Bava Basra 163a

בבא בתרא קס״ג ע״א

Bava Batra 163a

Learn Bava Basra 163a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

How big a blank gap between the text of a שטר and the witnesses makes it פסול, and whether a gap between the witnesses and the בית דין's approval is also a problem.

Overview

The גמרא first asks whether the 'two lines' of blank space that make a שטר פסול include the space between the lines, and רב נחמן בר יצחק proves that they do. רבי שבתי, quoting חזקיה, adds that the lines are measured by ordinary handwriting like the witnesses', because a forger would not use a professional סופר. Three opinions then give the exact size of the gap. רב יצחק בן אלעזר says two lines and four spaces, like לך written over לך. עולא says two lines and three spaces, like a ל above and a ך below. רבי אבהו says one line and two spaces, like ברוך בן לוי on one line. Next, רב limits the gap rule to the space between the text and the עדים: a gap between the עדים and the בית דין's approval (אשרתא) is fine, as long as it is filled in with ink lines. The גמרא explains why ink lines help below the עדים but not above them, since a בית דין never signs on ink lines alone. The amud ends with a new challenge: a forger could cut off the top, erase the ink lines and write a fake שטר, which רב's own erasure rule would seem to allow.

Opening lines

The steps (18)

1. QuestionDo the two lines include the space between them?
2. ResponseThe spaces are included, by logic
3. StatementMeasure by the witnesses' handwriting, not a scribe's
4. QuestionHow much space is needed?
5. ResponseEnough room for 'לך' written above 'לך'
6. ConclusionTwo lines and four spaces
7. Responseעולא's measure: a ל above and a final ך below
8. ConclusionSo עולא holds: two lines and three spaces
9. Responseרבי אבהו's measure: "ברוך בן לוי" on one line
10. ConclusionSo רבי אבהו holds: one line and two spaces
11. Statementרב: the rule applies only to a gap between the text and the witnesses
12. ChallengeWhy is a gap before the court's approval any safer?
13. ResolutionThe gap is fine when it is filled in with ink lines
14. ChallengeWhy not use ink lines for the gap above the עדים too?
15. ResolutionPeople might think the עדים signed only on the ink lines
16. ChallengeThe same doubt should apply to the בית דין
17. ResolutionA בית דין never signs on ink lines alone
18. ChallengeA new forgery worry: cut, erase, rewrite