Bava Batra 114a — the Talmud in English

But

if they entered to visit him

at night, even three

only

write

testimony

, and do not adjudicate

even when day has dawned.

What is the reason?

Because

for

at the time of their entering

they become witnesses.

For they cannot adjudicate at night

and

on the following day, when they come to adjudicate, they cannot adjudicate on the basis of their seeing at night, because

a witness does not 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.]

Rabbah bar Hanina said to him

to Abaye

, “Yes! That is precisely what I was saying.” [

Indeed, this was my intention in what I said].

It was stated,

the amoraim, the sages of the Gemara period, discussed the following matter in the beit midrash, the house of study]: When one transfers to another

an acquisition

of any kind, such as a gift ,

until when does he retract

from his acquisition and cancel it ?

Rabbah said: As long as they are sitting

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

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

of that gift, he can retract from it.

Rav Yosef said: My view is more reasonable

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

. For

indeed

Rav Judah said: “Three who entered to visit the sick man,

and he came to divide his assets by way of the gift of a person dangerously ill, through an acquisition,

if they wished, they write

testimony,

if they wished, they adjudicate,

and divide the assets absolutely, so that the heirs will not be able to divide them in another manner.”

And it follows that, at that same sitting, even if they are still sitting, they can render a complete judgment.

And if it enters your mind

in accordance with Rabbah’s words, that he can retract from his gift

as long as they are sitting,

how can they render a certain judgment

? Perhaps he retracts

while they are sitting ?

Rav Ashi said: I related the matter before Rav Kahana,

[I brought the above argument before Rav Kahana]

and

I challenged him:

“For Rav Yosef, is it satisfactory?! And let us be concerned that perhaps he retracts

when they will be occupied with that matter?”