Kesubos 21a

כתובות כ״א ע״א

Ketubot 21a

Learn Kesubos 21a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Kesubos 21a in Gemara Clarity

Topic

Confirming a שטר's signatures: רבי vs. the חכמים, אביי's clay-shard method, and שמואל's rulings on confirming documents

Overview

The גמרא explains the argument between רבי and the חכמים about confirming a שטר. רבי holds that the signers testify about their handwriting, so each signature needs two witnesses. The חכמים hold that they testify about the money, so the two signers are enough. The גמרא shows that רבי was certain, not just unsure, so in one case he is lenient: a dead signer's signature needs only one outside witness, while the חכמים require two. If only one outside witness can be found, אביי suggests that the living signer write his signature on a clay shard so the court can confirm it, and then he and the outsider testify about the dead signer's signature. Parchment is not allowed for this, because a cheat could write a debt above the signature. שמואל rules like the חכמים, and the גמרא defends that report against a שטר from his own court, explaining it as extra care for orphans. Finally, שמואל's rule that a witness and a judge join together is attacked by רבא and rejected by רמי בר יחזקאל.

Opening lines

The steps (23)

1. StatementWhat the witnesses are really testifying about
2. ChallengeIsn't that obvious?
3. ResolutionWe might have thought רבי was only unsure
4. ResolutionThe practical difference: one signer has died
5. ResolutionWhy one outsider would not be enough if רבי were unsure
6. ResolutionIf רבי were unsure, he would be strict both ways
7. Resolutionרבי was certain, so he rules both leniently and strictly
8. Proofרב shows where רבי is lenient
9. QuestionWhat if only one outside witness is available?
10. Responseאביי's clay-shard method
11. StatementOnly on clay, never on parchment
12. ProofA handwritten IOU can collect a debt
13. Statementשמואל rules like the חכמים
14. ChallengeWhy say it? The majority always wins
15. ResolutionWe might have thought רבי beats even a group
16. ChallengeDid שמואל really say that?
17. ChallengeThe שטר from שמואל's own court
18. ResolutionIt was an orphans' שטר
19. ResolutionDoing extra so the orphans won't lose
20. StatementA witness and a judge can join together
21. Statementרמי בר חמא praises the ruling
22. Challengeרבא: they are testifying about different things
23. Rejectionרמי בר יחזקאל: do not rely on these rules