Bava Batra

at night, however, even three [persons] may [only] write down [instructions] but are not [permitted] to constitute themselves into a court.  What is the reason? Because they have become witnesses,  and a witness may not act as a judge'.  — He said unto him: 'Yes, I indeed mean the same'. It was stated: [With regard to symbolical] acquisition,  how long  may one withdraw?  — Rabbah said: So long as the session  is in progress. R. Joseph said: So long [only] as they are dealing with that subject. R. Joseph said: Logical reasoning supports my view. For Rab Judah said:  Three [persons] who came to visit a sick man may, if they wish, [either] write down [his instructions with reference to the disposal of his estate, or], if they prefer it, give judgment.  Now, if it is assumed  [that the testator may withdraw] during the whole time the session is in progress, [how can they give judgment?  Surely it may he apprehended that he might withdraw!  — R. Ashi said: Discussing this tradition in the presence of R. Kahana, [I argued:] Is this  right, then, according to R. Joseph? Surely [according to his view also], it may be apprehended that he  might withdraw!  But what have you to say [in reply]?  That they  would he passing