litigants claim that they bought the field and that it belongs to them. In such a situation, Rav says yaḥloku – they should divide the field between them; Shmuel rules shudda d’dayanei – it is left to the discretion of the judges.
Understanding the ruling of shudda d’dayanei is subject to different interpretations by the commentaries.
Rashi and the Rashbam explain that shudda d’dayanei means that the judges must do their utmost to determine which one of the two claimants is most likely right, and the property should be given to him. In our case, where the contracts seem to carry equal weight, the court will need to investigate which one the seller was friendly with and did more business with.
We explore the notion of judicial discretion.