Bava Basra 161a
בבא בתרא קס״א ע״א
Bava Batra 161a
Learn Bava Basra 161a step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
Erasures in documents, and forgery worries about witnesses signing on the back
Overview
The amud opens by finishing a ברייתא about corrections in a document. A word added between the lines can be saved by a note at the end, but an erasure ruins the document. The rule is then limited: an erasure only matters if it sits where 'שריר וקיים' belongs and is big enough to have held those sealing words. Next, the גמרא raises a forgery worry against רב ירמיה בר אבא, who holds that witnesses sign on the back, opposite the writing. The answer is that they sign from bottom to top, running sideways to the lines. A further worry follows: a cheater could cut off the last line together with the first word of a witness's name, and the leftover piece would still count as a valid signature. The גמרא answers that the name is split across lines, and then that the word עד is left out. It then begins a second answer: עד really was written, but we know something definite about this signature. That answer finishes on the next amud.
Opening lines
מְחָק – פָּסוּל,
An erasure: invalid,
וְאַף עַל פִּי שֶׁמְּקוּיָּם.
even if it is confirmed.
וְלֹא אָמְרוּ מְחָק פָּסוּל –
And they only said an erasure is invalid
אֶלָּא בִּמְקוֹם ״שָׁרִיר וְקַיָּים״,
in the place of 'confirmed and established',
The steps (9)
- StatementAn erasure ruins the document even if it is noted at the end
- StatementThe erasure rule only applies where 'שריר וקיים' would go
- ChallengeA forgery worry if witnesses sign on the back
- ResolutionWitnesses sign from bottom to top, so nothing can be added
- ChallengeWhat if he cuts off the last line along with the witness's first name?
- ResolutionThe name is split across two lines
- ChallengeBut 'יעקב, witness' alone is also valid
- ResolutionThe word 'witness' is not written
- ResolutionA second answer: the witness did write 'witness', but we know his signature