Kesubos 18b
כתובות י״ח ע״ב
Ketubot 18b
Learn Kesubos 18b step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
Why a borrower who admits part of a debt must swear, the dispute between רבי אליעזר בן יעקב and the רבנן about a claim made against a son, and the new משנה about witnesses who confirm their signatures but then say the document is invalid.
Overview
The amud opens by finishing an explanation from earlier on the daf. A borrower who admits only part of a debt is too embarrassed to deny everything to his lender's face, so the תורה gives him a שבועה to push him to admit the whole debt. This explains the argument between רבי אליעזר בן יעקב and the רבנן about a claim made by the lender's son: would the borrower dare lie to the son? Then a new משנה teaches that witnesses who confirm their own signatures are believed when they add that they were forced, were minors, or were disqualified, unless their handwriting can be proven some other way. רמי בר חמא first limits the second half of that rule. רבא challenges him, because witnesses cannot take back testimony, and ריש לקיש says a signed document counts like testimony already checked in court. So the גמרא moves רמי בר חמא's rule to the first half: a claim of a threat to life is believed, but a claim of money pressure is not, because אין אדם משים עצמו רשע. Finally, a ברייתא shows that רבי מאיר does not believe the witnesses at all. The גמרא starts explaining his reason, and the quote from ריש לקיש continues on the next amud.
Opening lines
וּבְכוּלַּהּ בָּעֵי דְּלוֹדֵי לֵיהּ.
And he would want to admit to him all of it.
וְהַאי דְּלָא אוֹדִי לֵיהּ
And the fact that he did not admit to him
כִּי הֵיכִי דְּלִישְׁתְּמִיט לֵיהּ,
is so that he can dodge him for now,
וְסָבַר: עַד דְּהָוֵה לִי זוּזֵי
and he thinks: until I have money
The steps (12)
- StatementWhy the תורה makes a מודה במקצת swear
- Statementרבי אליעזר בן יעקב: no brazenness even toward the son
- StatementThe רבנן: brazenness is possible toward the son
- Statementמשנה: witnesses who confirm their signature but say it was invalid
- Statementמשנה: not believed if the handwriting is proven another way
- Statementרמי בר חמא: the exception applies only to being forced by money
- Challengeרבא: witnesses cannot take back their testimony
- ChallengeA signed document counts like testimony given in court
- Resolutionרמי בר חמא's rule moved to the first clause
- Statementרבי מאיר and the חכמים argue about witnesses cancelling their document
- QuestionWhat is רבי מאיר's reason?
- ResponseExplaining רבי מאיר for disqualified witnesses and minors