When litigants sign a Shtar Borrerus (Deed of Arbitration) in Beis Din, it usually states that the Dayanim are given the authority to rule either according to the strict Din or by way of Peshoroh (compromise). Why does Beis Din not rule always according to the Din?
Our shtar borrerus has a clause allowing the dayanim to rule either din or peshoroh.
Sometimes a litigant requests that it say only din.
We explain as follows:
Our Beis Din paskens din and not peshoro. (We may offer the parties a peshoro, but only if they both agree to it.)
The reason that the shtar borrerus says also peshoro is for two reasons:
1] Since we cannot be absolutely certain that our shikkul da’as is correct (if R’ Shimon bar Yochai said we do not have the wisdom to rule dinei momonos accurately nowadays, what can we add to that?), we add this in so that if we inadvertently made a slight deviation from the Halachah the ruling should be effective under the category of peshoro krovoh lodin.
2] Sometimes the din IS to pasken peshoro
But make no mistake, we intend to pasken din.