document
374 occurrences across the corpus
OT Pseudepigrapha
And with a willing heart I gave them what they wanted, and I accepted their written bond, but would not take any other security from them except the written document.
The Works of Flavius Josephus
Now Claudius Cæsar, by these decrees of his which were sent to Alexandria, and to all the habitable earth, made known what opinion he had of the Jews. So he soon sent Agrippa away to take his kingdom, now he was advanced to a more illustrious dignity than before, and sent letters to the presidents and procurators of the provinces that they should treat him very kindly. Accordingly, he returned in haste, as was likely he would, now he returned in much greater prosperity than he had before. He also came to Jerusalem, and offered all the sacrifices that belonged to him, and omitted nothing which the law required; on which account he ordained that many of the Nazarites should have their heads shorn. And for the golden chain which had been given him by Caius, of equal weight with that iron chain wherewith his royal hands had been bound, he hung it up within the limits of the temple, over the treasury, that it might be a memorial of the severe fate he had lain under, and a testimony of his change for the better; that it might be a demonstration how the greatest prosperity may have a fall, and that God sometimes raises up what is fallen down: for this chain thus dedicated afforded a document to all men, that king Agrippa had been once bound in a chain for a small cause, but recovered his former dignity again; and a little while afterward got out of his bonds, and was advanced to be a more illustrious king than he was before. Whence men may understand that all that partake of human nature, how great soever they are, may fall; and that those that fall may gain their former illustrious dignity again.
The Mishnah
The sabbatical year cancels a debt written in a document or one not written in a document. A debt to a shop is not cancelled, but if it had been converted into the form of a loan, then it is cancelled. Rabbi Judah says: the former debt is always cancelled. A wage-debt to a worker is not cancelled, but if it had been converted into a loan it is cancelled. Rabbi Yose says: the [payment for] any work that must cease with the seventh year, is cancelled, but if it need not cease with the seventh year, then it is not cancelled.
The sabbatical year cancels a debt written in a document or one not written in a document. A debt to a shop is not cancelled, but if it had been converted into the form of a loan, then it is cancelled. Rabbi Judah says: the former debt is always cancelled. A wage-debt to a worker is not cancelled, but if it had been converted into a loan it is cancelled. Rabbi Yose says: the [payment for] any work that must cease with the seventh year, is cancelled, but if it need not cease with the seventh year, then it is not cancelled.
All are believed to testify for her [concerning her husband’s death] except for her mother-in-law, the daughter of her mother-in-law, her rival wife, her sister-in-law and her husband’s daughter. Why is [the bringing of] a letter of divorce different [from testifying regarding] death? The written document provides the proof. If one witness stated, “he is dead”, and his wife married again, and another came and stated “he is not dead”, she need not leave [her new husband]. If one witness said “he is dead” and two witnesses said “he is not dead”, even if she married again, she must leave him. If two witnesses stated, “he is dead”, and one witness stated, “he is not dead”, even if she had not married, she may do so.
A father has authority over his daughter in her betrothal [whether it was effected] by money, document or intercourse. He is entitled to anything she finds, to her handiwork and to annul her vows. He receives her get but he has no usufruct [from her property] during her lifetime. When she marries, the husband surpasses him [in his rights] in that he has usufruct during her lifetime. And he is obligated to feed her, to pay a ransom for her and to provide for her burial. Rabbi Judah says: even the poorest man in Israel must provide no less than two flutes and one lamenting woman.
Although [the Sages] have said: a virgin collects two hundred and a widow one maneh, if he wishes to add, even a hundred maneh, he may do so. If she was widowed or divorced, either after betrothal or after marriage, she is entitled to collect the entire amount. Rabbi Elazar ben Azaryah says: [a woman widowed or divorced] after marriage receives the entire amount; After betrothal [but before marriage], a virgin collects two hundred zuz and a widow only one maneh, for the man wrote her [the additional amount] in order to marry her. Rabbi Judah says: if he wishes he may write for a virgin a document for two hundred zuz and she writes “I have received from you a maneh”, or for a widow [he may write a document for] a maneh and she writes, “I have received from you fifty zuz”. Rabbi Meir says: Any man who gives a virgin less than two hundred zuz or a widow less than a maneh is engaging in licentious sex.
Although [the Sages] have said: a virgin collects two hundred and a widow one maneh, if he wishes to add, even a hundred maneh, he may do so. If she was widowed or divorced, either after betrothal or after marriage, she is entitled to collect the entire amount. Rabbi Elazar ben Azaryah says: [a woman widowed or divorced] after marriage receives the entire amount; After betrothal [but before marriage], a virgin collects two hundred zuz and a widow only one maneh, for the man wrote her [the additional amount] in order to marry her. Rabbi Judah says: if he wishes he may write for a virgin a document for two hundred zuz and she writes “I have received from you a maneh”, or for a widow [he may write a document for] a maneh and she writes, “I have received from you fifty zuz”. Rabbi Meir says: Any man who gives a virgin less than two hundred zuz or a widow less than a maneh is engaging in licentious sex.
If she produced a get without a ketubah, she collects her kethubah. [If she produced her] ketubah without a get, and she says, “My get was lost”, and he says, “My receipt was lost”, and also a creditor who produced a debt document that was unaccompanied by a prosbul, these are not paid back. Rabban Shimon ben Gamaliel says: from the time of danger a woman collects her ketubah with out a get and a creditor collects [his debt] without a prosbul. [A woman who produced] two letters of divorce and two ketuboth collects two kethuboth. Two kethuboth and one get or one kethubah and two gittin, or a kethubah, a get and [evidence of her husband’s] death, she collects one kethubah only, for a man who divorces his wife and then remarries her contracts his second marriage on the condition of the first kethubah. A minor whose his father had given him in marriage, the ketubah of his wife is valid, since it is on this condition that he kept her as his wife. A convert who converted with his wife, the kethubah remains valid, since it is on this condition that he kept her as his wife.
If a man produced a debt document against another, and the latter produced [a deed of sale showing] that the former had sold him a field, Admon ruled: [The other] can say, had I owed you [anything] you should have been paid pack when you sold me the field”. But the Sages say: This [seller] was clever, since he may have sold him the land in order to be able to take it from him as a pledge.
If two men produced debt documents against one another, Admon says; [the holder of the later document can say to the other,] “Had I owed you [any money] how is it that you borrowed from me?” But the Sages say: This one collects his debt and this one collects his debt.
Any document which has upon it the signature of a Samaritan is invalid, except for bills of divorce or a writ of emancipation. It happened that a bill of divorce was once brought before Rabban Gamaliel at Kefar Otnai and its witnesses were Samaritan, and he declared it valid. All documents which are accepted in the courts of non-Jew, even if those who signed on the documents are non-Jews, are valid except bills of divorce and of writs of emancipation. Rabbi Shimon says: these also are valid; they were only pronounced [to be invalid] when done by ordinary persons.
If a man says: “Give this get to my wife or this writ of emancipation to my slave”, if he wants he may change his mind on either document, the words of Rabbi Meir. The Sages say: he may change his mind in the case of the get but not in the case of the writ of emancipation, since a benefit may be conferred on a person not in his presence but a disability may be imposed on him only in his presence; for if he does not want to maintain his slave he is permitted, but if he does not want to maintain his wife he is not permitted. Rabbi Meir said to them: behold, he disqualifies his slave from eating terumah [by emancipating him] in the same way that he disqualifies his wife [by divorcing her]? They said to him: [the slave is disqualified] because he is the priest’s property. If a man says, “Give this get to my wife or this writ of emancipation to my slave”, and dies [before they are given], they do not give [the documents] after his death. [If he said], “Give a maneh to so-and-so” and died, the money should be given after his death.
