TB Sanhedrin 23 discusses how a court three for monetary cases is constructed. “The Sages in the West, Eretz Yisrael, say in the name of Rabbi Zeira: As result of the fact that this litigant chooses one judge for himself, and that litigant chooses one judge for himself, and the two litigants choose one more judge for themselves, the true judgment will emerge (יֵצֵא הַדִּין לַאֲמִיתּוֹ).”
Rashi and the Rosh disagree how to interpret the phrase “true judgment will emerge.” Rashi explains that when choosing judge, the litigant will know he has an advocate who will put forward judgment in his favor. This explanation is difficult for Rosh. A judge is supposed to be impartial and abide by the rule of law. He is not an advocate. He explains that choosing a judge psychologically helps the litigant accept the eventual outcome. When the three judges deliberate the pros and cons of each position, they will listen carefully to each other and ultimately decide the true judgment.
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