Bava Batra 114a (קיד.) — the Talmud in English

But

if they entered to visit him

at night, even three

only

write

testimony

, but do not render judgment

even when day has dawned.

What is the reason?

Because

when

they entered,

they were witnesses.

For they cannot render judgment at night,

and

the next day, when they come to render judgment, they cannot judge on the basis of what they saw at night, because

a witness cannot become a judge.

Rabba bar Ḥanina said to Abaye : Yes! That is precisely what I am saying. [Indeed, this was my intention by what I said.]

It was stated:

[The amoraim discussed in the beit midrash:] One who transfers to another

an act of acquisition

such as a gift,

until when may he retract

from his act of acquisition and annul it?

Rabba said: As long as they are sitting

[even if they are no longer occupied with the matter of the gift, he may retract from his gift].

Rav Yosef said: As long as they are occupied with that matter

of that gift, he may retract from it.

Rav Yosef said: It stands to reason according to my view

[it is reasonable to say in accordance with my words]

. For

indeed

Rav Yehuda said: “If three entered to visit the sick person

and he came to distribute his assets by means of a gift of a person on his deathbed, through an act of acquisition,

if they wish, they write

testimony;

if they wish, they render judgment,

and distribute the assets in a definitive manner, so that the heirs cannot distribute them differently

.”

This implies that, at that same gathering, even if they are still sitting, they may render a final judgment.

And if it enters your mind

that the view of Rabba is correct, that he may retract from his gift

".

as long as they are sitting,

how can they render a definitive judgment?

Let us be concerned that perhaps he retracts

while they are sitting?

Rav Ashi said: I presented this teaching before Rav Kahana,

[I brought the foregoing legal discussion before Rav Kahana,]

and

I challenged him:

For Rav Yosef, is it satisfactory?! And should we be concerned that perhaps he retracts

when they are occupied with that matter?

I challenged him:

For Rav Yosef, is it satisfactory?! Perhaps he will retract

when they are occupied with that matter?