All are qualified to write a get, even a deaf-mute, an imbecile and a minor. A woman may write her own get and a man his own receipt [for the ketubah], since the document is upheld only by its signatures. All are qualified to bring a get except a deaf-mute, an imbecile, a minor, a blind person and a non-Jew.
Any get which is not written [expressly] for the woman [for whom it is intended] is invalid. How is this so? If a man was passing through the street and heard the voice of a scribe dictating “So-and-so divorces so-and-so from such and such a place” and he says “that is my name and that is the name of my wife”, it is not a valid [document] with which to divorce his wife. Moreover: if he wrote [a get] with which to divorce his wife and changed his mind and a person found him and said to him, “My name is the same as yours and my wife’s name the same as your wife’s”, it is not a valid [document with which the second] may divorce his wife. Moreover: if he had two wives with the same name and wrote a get with which to divorce the elder, he may not use it to divorce the younger. Moreover: if he said to the scribe, “Write [a get] and I will divorce whichever I choose,” it is not a valid [document] with which to divorce his wife.
Any get which is not written [expressly] for the woman [for whom it is intended] is invalid. How is this so? If a man was passing through the street and heard the voice of a scribe dictating “So-and-so divorces so-and-so from such and such a place” and he says “that is my name and that is the name of my wife”, it is not a valid [document] with which to divorce his wife. Moreover: if he wrote [a get] with which to divorce his wife and changed his mind and a person found him and said to him, “My name is the same as yours and my wife’s name the same as your wife’s”, it is not a valid [document with which the second] may divorce his wife. Moreover: if he had two wives with the same name and wrote a get with which to divorce the elder, he may not use it to divorce the younger. Moreover: if he said to the scribe, “Write [a get] and I will divorce whichever I choose,” it is not a valid [document] with which to divorce his wife.
Any get which is not written [expressly] for the woman [for whom it is intended] is invalid. How is this so? If a man was passing through the street and heard the voice of a scribe dictating “So-and-so divorces so-and-so from such and such a place” and he says “that is my name and that is the name of my wife”, it is not a valid [document] with which to divorce his wife. Moreover: if he wrote [a get] with which to divorce his wife and changed his mind and a person found him and said to him, “My name is the same as yours and my wife’s name the same as your wife’s”, it is not a valid [document with which the second] may divorce his wife. Moreover: if he had two wives with the same name and wrote a get with which to divorce the elder, he may not use it to divorce the younger. Moreover: if he said to the scribe, “Write [a get] and I will divorce whichever I choose,” it is not a valid [document] with which to divorce his wife.
A [non-Jewish] slave [of a Jew] was taken captive and then ransomed [by a third party]: If [he is ransomed] to be a slave he goes back to slavery. If [he is ransomed] as a free man he does not go back to slavery. Rabban Shimon ben Gamaliel says: in either case he goes back to slavery. If a man makes his slave a pledge [for a debt] to another man and then he emancipates him, according to the “letter of the law” the slave is not liable to do anything. But because of tikkun olam we force his [second] master to emancipate him and he [the slave] writes a document for his purchase price. Rabban Shimon ben Gamaliel says that the slave does not write the document but rather the one who emancipates him.
A [non-Jewish] slave [of a Jew] was taken captive and then ransomed [by a third party]: If [he is ransomed] to be a slave he goes back to slavery. If [he is ransomed] as a free man he does not go back to slavery. Rabban Shimon ben Gamaliel says: in either case he goes back to slavery. If a man makes his slave a pledge [for a debt] to another man and then he emancipates him, according to the “letter of the law” the slave is not liable to do anything. But because of tikkun olam we force his [second] master to emancipate him and he [the slave] writes a document for his purchase price. Rabban Shimon ben Gamaliel says that the slave does not write the document but rather the one who emancipates him.
One who is half a slave and half free works for his master one day and for himself one day, the words of Beth Hillel. Beth Shammai said to them: you have set things right for the master but you have not set things right for the slave. He cannot marry a female slave because he is already half free, and he cannot marry a free woman because he is half a slave. Shall he then decease [from having children]? But wasn’t the world only made to be populated, as it says, “He did not create it as a waste, he formed it to be inhabited” (Isaiah 45:18)? Rather because of tikkun olam we compel his master to emancipate him and he writes a document for half his purchase price. Beth Hillel retracted [their opinion and] ruled like Beth Shammai.
If he said to her, “Take in this debt document”, or if she found it behind him and read it and it turned out to be her get, it is not a get, until he says to her, “Here is your get.” If he put it into her hand while she was asleep and when she woke up she read it and found it was her get, it is not a get until he says to her, “Here is your get.” If she was standing in the public domain and he threw it to her, if it lands near her she is divorced, but if it lands near him she is not divorced. If it lands midway, she is divorced and not divorced.
A woman is acquired in three ways and acquires herself in two: She is acquired by money, by document, or by intercourse. “By money”: Bet Shammai says: a denar or the equivalent of a denar; Bet Hillel says: a perutah or the equivalent of a perutah. And how much is a perutah? An eighth of an Italian issar. And she acquires herself by divorce or by her husband's death. A yevamah is acquired by intercourse. And she acquires herself by halitzah or by the yavam’s death.
A Hebrew slave is acquired by money and by document; And acquires himself by years, by Jubilee, and by deduction from the purchase price. A Hebrew maidservant is greater in that she acquires herself by ‘signs [of physical maturity]’. He whose ear is bored is acquired by boring, and acquires himself by Jubilee or his master's death.
A Canaanite slave is acquired by money, deed, or by possession, And acquires himself by money through the agency of others, and by document through his own agency, the words of Rabbi Meir. The Sages say: by money, through his own agency, and by document, through the agency of others, providing that the money comes from others.
A Canaanite slave is acquired by money, deed, or by possession, And acquires himself by money through the agency of others, and by document through his own agency, the words of Rabbi Meir. The Sages say: by money, through his own agency, and by document, through the agency of others, providing that the money comes from others.
If a man found letters of evaluation, or letters of sustenance, or documents of halitzah or refusal, or documents of arbitration or any document drawn out by the court he should return them. If he found documents in a satchel or bag, or a bundle of documents he should return them. How many count as a bundle of documents? Three tied up together. Rabban Shimon ben Gamaliel says: [If one found three documents in which] one borrowed from three others, they should be returned to the borrower. But if [one found three documents in which] one loaned to three, they should be returned to the lender. If a man found a document among his documents and he does not know what is its nature, it must be left until Elijah comes. If there were postscripts amongst them, he should do what is stated in the postscript.
If a man found letters of evaluation, or letters of sustenance, or documents of halitzah or refusal, or documents of arbitration or any document drawn out by the court he should return them. If he found documents in a satchel or bag, or a bundle of documents he should return them. How many count as a bundle of documents? Three tied up together. Rabban Shimon ben Gamaliel says: [If one found three documents in which] one borrowed from three others, they should be returned to the borrower. But if [one found three documents in which] one loaned to three, they should be returned to the lender. If a man found a document among his documents and he does not know what is its nature, it must be left until Elijah comes. If there were postscripts amongst them, he should do what is stated in the postscript.
