Bava Basra 163b

בבא בתרא קס״ג ע״ב

Bava Batra 163b

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Topic

Gaps and erasures in a שטר, and how the court guards against forgery

Overview

The גמרא first raises a problem for רב. According to רב טביומי, רב allows both a filled-in gap between the עדים and the אשרתא and a שטר written over a מחק, and together these seem to open the door to forgery. The answer is that in such a case the court ignores the old אשרתא and confirms the שטר only through its עדים. Then רבי יוחנן rules that a gap of even one line between the עדים and the אשרתא makes the שטר invalid. The reason is that a forger could cut off the top and write a whole one-line document with its witnesses in that gap, and רבי יוחנן holds such a document is valid. The גמרא asks why the same trick doesn't work in a one-line gap above the עדים. It answers that a text on one line with its עדים on the next line is invalid. If the forger writes fake witnesses on his own line, the court checks only those top witnesses, so the forgery fails. Finally the גמרא returns to examine רב's ruling that a שטר written with its עדים over a מחק is valid.

Opening lines

The steps (10)

1. ChallengeA problem for רב according to רב טביומי
2. ResolutionThe court relies on the witnesses, not the old ratification
3. Statementרבי יוחנן: a gap before the court's ratification invalidates
4. QuestionWhy is the gap before the ratification different?
5. ResponseThe fear: cut off the top and write a one-line document
6. ChallengeThe same forgery should work in the gap above the witnesses
7. ResolutionA one-line document with witnesses on the next line is invalid
8. ChallengeWhat if he writes the text and fake witnesses on the same line?
9. ResolutionThe court confirms such a document only through the top witnesses
10. StatementBack to רב's ruling about a document written over an erasure