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CHARTS FOR LEARNING THE DAILY DAF
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Bava Basra Chart #12
Bava Basra Daf 163a-164a
THE LAWS OF IRREGULAR SHETAROS
THE STATUS OF THE SHTAR
THE STATUS OF THE SHTAR'S ASHARTA
|A SHORT SHTAR
||TEXT OF SHTAR IS ON ONE LINE; SIGNATURES ARE ON NEXT LINE
||TEXT OF SHTAR & SIGNATURES ARE ON ONE LINE
|A SHTAR WRITTEN
ON ERASED PAPER
||SHTAR: ON ERASURE WITNESS: ON ERASURE
||SHTAR: CLEAN PAPER WITNESSES: ON ERASURE
||Valid (if the witnesses write(7) that the Shtar was not written on erasure)
||SHTAR: ON ERASURE WITNESSES: CLEAN PAPER
(1) The Shtar in this case is Pasul because the single line on which the
entire text of the Shtar is written is also the last line, and the rule is
that we disregard any text written on the last line of a Shtar (RASHBAM
163b, DH Ela).
(2) This is not applicable, since a Shtar that is Pasul obviously cannot
have a Asharta.
(3) We are not concerned that the bearer of the Shtar forged the text of the
Shtar and the first signatures that accompanied it, because we require him
to be Mekayem the Shtar by confirming the signatures of those first
witnesses that are signed on the same line as the Shtar (and not by
confirming the signatures of the witnesses signed on the next line; 163b).
(4) This is clear from the Gemara (163b) according to Rebbi Yochanan (who
invalidates an Asharta when there is even one empty line between the
signatures and the Asharta, lest the bearer of the Shtar write in that empty
line the text of a Shtar and forge the signatures of witnesses (and cut off
the upper part), and then confirm the Shtar with the Asharta beneath it).
However, according to the last answer of TOSFOS (DH Shtar, beginning of
163b), Rav argues with Rebbi Yochanan in this regard and invalidates the
Asharta, just like we invalidate the witnesses who are signed on the line
after the one-line Shtar-and-witnesses (see above footnote #3).
(5) As Rav rules on 163a. (Rav says that witnesses do not sign their names
on erased paper unless it was erased in their presence so that the bearer of
the Shtar will not be able to falsify what is written in the Shtar; see
(6) The Asharta is invalid because if we were to be Mekayem the Shtar based
on this Asharta, the bearer of the Shtar might erase the Shtar and its
witnesses and write whatever he wants, forging the signature of witnesses at
the bottom, before the Asharta. He will then be Mekayem the Shtar based on
its Asharta (163b, and TOSFOS there, DH Shtar). See Insights.
(7) This note must be written *between* the signatures of the witnesses, so
that the bearer of the Shtar will not be able to cut it off (if it is
written below their signatures) nor erase it (if it is written above their
(8) This is obvious, for we are concerned that the bearer of the Shtar
erased what was written in it and wrote whatever he wanted.
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