Commentary for Bava Batra 227:1

אבל בלילה אפילו שלשה כותבין ואין עושין דין מאי טעמא דהוו להו עדים ואין עד נעשה דיין אמר ליה אין הכי נמי קאמינא:

at night, however, even three [persons] may [only] write down [instructions] but are not [permitted] to constitute themselves into a court.<span class="x" onmousemove="('comment',' Even on the following day. ');">¹</span> What is the reason? Because they have become witnesses,<span class="x" onmousemove="('comment',' At night, when listening to the testator's instructions, they were unqualified to act as judges and have thus inevitably become witnesses. cf. 469, n. 14. ');">²</span> and a witness may not act as a judge'.<span class="x" onmousemove="('comment',' Thus it has been proved that matters of inheritance, like other civil law cases, require a law court of three and may be heard in the day-time only. ');">³</span> — He said unto him: 'Yes, I indeed mean the same'.<span class="x" onmousemove="('comment',' Lit., 'I say so also'. ');">⁴</span> It was stated: [With regard to symbolical] acquisition,<span class="x" onmousemove="('comment',' Symbolical acquisition is one of the forms of binding a party or parties to an agreement or an arrangement it is effected by handing over a scarf or some similar object is the person whose word thus becomes legally confirmed. V. Halifin, v. Glos. s. v. ');">⁵</span>

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