If a man who lies dying wrote over his property to others [as a gift] and kept back any land whatsoever, his gift remains valid [even should he not die]. If he did not keep back any land whatsoever, his gift does not remain valid [if he should not die]. If it was not written in the document, “who lies dying”, but he said that [he had written the document] while he lay dying and they (those who received the gift) said that he was healthy [when he wrote the document], he must bring proof that he had been dying, according to Rabbi Meir. But the sages say: “He who makes a claim against his fellow bears the burden of proof.”
If a man who lies dying wrote over his property to others [as a gift] and kept back any land whatsoever, his gift remains valid [even should he not die]. If he did not keep back any land whatsoever, his gift does not remain valid [if he should not die]. If it was not written in the document, “who lies dying”, but he said that [he had written the document] while he lay dying and they (those who received the gift) said that he was healthy [when he wrote the document], he must bring proof that he had been dying, according to Rabbi Meir. But the sages say: “He who makes a claim against his fellow bears the burden of proof.”
If a man who lies dying wrote over his property to others [as a gift] and kept back any land whatsoever, his gift remains valid [even should he not die]. If he did not keep back any land whatsoever, his gift does not remain valid [if he should not die]. If it was not written in the document, “who lies dying”, but he said that [he had written the document] while he lay dying and they (those who received the gift) said that he was healthy [when he wrote the document], he must bring proof that he had been dying, according to Rabbi Meir. But the sages say: “He who makes a claim against his fellow bears the burden of proof.”
If a man divided his property orally, Rabbi Eliezer says: “Whether he was healthy or at the point of death, property for which there is security (land) can be acquired only by money, by a document or by possession; property for which there is no security (movable objects) can be acquired only by being drawn [into the possession of the one acquiring]. They (the Sages) said to him: “It once happened that the mother of the sons of Rokhel was sick and said, ‘Give my veil to my daughter’, and it was worth twelve hundred maneh (1,200 dinars) and she died and they fulfilled her words. He said to them: “May their mother bury the sons of Rokhel.” The Sages say: “On a Sabbath his words remain valid, since he cannot write, but not on a weekday.” Rabbi Joshua says: “If they have stated this rule on the Sabbath, how much more so on a weekday.” Similarly, others may acquire possession on behalf of a minor, but not on behalf of an adult. Rabbi Joshua says: “If they have stated this rule with regards to a minor, how much more so does the rule apply to an adult.
A simple document has the signatures within (at the bottom of the page); a sewn document has signatures behind [each fold]. If in a simple document its witnesses signed behind, or if in a sewn document its witnesses signed within, they are invalid. Rabbi Hanina ben Gamaliel says: “If in a sewn document its witnesses signed within, it is valid, since it can be made into a simple document.” Rabban Shimon ben Gamaliel says: “Everything should follow local custom.”
A simple document has the signatures within (at the bottom of the page); a sewn document has signatures behind [each fold]. If in a simple document its witnesses signed behind, or if in a sewn document its witnesses signed within, they are invalid. Rabbi Hanina ben Gamaliel says: “If in a sewn document its witnesses signed within, it is valid, since it can be made into a simple document.” Rabban Shimon ben Gamaliel says: “Everything should follow local custom.”
A simple document has the signatures within (at the bottom of the page); a sewn document has signatures behind [each fold]. If in a simple document its witnesses signed behind, or if in a sewn document its witnesses signed within, they are invalid. Rabbi Hanina ben Gamaliel says: “If in a sewn document its witnesses signed within, it is valid, since it can be made into a simple document.” Rabban Shimon ben Gamaliel says: “Everything should follow local custom.”
A simple document has the signatures within (at the bottom of the page); a sewn document has signatures behind [each fold]. If in a simple document its witnesses signed behind, or if in a sewn document its witnesses signed within, they are invalid. Rabbi Hanina ben Gamaliel says: “If in a sewn document its witnesses signed within, it is valid, since it can be made into a simple document.” Rabban Shimon ben Gamaliel says: “Everything should follow local custom.”
A simple document has the signatures within (at the bottom of the page); a sewn document has signatures behind [each fold]. If in a simple document its witnesses signed behind, or if in a sewn document its witnesses signed within, they are invalid. Rabbi Hanina ben Gamaliel says: “If in a sewn document its witnesses signed within, it is valid, since it can be made into a simple document.” Rabban Shimon ben Gamaliel says: “Everything should follow local custom.”
A simple document has the signatures within (at the bottom of the page); a sewn document has signatures behind [each fold]. If in a simple document its witnesses signed behind, or if in a sewn document its witnesses signed within, they are invalid. Rabbi Hanina ben Gamaliel says: “If in a sewn document its witnesses signed within, it is valid, since it can be made into a simple document.” Rabban Shimon ben Gamaliel says: “Everything should follow local custom.”
A simple document requires two witnesses; a sewn document requires three. If a simple document has only one witness, or a sewn document has only two, they are both invalid. If it was written in a debt document: “100 zuz which are 20 sela (=80”, he (the creditor) can claim only 20 sela; if [it was written] “100 zuz which are 30 sela (=120” he (the creditor) can claim only 100 zuz. [If there was written in a debt document] “Silver zuzim which are …”, and the rest was erased, [the creditor can claim] at least two zuzim. [If there was written in a debt document] “Silver selas which are …”, and the rest was erased, [the creditor can claim] at least two selas. [If there was written in a debt document] “Darics which are …”, and the rest was erased, [the creditor can claim] at least two darics. If at the top was written a “maneh (100” and at the bottom “200 zuz”, or “200 zuz” at the top and “maneh” at the bottom, everything goes according to the bottom amount. If so, why is the figure written at the top of the document? So that, if a letter of the lower figure was erased, they can learn from the upper figure.
A simple document requires two witnesses; a sewn document requires three. If a simple document has only one witness, or a sewn document has only two, they are both invalid. If it was written in a debt document: “100 zuz which are 20 sela (=80”, he (the creditor) can claim only 20 sela; if [it was written] “100 zuz which are 30 sela (=120” he (the creditor) can claim only 100 zuz. [If there was written in a debt document] “Silver zuzim which are …”, and the rest was erased, [the creditor can claim] at least two zuzim. [If there was written in a debt document] “Silver selas which are …”, and the rest was erased, [the creditor can claim] at least two selas. [If there was written in a debt document] “Darics which are …”, and the rest was erased, [the creditor can claim] at least two darics. If at the top was written a “maneh (100” and at the bottom “200 zuz”, or “200 zuz” at the top and “maneh” at the bottom, everything goes according to the bottom amount. If so, why is the figure written at the top of the document? So that, if a letter of the lower figure was erased, they can learn from the upper figure.
A simple document requires two witnesses; a sewn document requires three. If a simple document has only one witness, or a sewn document has only two, they are both invalid. If it was written in a debt document: “100 zuz which are 20 sela (=80”, he (the creditor) can claim only 20 sela; if [it was written] “100 zuz which are 30 sela (=120” he (the creditor) can claim only 100 zuz. [If there was written in a debt document] “Silver zuzim which are …”, and the rest was erased, [the creditor can claim] at least two zuzim. [If there was written in a debt document] “Silver selas which are …”, and the rest was erased, [the creditor can claim] at least two selas. [If there was written in a debt document] “Darics which are …”, and the rest was erased, [the creditor can claim] at least two darics. If at the top was written a “maneh (100” and at the bottom “200 zuz”, or “200 zuz” at the top and “maneh” at the bottom, everything goes according to the bottom amount. If so, why is the figure written at the top of the document? So that, if a letter of the lower figure was erased, they can learn from the upper figure.
