POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Kesuvos 21
KESUVOS 21-23 (Seder night, and Chol ha'Moed Pesach) - have been anonymously
dedicated by a unique Ohev Torah and Marbitz Torah living in Ramat Beit
1) VALIDATION OF DOCUMENTS
(a) (Gemara): According to Rebbi, witnesses testify on their
own signatures; according to Chachamim, they testify on
the content of the document.
2) VALIDATION OF A VALIDATED DOCUMENT
(b) Objection: This is obvious!
(c) Answer: No, one might have thought that Rebbi is unsure
if the witnesses testify on their own signatures or on
the content of the document.
1. This would affect the law if one witness died; 2
witnesses would be required to testify on his
(d) (Rav Yehudah): If one of the witnesses dies, 2 others are
needed to confirm his signature.
2. It would not suffice for the live witness and
another person to testify on the signatures.
i. If so, the live witness would (perhaps) be
giving 3/4 of the testimony (since when he
confirms his own signature, (perhaps) he is
testifying unassistedly to the content of the
document, and is also helping to confirm the
3. Rebbi would be stringent in this case, and also
stringent in the case of the Mishnah (when each
confirms only his own signature).
4. Therefore, it was needed to say that Rebbi holds
that they certainly testify on their signatures.
1. This is a case where Rebbi is more lenient than
(e) Question: What can we do if there is only one other who
recognize his signature (in addition to the live
(f) Answer (Abaye): The live witness should write his name on
a piece of pottery and give it to Beis Din.
1. He is no longer needed to confirm his own signature,
so he may help confirm the other signature.
(g) He should specifically sign on pottery, but not on a
parchment, lest a corrupt person find it, and write as he
pleases above the signature.
1. (Mishnah): If Reuven signed a document saying that
he owes Shimon, Shimon collects from unmortgaged
(h) (Rav Yehudah): The law is as Chachamim.
(i) Question: Why was it necessary to say this, the law is
assumed to be as the majority!
(j) Answer: The law is assumed to be as Rebbi when he argues
on 1 Tana - we might have thought, even when he argues
against a majority!
(k) Question (Rav Chinena Bar Chiya): Did Shmuel really say
that the law is as Chachamim?
1. There was a document validated in Shmuel's Beis Din
which said that the both witnesses confirmed both
(l) Answer (Rav Yehudah): That document was of orphans.
1. Shmuel was extra careful to validate it in such a
way that even if a Beis Din will err to think that
*here*, the law is Rebbi against a majority, they
will still accept the validation.
(a) (Rav Yehudah citing Shmuel): A witness may join a judge
(if Shimon claims that a validated document was forged,
it suffices for 1 witness to confirm his signature, and
one of the validating judges to confirm his signature.
(b) Rami Bar Chama: What a wonderful teaching!
(c) Rava: No! They do not join, since they testify on
(d) Rami Bar Yechezkeil: Do not heed these rules that my
brother (Rav Yehudah) quotes in the name of Shmuel.
(e) (Ravnoy citing Shmuel): A witness may join a judge.
3) JUDGES THAT RECOGNIZE THE SIGNATURES
(f) Ameimar: What a wonderful teaching!
(g) Rav Ashi: Because your grandfather (Rami Bar Chama)
praised it, you also praise it? Rava refuted it!
(a) (Rav Safra quoting R. Aba): 3 judges sat to validate a
document; 2 of them recognize the signatures. Before the
2 sign, they testify about the signatures in front of the
3rd judge, then all 3 sign the validation;
(b) If the 2 judges signed before testifying, they may not
testify so that the 3rd judge will sign.
(c) Question: We infer, the *text* of the validation may be
written before the testimony - is this really so?
1. (Rav Papi): A validation which was written before
testimony on the signatures is invalid, since it
(d) Correction: Rather, the 2 judges testify before the
validation is written; if it has already been written,
they may not testify so that the 3rd judge will sign.
2. Here also, it appears false (to write that all 3
judges knew the signatures before the 3rd heard
(e) We learn 3 laws from this teaching.
1. A witness may act as a judge after testifying.
(f) Objection (Rav Ashi): I agree, we learn (1) that a
witness may become a judge.
2. If the judges recognize the signatures, there is no
need to testify in front of them.
3. If the judges do not recognize the signatures,
testimony must be given in front of all of them.
1. However, we cannot learn (2) that if the judges
recognize the signatures, there is no need to
testify in front of them - in the case of R. Aba,
there is testimony in front of the 3rd judge!
(g) Question (Rav Safra to R. Aba - Mishnah): 3 members of
the Beis Din which sanctifies months saw the new moon.
Two of them stand, and seat 2 other members of the Beis
Din by the 3rd and testify in front of them;
2. Also, we cannot learn (3) that if the judges do not
recognize the signatures, testimony must be given in
front of all of them - R. Aba's case is different,
if we do not testify in front of the 3rd judge, no
testimony is given at all!
(h) An individual may not declare the new month;, rather, all
3 declare it.
1. If a witness can become a judge, let the 3 that saw
simply declare the new month without any testimony!
(i) Answer (Rav): Sanctification of the new month is a Torah
law, so a witness may not become a judge; validation of
documents is Rabbinic, there, he may.
(j) (R. Aba): 3 judges sat to validate a document; there was
an objection that one of them is invalid. If they have
not yet signed, the other 2 may testify that the 3rd is
valid, then all may sign; if they have already signed,
(k) Question: What was the accusation?