Kesubos 19b

כתובות י״ט ע״ב

Ketubot 19b

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Topic

Witnesses who weaken their own document (אמנה, מודעא, condition), keeping an עולה at home, and outsiders who confirm dead signers' handwriting

Overview

The amud opens with רב ששת בריה דרב אידי, who learns from רב כהנא that witnesses who say their document was only a שטר אמנה are not believed, because witnesses would not sign an עולה. The פסוק 'ואל תשכן באהליך עולה' then teaches that one may not keep a שטר פרוע, a שטר אמנה, or an unproofread ספר at home. רב נחמן rules that witnesses who claim אמנה or מודעא are not believed. מר בר רב אשי says a מודעא claim is believed, since such a document may be written. רב נחמן tells רבא that witnesses who mention a condition are believed: the parties must fulfill the condition first. When only one witness mentions a condition, רב פפא says one cannot outweigh two. רב הונא בריה דרב יהושע disagrees and says that witness undoes his own testimony, and the הלכה follows him. Finally, a ברייתא about outsiders who identify dead signers' handwriting raises a 'two against two' question, and רב ששת begins answering that a הכחשה is the start of a הזמה. His answer continues on the next amud.

Opening lines

The steps (22)

1. StatementWitnesses who claim the document was only a trust document are not believed
2. QuestionWhy are they not believed?
3. ResponseHonest witnesses do not sign something false
4. StatementDo not keep a paid-up loan document at home
5. StatementIn ארץ ישראל, רב's reading of both halves of the verse
6. ConclusionComparing the opinions: paid-up documents versus trust documents
7. StatementAn unproofread ספר may be kept only thirty days
8. StatementWitnesses who claim trust or a hidden protest are not believed
9. StatementA second view splits the two cases
10. QuestionWhy the difference?
11. ResponseOne document may be written, the other may not
12. QuestionWhat if the witnesses say there was a condition?
13. ResponseGo fulfill your condition first
14. QuestionOne witness says there was a condition, the other says there was none
15. ResponseOne witness cannot outweigh two
16. ChallengeThen even two witnesses saying condition should not count
17. StatementMentioning a condition undoes your own testimony
18. ConclusionThe הלכה follows רב הונא בריה דרב יהושע
19. StatementWitnesses who confirm the handwriting can also cancel the document
20. StatementWhen the handwriting is already confirmed, they are not believed
21. ChallengeWhy can the document collect? It is two against two
22. Resolutionרב ששת: contradiction is the start of הזמה