A simple document requires two witnesses; a sewn document requires three. If a simple document has only one witness, or a sewn document has only two, they are both invalid. If it was written in a debt document: “100 zuz which are 20 sela (=80”, he (the creditor) can claim only 20 sela; if [it was written] “100 zuz which are 30 sela (=120” he (the creditor) can claim only 100 zuz. [If there was written in a debt document] “Silver zuzim which are …”, and the rest was erased, [the creditor can claim] at least two zuzim. [If there was written in a debt document] “Silver selas which are …”, and the rest was erased, [the creditor can claim] at least two selas. [If there was written in a debt document] “Darics which are …”, and the rest was erased, [the creditor can claim] at least two darics. If at the top was written a “maneh (100” and at the bottom “200 zuz”, or “200 zuz” at the top and “maneh” at the bottom, everything goes according to the bottom amount. If so, why is the figure written at the top of the document? So that, if a letter of the lower figure was erased, they can learn from the upper figure.
A simple document requires two witnesses; a sewn document requires three. If a simple document has only one witness, or a sewn document has only two, they are both invalid. If it was written in a debt document: “100 zuz which are 20 sela (=80”, he (the creditor) can claim only 20 sela; if [it was written] “100 zuz which are 30 sela (=120” he (the creditor) can claim only 100 zuz. [If there was written in a debt document] “Silver zuzim which are …”, and the rest was erased, [the creditor can claim] at least two zuzim. [If there was written in a debt document] “Silver selas which are …”, and the rest was erased, [the creditor can claim] at least two selas. [If there was written in a debt document] “Darics which are …”, and the rest was erased, [the creditor can claim] at least two darics. If at the top was written a “maneh (100” and at the bottom “200 zuz”, or “200 zuz” at the top and “maneh” at the bottom, everything goes according to the bottom amount. If so, why is the figure written at the top of the document? So that, if a letter of the lower figure was erased, they can learn from the upper figure.
A simple document requires two witnesses; a sewn document requires three. If a simple document has only one witness, or a sewn document has only two, they are both invalid. If it was written in a debt document: “100 zuz which are 20 sela (=80”, he (the creditor) can claim only 20 sela; if [it was written] “100 zuz which are 30 sela (=120” he (the creditor) can claim only 100 zuz. [If there was written in a debt document] “Silver zuzim which are …”, and the rest was erased, [the creditor can claim] at least two zuzim. [If there was written in a debt document] “Silver selas which are …”, and the rest was erased, [the creditor can claim] at least two selas. [If there was written in a debt document] “Darics which are …”, and the rest was erased, [the creditor can claim] at least two darics. If at the top was written a “maneh (100” and at the bottom “200 zuz”, or “200 zuz” at the top and “maneh” at the bottom, everything goes according to the bottom amount. If so, why is the figure written at the top of the document? So that, if a letter of the lower figure was erased, they can learn from the upper figure.
A simple document requires two witnesses; a sewn document requires three. If a simple document has only one witness, or a sewn document has only two, they are both invalid. If it was written in a debt document: “100 zuz which are 20 sela (=80”, he (the creditor) can claim only 20 sela; if [it was written] “100 zuz which are 30 sela (=120” he (the creditor) can claim only 100 zuz. [If there was written in a debt document] “Silver zuzim which are …”, and the rest was erased, [the creditor can claim] at least two zuzim. [If there was written in a debt document] “Silver selas which are …”, and the rest was erased, [the creditor can claim] at least two selas. [If there was written in a debt document] “Darics which are …”, and the rest was erased, [the creditor can claim] at least two darics. If at the top was written a “maneh (100” and at the bottom “200 zuz”, or “200 zuz” at the top and “maneh” at the bottom, everything goes according to the bottom amount. If so, why is the figure written at the top of the document? So that, if a letter of the lower figure was erased, they can learn from the upper figure.
A simple document requires two witnesses; a sewn document requires three. If a simple document has only one witness, or a sewn document has only two, they are both invalid. If it was written in a debt document: “100 zuz which are 20 sela (=80”, he (the creditor) can claim only 20 sela; if [it was written] “100 zuz which are 30 sela (=120” he (the creditor) can claim only 100 zuz. [If there was written in a debt document] “Silver zuzim which are …”, and the rest was erased, [the creditor can claim] at least two zuzim. [If there was written in a debt document] “Silver selas which are …”, and the rest was erased, [the creditor can claim] at least two selas. [If there was written in a debt document] “Darics which are …”, and the rest was erased, [the creditor can claim] at least two darics. If at the top was written a “maneh (100” and at the bottom “200 zuz”, or “200 zuz” at the top and “maneh” at the bottom, everything goes according to the bottom amount. If so, why is the figure written at the top of the document? So that, if a letter of the lower figure was erased, they can learn from the upper figure.
A simple document requires two witnesses; a sewn document requires three. If a simple document has only one witness, or a sewn document has only two, they are both invalid. If it was written in a debt document: “100 zuz which are 20 sela (=80”, he (the creditor) can claim only 20 sela; if [it was written] “100 zuz which are 30 sela (=120” he (the creditor) can claim only 100 zuz. [If there was written in a debt document] “Silver zuzim which are …”, and the rest was erased, [the creditor can claim] at least two zuzim. [If there was written in a debt document] “Silver selas which are …”, and the rest was erased, [the creditor can claim] at least two selas. [If there was written in a debt document] “Darics which are …”, and the rest was erased, [the creditor can claim] at least two darics. If at the top was written a “maneh (100” and at the bottom “200 zuz”, or “200 zuz” at the top and “maneh” at the bottom, everything goes according to the bottom amount. If so, why is the figure written at the top of the document? So that, if a letter of the lower figure was erased, they can learn from the upper figure.
They may write out a bill of divorce for a man even if his wife is not with him, or a receipt (stating that the husband has paid the ketubah debt) for the wife even if her husband is not with her, provided that he (the scribe) knows them. And the husband pays the (scribe’s) fee. They may write out a document for the debtor even though the creditor is not with him, but they may not write out a document for the creditor unless the debtor is with him. And the debtor pays the (scribe’s) fee. They may write out a deed of sale for the seller although the buyer is not with him, but they may not write it out for the buyer unless the seller is with him. And the buyer pays the (scribe’s) fee.
They may write out a bill of divorce for a man even if his wife is not with him, or a receipt (stating that the husband has paid the ketubah debt) for the wife even if her husband is not with her, provided that he (the scribe) knows them. And the husband pays the (scribe’s) fee. They may write out a document for the debtor even though the creditor is not with him, but they may not write out a document for the creditor unless the debtor is with him. And the debtor pays the (scribe’s) fee. They may write out a deed of sale for the seller although the buyer is not with him, but they may not write it out for the buyer unless the seller is with him. And the buyer pays the (scribe’s) fee.
They may not write documents of betrothal or marriage except with the consent of both parties. And the bridegroom pays the (scribe’s) fee. They may not write documents of tenancy and sharecropping except with the consent of both parties. And the tenant pays the (scribe’s) fee. They may not write documents of arbitration or any document drawn up before a court except with the consent of both parties. And both parties pay the (scribe’s) fee. Rabban Shimon ben Gamaliel says: “Two documents are written for the two parties, one copy for each.”
If a man had paid part of his debt and gave the debt document to a third party, and the debtor said to him, “If I have not paid you back by such and such a day, give him (the creditor) back the debt document” and the time came and he had not paid, Rabbi Yose says: “He should give it to him.” Rabbi Judah says: “He should not give it to him.”
