The Jerusalem Talmud Jerusalem Talmud Bava Batra 10.1

English · Heinrich W. Guggenheimer

MISHNAH: The witnesses to an simple document sign inside, to a knotted one on its back. A simple document whose witnesses signed on its back and a knotted one whose witnesses signed on its interior both are invalid. Rebbi Ḥananiah ben Gamliel says, a knotted one whose witnesses signed inside is valid since one can turn it into a simple one. Rabban Simeon ben Gamliel says, everything follows local custom.

2

English · Heinrich W. Guggenheimer

HALAKHAH: “The witnesses to an open document are inside,” etc. From where that a document can be knotted? Rebbi Immi said: “I took the sale document and the sealed”, that is the knotted [document]. “And the open,” that is the simple, part of the knotted. “And the orders and the rules”; orders and rules differ between these, for one is with two [witnesses], the other with three; one in it, the other on its back.

3

English · Heinrich W. Guggenheimer

But the rabbis of Caesarea say, “I took the sale document”, that is the simple one. “And the sealed”, that is the knotted [document]. “And the open,” that is the simple, part of the knotted. “And the orders and the rules”; orders and rules differ between these, for one is with two [witnesses], the other with three; one in it, the other on its back.

4

English · Heinrich W. Guggenheimer

Rebbi Idi in the name of Rebbi Jeremiah. The practice for a knotted one is the following. One writes the lender’s name, and the borrower’s name, the witnesses’ names, and the time. Then one knots it and repeats the text below. But should one not be afraid that maybe he falsifies? Rav Huna said, witnesses never sign below unless they first read in the text above: “I X son of Y accept everything written above.”

5

English · Heinrich W. Guggenheimer

Rebbi Abba in the name of Rav Jeremiah: The signatures of the witnesses must be two blank lines away from the text. Rebbi Idi in the name of Rav Jeremiah: On a knotted document the witnesses sign lengthwise; on a simple document the witnesses sign across. The first one on the outside, the latter one on the inside. Rebbi Mana said, [ ]. How do the witnesses sign on a knotted document? Rav Huna said, between two knots. Rebbi Idi said, but between witnesses’ signatures and the document there may not be space for two lines.

6

English · Heinrich W. Guggenheimer

Simeon bar Abba in the name of Rebbi Joḥanan: An empty space of two lines in a text about one subject in any case [invalidates]. Rebbi Samuel bar Rav Isaac said: The Mishnah says so: “One Hebrew- and one Greek-writing witness …” Is not Hebrew combined with Greek one item? “How far from the text should the witnesses sign? That they can be read with it, the words of Rebbi. Rebbi Simeon ben Eleazar says, one full line. Rebbi Dositheos ben Jehudah says, the width of the witnesses’ handwriting.” Rav Jeremiah said in the name of Rav: One estimates לך ולך. Rebbi Yasa in the name of Rebbi Sabbatai: the width of the witnesses’ handwriting.

7

English · Heinrich W. Guggenheimer

Ḥizqiah said, only for leniency. If the witnesses’ handwriting was small and the text large, one follows the large. If the witnesses’ handwriting was large and the text small, one follows the small. Rebbi Isaac says: If his name was, e. g., Yose ben Yannai one estimates as if it were Melekh ben Melekh.

8

English · Heinrich W. Guggenheimer

Rebbi Idi in the name of Rebbi Jeremiah: One has to expand two lines from an erasure. Rebbi Isaac said, even for a simple document. Rav said, an erasure or an insertion must be confirmed in writing. Rav said, “this is its confirmation”. Rebbi Abbahu in the name of Rebbi Isaac ben Haqula: Any erasure has to be given a maximal interpretation. What means, any erasure has to be given a maximal interpretation? Rebbi Yasa the fuller, son-in-law to Rebbi Yose, in the name of Rebbi Yose: “Contract” is written on top, “contract” erased below. I am saying, they decided to make it an unconditional preliminary marriage. They erased it in order not to make an insertion in the document, because the rabbis are suspicious of insertions in documents.

9

English · Heinrich W. Guggenheimer

Rebbi Huna handed a document to Rebbi Shammai. Ὸγδοή- was on an erasure, -κοντα was not on an erasure. Rebbi Ḥuna told Rebbi Shammai, find out what is the minimum with which -κοντα is used. He went out and said, τριάκοντα. After they left, he said, this one wanted to gain 30 and lost 20.

10

English · Heinrich W. Guggenheimer

“Rebbi answered to confirm the words of Rebbi Ḥananiah ben Gamliel: The main text of the document proves whether it is simple or not simple.” What is the main text of a document? Rebbi Abba said, as Rav Huna said: witnesses never sign below unless they first read before them: “I X son of Y accept everything written above.” And did we not state: this is the formula for documents of indebtedness? Rebbi Mani said, this is the formula for knotted documents of indebtedness. Rebbi Abbin said, even if you say, it is the same for simple and knotted, for a simple document it is indispensable, for a knotted one it is not indispensable. Rebbi Jehudah says, if one adds to the practice. A simple document has two [winesses], a knotted one three, but they do it with three. A simple document inside, a knotted one on its back, but they do it inside and on its back.

Jerusalem Talmud Bava Batra 10.1

Find your chapter.

Make yourself comfortable.

Choose your edition.