Bava Batra 255:1

אתה נתתו לי במתנה רצונך השבע וטול ונשבע אינו יכול לחזור בו

you gave him to me as a gift, [but] if you wish, take an oath<span class="x" onmousemove="('comment',' That he was neither sold nor presented. ');">¹</span> and you will get him back';<span class="x" onmousemove="('comment',' Though, legally, the possessor cannot be compelled to accept the oath of the claimant. ');">²</span>

מאי קא משמע לן תנינא אמר לו נאמן עלי אבא נאמן עלי אביך נאמנין עלי שלשה רועי בקר רבי מאיר אומר יכול לחזור בו וחכמים אומרים אינו יכול לחזור בו

and [the first] took the oath; [the latter] is not allowed to retract.<span class="x" onmousemove="('comment',' Since he once consented to return the slave if the other took an oath he cannot subsequently withdraw that consent, and re-assert his former rights. ');">³</span> What does he teach us?<span class="x" onmousemove="('comment',' I.e., what new point or principle. ');">⁴</span>

הא קא משמע לן דבאתן לך מחלוקת והלכה כדברי חכמים:

[The obvious principle underlying the law] has [surely] been taught [elsewhere]:<span class="x" onmousemove="('comment',' Sanh. 24a. ');">⁵</span> [If one of the litigants] said to the other,<span class="x" onmousemove="('comment',' Lit., 'to him'. ');">⁶</span>

שלח ליה רבי אבא לרב יוסף בר חמא הלכה גובין מן העבדים ורב נחמן אמר אין גובין

'I have full confidence<span class="x" onmousemove="('comment',' I.e., he accepts as judge or witness. ');">⁷</span> in my father,<span class="x" onmousemove="('comment',' A father, like any other relative, is disqualified from acting either as judge or as witness. ');">⁸</span>

שלח ליה ר' אבא לרב יוסף בר חמא הלכה שלישי בשני כשר רבא אמר אף בראשון

I have full confidence in your father, I have full confidence in three oxherds',<span class="x" onmousemove="('comment',' I.e., ignorant men, unsuitable to act as judges. ');">⁹</span> R. Meir says, he may retract,<span class="x" onmousemove="('comment',' Since these are legally disqualified, and their authority for acting as judges or witnesses is derived solely from his verbal consent, he may retract and allow the matter to be settled in accordance with the accepted legal procedure. ');">¹⁰</span>

מר בר רב אשי אכשר באבא דאבא ולית הלכתא כמר בר רב אשי

and the Sages say he may not!<span class="x" onmousemove="('comment',' Which shows, like the message of R. Abba, that once a man has renounced his legal rights, he cannot retract. Why, then, the need for R. Abba's statement, seeing that the underlying principle has already been enunciated in a Mishnah? ');">¹¹</span> He<span class="x" onmousemove="('comment',' R. Abba. ');">¹²</span>

שלח ליה רבי אבא לרב יוסף בר חמא היה יודע לו בעדות קרקע עד שלא נסתמא ונסתמא פסול

teaches us this: That the dispute<span class="x" onmousemove="('comment',' Between R. Meir and the Sages ');">¹³</span> [relates also to the case] where [a litigant declared], 'I will give it to you'<span class="x" onmousemove="('comment',' Against the view that the dispute has reference only to the case where a litigant declared, 'You may keep it.' R. Abba, by his statement that the defendant cannot retract but has to surrender the slave to the claimant, has taught us that the dispute between R. Meir and the Sages is not limited to the case where a claimant agrees to forfeit his claim in favour of the defendant on the ruling of relatives (or other disqualified persons), as in the view of one authority in Sanhedrin 24a, but applies also to that of a defendant who agrees to abide by the ruling of such disqualified persons and pay up; and that even in such a case the Sages hold the opinion that the defendant cannot retract. ');">¹⁴</span>

