## Bava Batra Daf 128a

###### Bava Batra 128a:1
[Bava Batra 128a:1](https://torahapp.org/share/book/Bava%20Batra/r/128a:1)

אַתָּה נְתַתּוֹ לִי בְּמַתָּנָה. רְצוֹנְךָ הִשָּׁבַע וְטוֹל?״ וְנִשְׁבַּע – אֵינוֹ יָכוֹל לַחְזוֹר בּוֹ.

**William Davidson Edition - English:**
or: **You gave him to me as a gift,** if he then adds: Although I owe you nothing, as the slave is mine, if it is **your desire, take an oath** that he is yours **and take** him; **and** the claimant **takes an oath** that the slave is his, the one in possession of the slave **cannot retract** his offer, although he was not obligated to make the offer.


###### Bava Batra 128a:2
[Bava Batra 128a:2](https://torahapp.org/share/book/Bava%20Batra/r/128a:2)

מַאי קָא מַשְׁמַע לַן? תְּנֵינָא, אָמַר לוֹ: ״נֶאֱמָן עָלַי אַבָּא״; ״נֶאֱמָן עָלַי אָבִיךָ״; ״נֶאֱמָנִין עָלַי שְׁלֹשָׁה רוֹעֵי בָקָר״ – רַבִּי מֵאִיר אוֹמֵר: יָכוֹל לַחֲזוֹר בּוֹ, וַחֲכָמִים אוֹמְרִים: אֵינוֹ יָכוֹל לַחֲזוֹר בּוֹ!

**William Davidson Edition - English:**
The Gemara asks: **What is** Rabbi Abba **teaching us? We** already **learned** in a mishna (*Sanhedrin* 24a) that if one of the litigants **said to** the other: My **father is trusted** to adjudicate **for me,** or: **Your father is trusted** to adjudicate **for me,** or: These **three cattle herders** who are not experts in *halakha* **are trusted** to adjudicate **for me,** and all of the individuals this litigant mentioned are legally disqualified from serving as judges, **Rabbi Meir says** that the one who stated this **can retract** his statement, **and the Rabbis say** that **he cannot retract** it, and he is obligated to have them serve as judges if the other litigant so desires. Since this *halakha* is already stated in the mishna, what novel *halakha* did Rabbi Abba teach?


###### Bava Batra 128a:3
[Bava Batra 128a:3](https://torahapp.org/share/book/Bava%20Batra/r/128a:3)

הָא קָא מַשְׁמַע לַן – דִּבְ״אֶתֵּן לָךְ״ מַחְלוֹקֶת, וַהֲלָכָה כְּדִבְרֵי חֲכָמִים.

**William Davidson Edition - English:**
The Gemara in tractate *Sanhedrin* records a dispute between *amora’im* as to the circumstances of the case of that mishna, with one *amora* holding that the dispute pertains only to a case where the one accepting the disqualified judge will need to forgive a debt if the judge rules in accordance with his opponent, while another *amora* holds that the dispute pertains even to a case where he will need to pay the other litigant if the judge rules in accordance with his opponent. By stating his ruling in a case where the litigant will have to give the slave to the other, Rabbi Abba **teaches us this, that the dispute** between Rabbi Meir and the Rabbis is even **in** a case where the litigant said: **I will give you** what you claim if that is the ruling of these judges, and the Rabbis hold that if he subsequently wishes to retract his suggestion, he cannot do so. **And** Rabbi Abba also teaches that the ***halakha*** is **in accordance with the statement of the Rabbis.**


###### Bava Batra 128a:4
[Bava Batra 128a:4](https://torahapp.org/share/book/Bava%20Batra/r/128a:4)

שְׁלַח לֵיהּ רַבִּי אַבָּא לְרַב יוֹסֵף בַּר חָמָא, הֲלָכָה: גּוֹבִין מִן הָעֲבָדִים. וְרַב נַחְמָן אָמַר: אֵין גּוֹבִין.

