Bava Kamma 90b
The Fist Stays Attached
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Passage Content
Can a witness become a judge?
Just as a fist is unique in that it is submitted to the assembly
of judges to assess its ability to injure and to the witnesses
who attest that it was the fist used to strike, as a fist remains
attached to the assailant.
So too, a ruling can be issued in the case of any item that is
submitted to the assembly of judges to assess its ability to
injure and to the witnesses who attest that this was the item used to strike?
This serves to exclude a case where the stone that injured left
the possession of the witnesses and is not available to be inspected
by the court to assess if it is capable of causing the purported injury.
|
And if men contend, and one smite the other with a stone, or with his fist. |
Just as a fist is unique in that it is submitted to the assembly
of judges to assess its ability to injure and to the witnesses
who attest that it was the fist used to strike, as a fist remains
attached to the assailant.
So too, a ruling can be issued in the case of any item that is
submitted to the assembly of judges to assess its ability to
injure and to the witnesses who attest that this was the item used to strike?
This serves to exclude a case where the stone that injured left
the possession of the witnesses and is not available to be inspected
by the court to assess if it is capable of causing the purported injury.