If a man had paid part of his debt and gave the debt document to a third party, and the debtor said to him, “If I have not paid you back by such and such a day, give him (the creditor) back the debt document” and the time came and he had not paid, Rabbi Yose says: “He should give it to him.” Rabbi Judah says: “He should not give it to him.”
If a man’s debt document was erased, he must have witnesses testify with regards to the loan, and come before the court to make this attestation: “So and so, the son of so and so, his debt document was erased on such and such a day, and so and so and so and so are his witnesses.” If a man had paid part of his debt, Rabbi Judah says: “He should exchange the debt document for a new one.” Rabbi Yose says: “He should write a receipt.” Rabbi Judah said: “It turns out that this one (the debtor) will have to guard his receipt from mice.” Rabbi Yose said to him: “That’s good for him, as long as the rights of the other (the creditor) have not been damaged.
If a man’s debt document was erased, he must have witnesses testify with regards to the loan, and come before the court to make this attestation: “So and so, the son of so and so, his debt document was erased on such and such a day, and so and so and so and so are his witnesses.” If a man had paid part of his debt, Rabbi Judah says: “He should exchange the debt document for a new one.” Rabbi Yose says: “He should write a receipt.” Rabbi Judah said: “It turns out that this one (the debtor) will have to guard his receipt from mice.” Rabbi Yose said to him: “That’s good for him, as long as the rights of the other (the creditor) have not been damaged.
If a man’s debt document was erased, he must have witnesses testify with regards to the loan, and come before the court to make this attestation: “So and so, the son of so and so, his debt document was erased on such and such a day, and so and so and so and so are his witnesses.” If a man had paid part of his debt, Rabbi Judah says: “He should exchange the debt document for a new one.” Rabbi Yose says: “He should write a receipt.” Rabbi Judah said: “It turns out that this one (the debtor) will have to guard his receipt from mice.” Rabbi Yose said to him: “That’s good for him, as long as the rights of the other (the creditor) have not been damaged.
If there were two brothers, one poor and one rich, and their father left them a bath house or an olive press, if the father had made them for hire, the profit is split equally. But if he made them for his own use alone, the rich brother may say to the poor brother, “Buy for yourself slaves and they can wash in the bath house” or “Buy for yourself olives and prepare them in the olive press.” If there were two in the same town, and one’s name was Joseph the son of Shimon and other’s name was Joseph the son of Shimon, neither can bring forth a debt document on the other, and another person cannot bring forth a debt document against them. And if some person finds amongst his documents a document that states, “The [debt] document of Joseph ben Shimon is paid”, both of their [debt] documents are paid. What should they do? They should write their names to the third generation. And if the names are the same through the third generation, they should give themselves a sign. And if their signs are the same, they should write “Cohen”. If a man said to his son, “One of my debt documents is paid and I do not know which one”, then all are deemed to be paid. If two documents were found [amongst his documents] written to the same debtor, then the large one is paid and the small one is not paid. If a man lent money to his fellow on a guarantor’s security, he may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish”, then he may exact payment from the guarantor. Rabban Shimon ben Gamaliel says: “If the borrower had property, in neither case can he exact payment from the guarantor.” Moreover, Rabban Shimon ben Gamaliel used to say: “If a man was a guarantor for a woman’s ketubah and her husband divorced her, the husband must vow to derive no further benefit from her, lest he make a conspiracy against the property of the guarantor and take his wife back again.”
If there were two brothers, one poor and one rich, and their father left them a bath house or an olive press, if the father had made them for hire, the profit is split equally. But if he made them for his own use alone, the rich brother may say to the poor brother, “Buy for yourself slaves and they can wash in the bath house” or “Buy for yourself olives and prepare them in the olive press.” If there were two in the same town, and one’s name was Joseph the son of Shimon and other’s name was Joseph the son of Shimon, neither can bring forth a debt document on the other, and another person cannot bring forth a debt document against them. And if some person finds amongst his documents a document that states, “The [debt] document of Joseph ben Shimon is paid”, both of their [debt] documents are paid. What should they do? They should write their names to the third generation. And if the names are the same through the third generation, they should give themselves a sign. And if their signs are the same, they should write “Cohen”. If a man said to his son, “One of my debt documents is paid and I do not know which one”, then all are deemed to be paid. If two documents were found [amongst his documents] written to the same debtor, then the large one is paid and the small one is not paid. If a man lent money to his fellow on a guarantor’s security, he may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish”, then he may exact payment from the guarantor. Rabban Shimon ben Gamaliel says: “If the borrower had property, in neither case can he exact payment from the guarantor.” Moreover, Rabban Shimon ben Gamaliel used to say: “If a man was a guarantor for a woman’s ketubah and her husband divorced her, the husband must vow to derive no further benefit from her, lest he make a conspiracy against the property of the guarantor and take his wife back again.”
If there were two brothers, one poor and one rich, and their father left them a bath house or an olive press, if the father had made them for hire, the profit is split equally. But if he made them for his own use alone, the rich brother may say to the poor brother, “Buy for yourself slaves and they can wash in the bath house” or “Buy for yourself olives and prepare them in the olive press.” If there were two in the same town, and one’s name was Joseph the son of Shimon and other’s name was Joseph the son of Shimon, neither can bring forth a debt document on the other, and another person cannot bring forth a debt document against them. And if some person finds amongst his documents a document that states, “The [debt] document of Joseph ben Shimon is paid”, both of their [debt] documents are paid. What should they do? They should write their names to the third generation. And if the names are the same through the third generation, they should give themselves a sign. And if their signs are the same, they should write “Cohen”. If a man said to his son, “One of my debt documents is paid and I do not know which one”, then all are deemed to be paid. If two documents were found [amongst his documents] written to the same debtor, then the large one is paid and the small one is not paid. If a man lent money to his fellow on a guarantor’s security, he may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish”, then he may exact payment from the guarantor. Rabban Shimon ben Gamaliel says: “If the borrower had property, in neither case can he exact payment from the guarantor.” Moreover, Rabban Shimon ben Gamaliel used to say: “If a man was a guarantor for a woman’s ketubah and her husband divorced her, the husband must vow to derive no further benefit from her, lest he make a conspiracy against the property of the guarantor and take his wife back again.”
If there were two brothers, one poor and one rich, and their father left them a bath house or an olive press, if the father had made them for hire, the profit is split equally. But if he made them for his own use alone, the rich brother may say to the poor brother, “Buy for yourself slaves and they can wash in the bath house” or “Buy for yourself olives and prepare them in the olive press.” If there were two in the same town, and one’s name was Joseph the son of Shimon and other’s name was Joseph the son of Shimon, neither can bring forth a debt document on the other, and another person cannot bring forth a debt document against them. And if some person finds amongst his documents a document that states, “The [debt] document of Joseph ben Shimon is paid”, both of their [debt] documents are paid. What should they do? They should write their names to the third generation. And if the names are the same through the third generation, they should give themselves a sign. And if their signs are the same, they should write “Cohen”. If a man said to his son, “One of my debt documents is paid and I do not know which one”, then all are deemed to be paid. If two documents were found [amongst his documents] written to the same debtor, then the large one is paid and the small one is not paid. If a man lent money to his fellow on a guarantor’s security, he may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish”, then he may exact payment from the guarantor. Rabban Shimon ben Gamaliel says: “If the borrower had property, in neither case can he exact payment from the guarantor.” Moreover, Rabban Shimon ben Gamaliel used to say: “If a man was a guarantor for a woman’s ketubah and her husband divorced her, the husband must vow to derive no further benefit from her, lest he make a conspiracy against the property of the guarantor and take his wife back again.”
