Reference for Bava Batra 226:5
וכדרב יהודה דאמר רב יהודה שלשה שנכנסו לבקר את החולה רצו כותבין רצו עושין דין שנים כותבין ואין עושין דין ואמר רב חסדא לא שנו אלא ביום
the whole section<span class="x" onmousemove="('comment',' Num. XXVII, 1-11 dealing with the laws of inheritance. ');"><sup>16</sup></span> has been proclaimed to be [of a] judicial [character].<span class="x" onmousemove="('comment',' And not of a private nature which is the concern of individuals, judicial proceedings, therefore, with respect to an inheritance must conform to the procedure relating to other civil law cases. ');"><sup>17</sup></span> And [this, in fact is] in accordance with Rab Judah who said: Three [persons] who came to visit<span class="x" onmousemove="('comment',' I.e., they did not come at the express bidding of the testator to act as witnesses. for in that case they would become unqualified to act as judges (Rashb.); p. 470 n. 4. ');"><sup>18</sup></span> a sick man may, if they wish, [either] write down [his instructions. with reference to the disposal of his estate<span class="x" onmousemove="('comment',' And thus act as his witnesses. ');"><sup>19</sup></span> or], if they prefer it, give judgment.<span class="x" onmousemove="('comment',' Lit., 'execute judgment'. A quorum of three is the minimum required for a laycourt of law. By forming themselves into a court, they legally confirm the instructions of the testator, and by issuing their verdict prevent the heirs from any further litigation. ');"><sup>20</sup></span> Two [persons] may write down [the testator's instructions] but may not give judgment.<span class="x" onmousemove="('comment',' Two, being less than the quorum required for the constitution of a court of law, can only act as witnesses. ');"><sup>21</sup></span> And R. Hisda commented: This applies only<span class="x" onmousemove="('comment',' Lit., 'they have not taught but'. ');"><sup>22</sup></span> to daytime;