ושמואל אמר כשר אפשר דמכוין מצרנהא אבל גלימא לא ורב ששת אמר אפי' גלימא אפשר דמכוין מדת ארכו ומדת רחבו אבל נסכא לא ורב פפא אמר אפי' נסכא אפשר דמכוין מדת משקלותיו

and [that] the <i>halachah</i> is in accordance with the words of the Sages. R. Abba sent to R. Joseph b. Hama: The <i>halachah</i> is that slaves may be seized [from orphans, in payment of a debt incurred by the father].<span class="x" onmousemove="('comment',' Slaves are compared to real estate which may be seized from orphans by their father's creditors. ');">¹⁵</span>

מיתיבי היה יודע לו בעדות עד שלא נעשה חתנו ונעשה חתנו פיקח ונתחרש פיתח ונסתמא שפוי ונשתטה פסול

R. Nahman. however, said they may not be seized.<span class="x" onmousemove="('comment',' Like movable property which cannot be seized from orphans (v. B. K 11b). ');">¹⁶</span> R. Abba sent to R. Joseph b. Hama: The <i>halachah</i> is that [a relative in the] third [degree] is qualified [to act as witness for or against a relative] in the second [degree].<span class="x" onmousemove="('comment',' To his father's first cousin. Brothers are relatives in the first degree, their sons in the second, and their grandsons in the third degree. ');">¹⁷</span>

אבל היה יודע לו בעדות עד שלא נעשה חתנו ונעשה חתנו ומתה בתו פיקח ונתחרש וחזר ונתפקח פיתח ונסתמא וחזר ונתפתח שפוי ונשתטה וחזר ונשתפה כשר

Raba said: Also [for, or against a relative] in the first [degree]<span class="x" onmousemove="('comment',' His grandfather's brother. ');">¹⁸</span> also. Mar, son of R. Ashi permitted [a grandson to act as witness] for his father's father. The law, [however], is not in accordance with [the view of] Mar, son of R. Ashi.

זה הכלל כל שתחלתו או סופו בפסלות פסול תחלתו וסופו בכשרות כשר

R. Abba sent to R. Joseph b. Hama: If a person possessed evidence<span class="x" onmousemove="('comment',' Lit., 'he knew'. ');">¹⁹</span> in one's favour [in the matter of a plot of] land, before he became blind, and [then] became blind, he is disqualified.<span class="x" onmousemove="('comment',' From acting as witness, A blind man cannot possibly indicate the exact position of the boundaries of a field, though he may have known them well before he lost his eyesight. ');">²⁰</span> Samuel, however, said: He is permitted [to give evidence], [since] it is possible for him to gauge [the extent of] its boundaries; but [in the case of] a cloak [he is] not [to be admitted as witness].<span class="x" onmousemove="('comment',' Because many cloaks are equal in size. ');">²¹</span> R. Shesheth said: Even [in the case of] a cloak [his evidence is admissible, for] it is possible for him gauge the measurements of its length and of its breadth; but not [in the case of] a bar of metal. R. Papa said: Even [in the case of] a bar of metal, [for] it is possible for him to gauge its weight. An objection was raised: 'If a person possessed evidence<span class="x" onmousemove="('comment',' V. p. 533, n. 8. ');">²²</span> affecting another before he became his son-in-law, and, [subsequently,] he became his son-in-law, [or if that witness] had the faculty of hearing and became deaf, the faculty of seeing and became blind, sane and became insane, he is disqualified [from giving evidence]. If, however, he possessed evidence affecting him before he became his son-in-law, and when he became his son-in-law, his daughter died; [or if he] had the faculty of hearing, became deaf, and regained his hearing; [or if he] had the faculty of Seeing, became blind, and regained his eyesight; [or if] he was sane, became insane, and regained his sanity, [in all these cases] he is qualified [to act as witness]. This is the general rule: Whenever his beginning<span class="x" onmousemove="('comment',' The time of his observation. ');">²³</span> or his end<span class="x" onmousemove="('comment',' When he appears for the purpose of giving evidence. ');">²⁴</span> was under a disqualification, he is disqualified, [but whenever] his beginning and his end [find him] in a suitable condition, he is permitted [to give evidence].<span class="x" onmousemove="('comment',' 'Ar. 17b. ');">²⁵</span>