If a man lent his fellow money by using a document, he may recover the debt from mortgaged property. But if he had lent only before witnesses (and not through a document), he may recover the debt only from unmortgaged property. If the [creditor] brought forth [a loan document] upon which appeared his (the debtor’s) signature as evidence that he was indebted to him, the creditor may recover the debt only from unmortgaged property. If a man signed as a guarantor after the signatures of witnesses, the creditor may recover the debt only from [the guarantor’s] unmortgaged property. Such a case came before Rabbi Yishmael and he said, “He may recover only from unmortgaged property”. Ben Nanos said to him: “He may recover the debt neither from mortgaged nor unmortgaged property.” He said to him: “Why?” He answered, “If a man seized a debtor by the throat in the street and his fellow found him and said ‘Leave him alone (and I will pay), he is not liable, since not through trust in him did the creditor lend the debtor money.” Rather which type of guarantor is liable? [If a man said], “Lend him money and I will pay thee”, he is liable, for he lent him the money through his trust in the guarantor. And Rabbi Yishmael said, “He who wants to be wise let him occupy himself with cases dealing with monetary matters, for there is no greater branch of Torah than this; for they are like a welling fountain; and he who wishes to occupy himself with laws concerning monetary matters, let him serve [as a pupil] of Shimon ben Nanos.
If a man lent his fellow money by using a document, he may recover the debt from mortgaged property. But if he had lent only before witnesses (and not through a document), he may recover the debt only from unmortgaged property. If the [creditor] brought forth [a loan document] upon which appeared his (the debtor’s) signature as evidence that he was indebted to him, the creditor may recover the debt only from unmortgaged property. If a man signed as a guarantor after the signatures of witnesses, the creditor may recover the debt only from [the guarantor’s] unmortgaged property. Such a case came before Rabbi Yishmael and he said, “He may recover only from unmortgaged property”. Ben Nanos said to him: “He may recover the debt neither from mortgaged nor unmortgaged property.” He said to him: “Why?” He answered, “If a man seized a debtor by the throat in the street and his fellow found him and said ‘Leave him alone (and I will pay), he is not liable, since not through trust in him did the creditor lend the debtor money.” Rather which type of guarantor is liable? [If a man said], “Lend him money and I will pay thee”, he is liable, for he lent him the money through his trust in the guarantor. And Rabbi Yishmael said, “He who wants to be wise let him occupy himself with cases dealing with monetary matters, for there is no greater branch of Torah than this; for they are like a welling fountain; and he who wishes to occupy himself with laws concerning monetary matters, let him serve [as a pupil] of Shimon ben Nanos.
If a man lent his fellow money by using a document, he may recover the debt from mortgaged property. But if he had lent only before witnesses (and not through a document), he may recover the debt only from unmortgaged property. If the [creditor] brought forth [a loan document] upon which appeared his (the debtor’s) signature as evidence that he was indebted to him, the creditor may recover the debt only from unmortgaged property. If a man signed as a guarantor after the signatures of witnesses, the creditor may recover the debt only from [the guarantor’s] unmortgaged property. Such a case came before Rabbi Yishmael and he said, “He may recover only from unmortgaged property”. Ben Nanos said to him: “He may recover the debt neither from mortgaged nor unmortgaged property.” He said to him: “Why?” He answered, “If a man seized a debtor by the throat in the street and his fellow found him and said ‘Leave him alone (and I will pay), he is not liable, since not through trust in him did the creditor lend the debtor money.” Rather which type of guarantor is liable? [If a man said], “Lend him money and I will pay thee”, he is liable, for he lent him the money through his trust in the guarantor. And Rabbi Yishmael said, “He who wants to be wise let him occupy himself with cases dealing with monetary matters, for there is no greater branch of Torah than this; for they are like a welling fountain; and he who wishes to occupy himself with laws concerning monetary matters, let him serve [as a pupil] of Shimon ben Nanos.
So too they have said that she who impairs her kethubah [by admitting that it had already been partially paid] cannot receive [the remainder of the] payment except on oath; And that if one witness testifies against her that it [the kethubah] has been paid [in full], she cannot receive payment except on oath; And that from assigned property or orphans’ property she cannot exact payment [for her kethubah] except on oath; And that if she claims [her kethubah] not in his presence, she cannot receive payment except on oath. So, too, orphans cannot receive payment except on oath [namely]: “We swear that our father did not enjoin in his will, neither did our father say unto us, nor did we find [written] among the documents of our father that this document is paid.” Rabbi Yochanan ben Beroka says: “Even if the son was born after his father’s death he may take an oath, and collect his claim.” Rabban Shimon ben Gamaliel said: “If there are witnesses that the father said at the time of his death that this document was not paid, he receives [his claim] without an oath.”
So too they have said that she who impairs her kethubah [by admitting that it had already been partially paid] cannot receive [the remainder of the] payment except on oath; And that if one witness testifies against her that it [the kethubah] has been paid [in full], she cannot receive payment except on oath; And that from assigned property or orphans’ property she cannot exact payment [for her kethubah] except on oath; And that if she claims [her kethubah] not in his presence, she cannot receive payment except on oath. So, too, orphans cannot receive payment except on oath [namely]: “We swear that our father did not enjoin in his will, neither did our father say unto us, nor did we find [written] among the documents of our father that this document is paid.” Rabbi Yochanan ben Beroka says: “Even if the son was born after his father’s death he may take an oath, and collect his claim.” Rabban Shimon ben Gamaliel said: “If there are witnesses that the father said at the time of his death that this document was not paid, he receives [his claim] without an oath.”
These are subjects concerning which Beth Hillel changed their mind and taught according to the opinion of Beth Shammai: A woman who came from overseas and said: “My husband died” may be married again; “My husband died [without children]” she must be married by her husband’s brother (the levir). But Beth Hillel says: “We have heard so only in the case of one who came from the harvesting.” Beth Shammai said to them: “It is the same thing in the case of one who came from the harvesting or who came from the olive-picking or who came from overseas; they mentioned harvesting only because that is how it happened.” Then Beth Hillel changed their mind and taught according to Beth Shammai. Beth Shammai says: “She may be married again and take her kethubah payment.” But Beth Hillel says: “She may be married again but may not take her kethubah payment.” Beth Shammai said to them: “You have permitted the graver matter of a forbidden marriage, should you not permit the lighter matter of property?” Beth Hillel said to them: “We have found that brothers do not inherit on her statement.” Beth Shammai said to them: “Do we not infer it from her marriage document in which he writes to her ‘That if you be married to another you shall take what is written for you’?” Then Beth Hillel changed their mind and taught according to the opinion of Beth Shammai.
He also testified concerning a small village in the vicinity of Jerusalem in which there was an old man who used to lend to all the people of the village and write out [the bond] in his own handwriting and others signed it. And when the fact was brought before the Sages they pronounced it legal. Hence, incidentally, you may infer that a wife may write her own bill of divorcement, and a husband may write his own receipt; for the legality of a document depends only on those who sign it. And [he testified] concerning a needle which was found in flesh of a [sacrifice], that the knife and the hands [which had been employed on the flesh] are clean, but the flesh itself is defiled; and if it was found in the excrement, all are clean.
A Galilean min said: I complain against you Pharisees, that you write the name of the ruler and the name of Moses together on a divorce document. The Pharisees said: we complain against you, Galilean min, that you write the name of the ruler together with the divine name on a single page [of Torah]? And furthermore that you write the name of the ruler above and the divine name below? As it is said, "And Pharoah said, Who is the Lord that I should hearken to his voice to let Israel go?" (Exodus 5:2) But when he was smitten what did he say? "The Lord is righteous" (Exodus 9:27).
