Bava Kamma 90b
Can the Witnesses Testify
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Passage Content
And furthermore, if the building collapsed, must the court
rebuild it in order to assess its height? The witnesses
should then be able to testify about the item used as well.
Just as a fist is unique in that it is submitted to the
witnesses for them to testify about it, so too, a ruling
can be issued in the case of any item that is submitted
to the witnesses to testify about, despite the item’s not
being available for the court to assess.
This serves to exclude a case where the stone that injured
left the possession of the assailant and cannot be found,
and even the witnesses were unable to see it.
In such a case the assailant is exempt from payment,
since even the witnesses cannot testify about whether
the stone was capable of inflicting the purported injuries.
rebuild it in order to assess its height? The witnesses
should then be able to testify about the item used as well.
Just as a fist is unique in that it is submitted to the
witnesses for them to testify about it, so too, a ruling
can be issued in the case of any item that is submitted
to the witnesses to testify about, despite the item’s not
being available for the court to assess.
This serves to exclude a case where the stone that injured
left the possession of the assailant and cannot be found,
and even the witnesses were unable to see it.
In such a case the assailant is exempt from payment,
since even the witnesses cannot testify about whether
the stone was capable of inflicting the purported injuries.