The Halacha seems to be that, even if there are 2 kosher edim to an incident, but the Dayan knows in his heart that its all a scam, he should go with his heart and not pasken with the edim. (RMBM Hil. Sanhedrin 24:3 in the Radvaz.)
It seems that in regards to monetary matters if a dayan feels to judge a certain way regardless of whether he has witnesses or not he may judge according to his feelings. In the Rambam's words "sh'eyn hadavar mosur ele l'libo shel dayan, sh'yidon mah sh'yireh lo sh'hu din emes".(RMBM Hil Sanhedrin 24:1)
How does this fit in with our Gem of "Bikesh Koheles lodun dinin shebelev"?
What bothers me the most I think is that in Shlomo's case he's told "Don't use 'lev'(wisdom?). while by the dayanim we are told that judgement is given over to the 'libo' shel dayan.
Thank you for your patience
alex lebovits, toronto, canada
The Rambam refers only to monetary matters. The Rambam in Sanhedrin (20:1) says clearly that corporal punishment needs witnesses. Our Gemara does not refer to monetary matters, rather to corporal punishment, as it mentions Hasra'ah.
Dov Freedman