The Jerusalem Talmud
He who has a preponderance of merit inherits paradise. He who has a preponderance of sins inherits hell. Rebbi Yose ben Ḥanina said: It does not say “He lifts sins,” but rather (Ex. 34:7, Michah 7:18) “He lifts sin.” The Holy One, praise to Him, seizes one document from the sins and the merits tilt. Rebbi Eleazar said (Ps. 62:13): “Kindness is Yours, o Master, because You repay to everyone according to his deeds,” and if he has none, You give him from Yours. That is the opinion of Rebbi Eleazar, because Rebbi Eleazar said (Ex. 34:6): “And much kindness,” He turns towards kindness.
MISHNAH: Rebbi Aqiba says: Any real estate is subject to peah and first fruits, to write a prozbol based on it, and to acquire simultaneously non-guaranteed property with money or contract or possession. If someone signs over his properties when bedridden and reserved for himself any real estate, his gift is permanent; if he did not reserve any real estate for himself, his gift is not permanent. If he signs over his properties to his sons and signs over some real estate for his wife, she lost her ketubah. Rebbi Yose says, if she accepted it, even if it was not in a written document, she lost her ketubah.
From where that non-guaranteed property may be acquired with guaranteed property, by money, document, or possession? Rebbi Yose in the name of Ḥizqiah; Rebbi Jonah, Rebbi Ḥanina Tortaya in the name of Ḥizqiah, it is written (2Chr. 21:3): “Their father gave them many gifts, silver and gold and delicacies, with fortified cities in Jehudah.” So far real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Madon was in Jerusalem, rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages and they upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place, but here the real estate even was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? The sick person for Rebbi Eliezer is like the healthy person for the rabbis.
Rebbi Yose ben Rebbi Abun in the name of Rav Ḥuna, a baraita supports Rav Abba bar Ḥuna and Rebbi Joḥanan: “ A healthy person who wrote a will and a bedridden one who wrote a gift document may change their minds.” A healthy person who wrote a will may change his mind, even as long as he is healthy. Similarly, a bedridden person who wrote a gift document may change his mind, even while he still is bedridden.
Rebbi Yose ben Rebbi Abun in the name of Rav Ḥuna, a baraita supports Rav Abba bar Ḥuna and Rebbi Joḥanan: “ A healthy person who wrote a will and a bedridden one who wrote a gift document may change their minds.” A healthy person who wrote a will may change his mind, even as long as he is healthy. Similarly, a bedridden person who wrote a gift document may change his mind, even while he still is bedridden.
A Mishnah disagrees with him who says that he who may take may acquire, since we have stated: “Give this divorce document to my wife …,” because he may receive the divorce document of his minor daughter. “And the document of manumission to my slave …,” since he may receive his own document of manumission. But did we not state: “Receive this divorce document for my wife or bring this divorce document to my wife; if he wants to change his mind … he may not do so.” Is a slave empowered to bring a divorce document? Explain it by different cases.
A Mishnah disagrees with him who says that he who may take may acquire, since we have stated: “Give this divorce document to my wife …,” because he may receive the divorce document of his minor daughter. “And the document of manumission to my slave …,” since he may receive his own document of manumission. But did we not state: “Receive this divorce document for my wife or bring this divorce document to my wife; if he wants to change his mind … he may not do so.” Is a slave empowered to bring a divorce document? Explain it by different cases.
A Mishnah disagrees with him who says that he who may take may acquire, since we have stated: “Give this divorce document to my wife …,” because he may receive the divorce document of his minor daughter. “And the document of manumission to my slave …,” since he may receive his own document of manumission. But did we not state: “Receive this divorce document for my wife or bring this divorce document to my wife; if he wants to change his mind … he may not do so.” Is a slave empowered to bring a divorce document? Explain it by different cases.
A Mishnah disagrees with him who says that he who may take may acquire, since we have stated: “Give this divorce document to my wife …,” because he may receive the divorce document of his minor daughter. “And the document of manumission to my slave …,” since he may receive his own document of manumission. But did we not state: “Receive this divorce document for my wife or bring this divorce document to my wife; if he wants to change his mind … he may not do so.” Is a slave empowered to bring a divorce document? Explain it by different cases.
A Mishnah disagrees with him who says that he who may take may acquire, since we have stated: “Give this divorce document to my wife …,” because he may receive the divorce document of his minor daughter. “And the document of manumission to my slave …,” since he may receive his own document of manumission. But did we not state: “Receive this divorce document for my wife or bring this divorce document to my wife; if he wants to change his mind … he may not do so.” Is a slave empowered to bring a divorce document? Explain it by different cases.
A Mishnah disagrees with him who says that he who may take may acquire, since we have stated: “Give this divorce document to my wife …,” because he may receive the divorce document of his minor daughter. “And the document of manumission to my slave …,” since he may receive his own document of manumission. But did we not state: “Receive this divorce document for my wife or bring this divorce document to my wife; if he wants to change his mind … he may not do so.” Is a slave empowered to bring a divorce document? Explain it by different cases.
A Mishnah disagrees with him who says that he who may take may acquire, since we have stated: “Give this divorce document to my wife …,” because he may receive the divorce document of his minor daughter. “And the document of manumission to my slave …,” since he may receive his own document of manumission. But did we not state: “Receive this divorce document for my wife or bring this divorce document to my wife; if he wants to change his mind … he may not do so.” Is a slave empowered to bring a divorce document? Explain it by different cases.
MISHNAH: The Sabbatical remits any loan, with or without a document. Store credit is not remitted; if it is transformed into a loan it is remitted. Rebbi Jehudah says, any preceding one is remitted. Wages of a hired hand are not remitted; if they are transformed into a loan they are remitted; Rebbi Yose says, for any work that stops in the Sabbatical they are remitted; if it does not stop they are not remitted. If somebody slaughters a cow and divides it up on New Year’s Day, if the month was long it is subject to remission, otherwise it is not subject to remission. The rapist, the seducer, the calumniator, and all court documents are not subject to remission. If somebody gives loans on pledge, or deposits his documents with the court, they are not subject to remission.
HALAKHAH: “The Sabbatical remits any loan, etc.” We can understand if it is without a document. With a document it should be treated similar to a loan on a pledge and not be remitted. Rebbi Joḥanan said, explain it for a document from which alienation of property is missing, following Rebbi Meïr. A case came before Rebbi Joḥanan of a document without alienation of property and he instructed that it was remitted. Because we are interpreting the Mishnah, should we act on this?
HALAKHAH: “The Sabbatical remits any loan, etc.” We can understand if it is without a document. With a document it should be treated similar to a loan on a pledge and not be remitted. Rebbi Joḥanan said, explain it for a document from which alienation of property is missing, following Rebbi Meïr. A case came before Rebbi Joḥanan of a document without alienation of property and he instructed that it was remitted. Because we are interpreting the Mishnah, should we act on this?
HALAKHAH: “The Sabbatical remits any loan, etc.” We can understand if it is without a document. With a document it should be treated similar to a loan on a pledge and not be remitted. Rebbi Joḥanan said, explain it for a document from which alienation of property is missing, following Rebbi Meïr. A case came before Rebbi Joḥanan of a document without alienation of property and he instructed that it was remitted. Because we are interpreting the Mishnah, should we act on this?