**William Davidson Edition - English:**
§ **Rabbi Abba** also **sent** a ruling **to Rav Yosef bar Ḥama** that the ***halakha*** is that the creditors of one who died **collect** the debts **from the** Canaanite **slaves** the deceased left his heirs, i.e., they take the slaves, as slaves have the same status as land in this regard. **And Rav Naḥman says** that they **do not collect** the debt by taking the slaves.


###### Bava Batra 128a:5
[Bava Batra 128a:5](https://torahapp.org/share/book/Bava%20Batra/r/128a:5)

שְׁלַח לֵיהּ רַבִּי אַבָּא לְרַב יוֹסֵף בַּר חָמָא, הֲלָכָה: שְׁלִישִׁי בְּשֵׁנִי – כָּשֵׁר. רָבָא אָמַר: אַף בְּרִאשׁוֹן.

**William Davidson Edition - English:**
§ **Rabbi Abba** also **sent** a ruling **to Rav Yosef bar Ḥama** that with regard to people with a common ancestor, the ***halakha*** is that the testimony of members of the **third** generation **with regard to** members of the **second** generation whose closest familial connection is through that ancestor is **valid.** For example, one can testify about his first cousin once removed, and is not disqualified as a relative. **Rava says: Even** the testimony of members of the third generation **with regard to** members of the **first** generation is valid; e.g., one can testify about his great-uncle.


###### Bava Batra 128a:6
[Bava Batra 128a:6](https://torahapp.org/share/book/Bava%20Batra/r/128a:6)

מָר בַּר רַב אָשֵׁי אַכְשַׁר בְּאַבָּא דְאַבָּא; וְלֵית הִלְכְתָא כְּמָר בַּר רַב אָשֵׁי.

**William Davidson Edition - English:**
**Mar bar Rav Ashi deemed** one’s testimony **with regard to** his **father’s father valid,** as he considered it a case of testimony of a member of the third generation with regard to a member of the first generation, which Rava deemed valid. **But the *halakha*** is **not in accordance with** the opinion of **Mar bar Rav Ashi.**


###### Bava Batra 128a:7
[Bava Batra 128a:7](https://torahapp.org/share/book/Bava%20Batra/r/128a:7)

שְׁלַח לֵיהּ רַבִּי אַבָּא לְרַב יוֹסֵף בַּר חָמָא: הָיָה יוֹדֵעַ לוֹ בְּעֵדוּת קַרְקַע עַד שֶׁלֹּא נִסְתַּמֵּא, וְנִסְתַּמֵּא – פָּסוּל.

**William Davidson Edition - English:**
§ **Rabbi Abba** also **sent** a ruling **to Rav Yosef bar Ḥama** concerning testimony: If one **knew** information that could serve as **testimony about** the boundary of another’s **land before he became blind, and** then he **became blind,** he is **disqualified** from bearing witness in a dispute as to the boundaries of that person’s properties.


###### Bava Batra 128a:8
[Bava Batra 128a:8](https://torahapp.org/share/book/Bava%20Batra/r/128a:8)

וּשְׁמוּאֵל אָמַר: כָּשֵׁר, אֶפְשָׁר דִּמְכַוֵּין מִצְרָנַהָא. אֲבָל גְּלִימָא – לָא. וְרַב שֵׁשֶׁת אָמַר: אֲפִילּוּ גְּלִימָא, אֶפְשָׁר דִּמְכַוֵּין מִדַּת אׇרְכּוֹ וּמִדַּת רׇחְבּוֹ. אֲבָל נְסָכָא – לָא. וְרַב פָּפָּא אָמַר: אֲפִילּוּ נְסָכָא, אֶפְשָׁר דִּמְכַוֵּין מִדַּת מִשְׁקְלוֹתָיו.

