Bava Batra 43: Partners, Testimony, Power and Bias

The Gemara discusses whether or not one partner can testify for another.  Isn't there a conflict of interest?  Perhaps we are considering only specific situation.  But we would not want to make one partner vulnerable to his creditors.  The rabbis walk though these possibilities as well. Should a partner obligate himself so that he will not benefit?  The Gemara questions whether or not any of these considerations lead us to believe that one should be able to testify for one's partner.

The rabbis consider other situations where might not judge or testify.  These include a stolen Sefer Torah and whether or not one gave money toward buying a Sefer Torah.  The rabbis consider in their discussions, the rabbis understand the needs of the poor and how these needs might play into their judgement.  

The Gemara discusses partners who guard their shared property.  Wouldn't the guard be exempt if there is a theft?  The rabbis explain that the partners would alternate watching all of the property.  

People are not permitted to testify about something that affects them personally.  This holds for something like selling a home or a field, but not about selling a cow or a garment.  The rabbis discuss the reasons for this difference.  They walk through a complicated scenario where one person steals another's field and then sells it.  This situation stops most of the players from testifying, for each has a stake in the outcome of the judgement.  They note that power can create a different dynamic, for one person might be listened to more carefully in court than another.   Witnesses could effect testimony, as well.