**William Davidson Edition - English:**
**And Shmuel said: He is fit** to bear witness, as it is **possible** for him **to determine the boundaries** of the fields despite his blindness. **But** he is **not** fit to identify a movable item, e.g., **a cloak,** as he cannot see it. **And Rav Sheshet said:** He can identify **even a cloak,** as it is **possible** for him **to determine its length and its width. But** he is **not** fit to identify **a piece of silver. And Rav Pappa said:** He can identify **even a piece of silver,** as it is **possible** for him **to determine its weight.**


###### Bava Batra 128a:9
[Bava Batra 128a:9](https://torahapp.org/share/book/Bava%20Batra/r/128a:9)

מֵיתִיבִי: הָיָה יוֹדֵעַ לוֹ בְּעֵדוּת עַד שֶׁלֹּא נַעֲשָׂה חֲתָנוֹ, וְנַעֲשָׂה חֲתָנוֹ; פִּיקֵּחַ, וְנִתְחָרֵשׁ; פִּיתֵּחַ, וְנִסְתַּמֵּא; שָׁפוּי, וְנִשְׁתַּטָּה – פָּסוּל.

**William Davidson Edition - English:**
The Gemara **raises an objection** from a *baraita* (*Tosefta*, *Sanhedrin* 3:5): If one **knew** information that could serve as **testimony about** another **before he became his son-in-law, and** then **he became his son-in-law,** thereby becoming a relative who is disqualified from bearing witness concerning him; or if he was **able to hear** at the time he witnessed an incident **and** then **he became deaf;** or if he was **able to see** at the time he witnessed an incident **and** then **became blind;** or if he was halakhically **competent and** then **became insane,** in all these cases, he is **disqualified** from bearing witness.


###### Bava Batra 128a:10
[Bava Batra 128a:10](https://torahapp.org/share/book/Bava%20Batra/r/128a:10)

אֲבָל הָיָה יוֹדֵעַ לוֹ בְּעֵדוּת עַד שֶׁלֹּא נַעֲשָׂה חֲתָנוֹ, וְנַעֲשָׂה חֲתָנוֹ וּמֵתָה בִּתּוֹ; פִּיקֵּחַ וְנִתְחָרֵשׁ וְחָזַר וְנִתְפַּקֵּחַ; פִּיתֵּחַ וְנִסְתַּמֵּא וְחָזַר וְנִתְפַּתֵּחַ; שָׁפוּי וְנִשְׁתַּטָּה וְחָזַר וְנִשְׁתַּפָּה – כָּשֵׁר.

**William Davidson Edition - English:**
The *baraita* continues: **But** if **he knew** information **about him** that could serve as **testimony before he became his son-in-law, and** then **he became his son-in-law, and** then **his daughter died,** so that they are no longer related; or if he was **able to hear, and** then **became deaf, and** then **again became able to hear;** or if he was **able to see, and** then **became blind, and** then **again became able to see;** or if he was halakhically **competent, and** then **became insane, and** then **again became** halakhically **competent,** in all these cases, he is **fit** to bear witness.


###### Bava Batra 128a:11
[Bava Batra 128a:11](https://torahapp.org/share/book/Bava%20Batra/r/128a:11)

זֶה הַכְּלָל: כׇּל שֶׁתְּחִלָּתוֹ אוֹ סוֹפוֹ בְּפַסְלוּת – פָּסוּל, תְּחִלָּתוֹ וְסוֹפוֹ בְּכַשְׁרוּת – כָּשֵׁר.

**William Davidson Edition - English:**
The *baraita* concludes: **This is the principle: Anyone whose initial** state **or his ultimate** state, i.e., his state at the time of the incident or at the time of his testimony in court, **is** one of **disqualification** for bearing witness is **disqualified** from bearing witness. But anyone **whose initial** state **and his ultimate** state **is** one of **fitness** to bear witness is **fit** to bear witness, even if he was disqualified in the interim. This *baraita* clearly states that one who is blind is disqualified from bearing witness.