HALAKHAH: “The Sabbatical remits any loan, etc.” We can understand if it is without a document. With a document it should be treated similar to a loan on a pledge and not be remitted. Rebbi Joḥanan said, explain it for a document from which alienation of property is missing, following Rebbi Meïr. A case came before Rebbi Joḥanan of a document without alienation of property and he instructed that it was remitted. Because we are interpreting the Mishnah, should we act on this?
Who notifies? Simeon bar Abba in the name of Rebbi Joḥanan: the signatories of the document. But did not Rebbi Simeon ben Laqish say, they treated the statement of the signatories of a document as if their testimony had been cross-examined by the court? There, it is about those who would say: We did not sign at all. But here they say, on this we signed, on that we did not sign.
Who notifies? Simeon bar Abba in the name of Rebbi Joḥanan: the signatories of the document. But did not Rebbi Simeon ben Laqish say, they treated the statement of the signatories of a document as if their testimony had been cross-examined by the court? There, it is about those who would say: We did not sign at all. But here they say, on this we signed, on that we did not sign.
Rebbi Joḥanan said, they are really invalid. Rebbi Simeon ben Laqish said, he only counts from the time of writing. But did we not state: “A prozbol is valid, whether predated or postdated, but it only counts from the time of writing”? If you assert this for financial documents, what is the difference between a prozbol and a financial document?
“A document dated on a Sabbath or on the Tenth of Tishrē, Rebbi Jehudah declares it valid and Rebbi Yose invalid. Rebbi Jehudah said to him, a case came before you in Sepphoris and you declared it valid. He said to him, I did not declare it valid, but if I did it, I did it.” They wanted to say that he who holds it invalid [does so] because it might be later, and he who holds it valid [does so] because it might be earlier; but he who holds it invalid [does so] because it might be forged.
Rebbi Jacob bar Aḥa, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: One disagrees with this Tanna. They say, does not a Mishnah disagree: “If he became deaf-mute or insane, he may never divorce.” Why can he not write and have others fulfill his written instructions? They upheld it, if he is illiterate. Rebbi Abba bar Mamal objected, does not a baraita disagree: “If he wrote himself, or he told the scribe to write and the witnesses to sign, even though the scribe wrote, the witnesses signed, they gave him [the document] and he in turn gave it to her, it is no divorce.” Rebbi Assi said, complete the sentence and there is no disgreement: “it is no divorce unless they hear his voice.” But even if he gave a sign with his head you say it is invalid, here also it is invalid. Rebbi Mana said, it is valid: hearing the voice has the same status as seeing him nod his head!
“It sometimes he is insane [when he is sometimes healthy he is normal in all regards], when he is insane he is insane in all regards, when healthy he is normal in all regards.” A case came before Samuel who said, when he is of sound mind he should deliver the divorce document; one must investigate following Rebbi Simeon ben Laqish; as Rebbi Simeon ben Laqish said, when he is of even mind; that is as Samuel [acted]. Following Rebbi Simeon ben Laqish who said, only if he is of sound mind he may deliver the divorce document; (Is. 38:16) “make me healthy and let me live!”
“It sometimes he is insane [when he is sometimes healthy he is normal in all regards], when he is insane he is insane in all regards, when healthy he is normal in all regards.” A case came before Samuel who said, when he is of sound mind he should deliver the divorce document; one must investigate following Rebbi Simeon ben Laqish; as Rebbi Simeon ben Laqish said, when he is of even mind; that is as Samuel [acted]. Following Rebbi Simeon ben Laqish who said, only if he is of sound mind he may deliver the divorce document; (Is. 38:16) “make me healthy and let me live!”
HALAKHAH: “A woman who was eating heave,” etc. It is acceptable, “your husband died.” “He divorced you?” The rabbis say, this follows the old Mishnah, according to which the betrothed daughter of an Israel eats heave and her father accepts her divorce document. Rebbi Eliezer says, you may even say following the later Mishnah; explain it that she said to him, bring my divorce document from place X and usually that should have taken him ten days to deliver to her but he found a galloping horse and brought it to her in five days. Rebbi Eliezer cannot follow Rebbi Eleazar, as we have stated: “Rebbi Eleazar forbids her immediately.” Does Rebbi Eleazar not agree that if she said, bring my divorce document from place X, that she may eat heave until the document arrives at that place? Rebbi Ḥaninah said, when she said to him, bring my divorce document from place X, it is as if she had said to him, it shall become a divorce document only after ten days. What she ate, she ate with permission.
HALAKHAH: “A woman who was eating heave,” etc. It is acceptable, “your husband died.” “He divorced you?” The rabbis say, this follows the old Mishnah, according to which the betrothed daughter of an Israel eats heave and her father accepts her divorce document. Rebbi Eliezer says, you may even say following the later Mishnah; explain it that she said to him, bring my divorce document from place X and usually that should have taken him ten days to deliver to her but he found a galloping horse and brought it to her in five days. Rebbi Eliezer cannot follow Rebbi Eleazar, as we have stated: “Rebbi Eleazar forbids her immediately.” Does Rebbi Eleazar not agree that if she said, bring my divorce document from place X, that she may eat heave until the document arrives at that place? Rebbi Ḥaninah said, when she said to him, bring my divorce document from place X, it is as if she had said to him, it shall become a divorce document only after ten days. What she ate, she ate with permission.
HALAKHAH: “A woman who was eating heave,” etc. It is acceptable, “your husband died.” “He divorced you?” The rabbis say, this follows the old Mishnah, according to which the betrothed daughter of an Israel eats heave and her father accepts her divorce document. Rebbi Eliezer says, you may even say following the later Mishnah; explain it that she said to him, bring my divorce document from place X and usually that should have taken him ten days to deliver to her but he found a galloping horse and brought it to her in five days. Rebbi Eliezer cannot follow Rebbi Eleazar, as we have stated: “Rebbi Eleazar forbids her immediately.” Does Rebbi Eleazar not agree that if she said, bring my divorce document from place X, that she may eat heave until the document arrives at that place? Rebbi Ḥaninah said, when she said to him, bring my divorce document from place X, it is as if she had said to him, it shall become a divorce document only after ten days. What she ate, she ate with permission.
HALAKHAH: “A woman who was eating heave,” etc. It is acceptable, “your husband died.” “He divorced you?” The rabbis say, this follows the old Mishnah, according to which the betrothed daughter of an Israel eats heave and her father accepts her divorce document. Rebbi Eliezer says, you may even say following the later Mishnah; explain it that she said to him, bring my divorce document from place X and usually that should have taken him ten days to deliver to her but he found a galloping horse and brought it to her in five days. Rebbi Eliezer cannot follow Rebbi Eleazar, as we have stated: “Rebbi Eleazar forbids her immediately.” Does Rebbi Eleazar not agree that if she said, bring my divorce document from place X, that she may eat heave until the document arrives at that place? Rebbi Ḥaninah said, when she said to him, bring my divorce document from place X, it is as if she had said to him, it shall become a divorce document only after ten days. What she ate, she ate with permission.
HALAKHAH: “A woman who was eating heave,” etc. It is acceptable, “your husband died.” “He divorced you?” The rabbis say, this follows the old Mishnah, according to which the betrothed daughter of an Israel eats heave and her father accepts her divorce document. Rebbi Eliezer says, you may even say following the later Mishnah; explain it that she said to him, bring my divorce document from place X and usually that should have taken him ten days to deliver to her but he found a galloping horse and brought it to her in five days. Rebbi Eliezer cannot follow Rebbi Eleazar, as we have stated: “Rebbi Eleazar forbids her immediately.” Does Rebbi Eleazar not agree that if she said, bring my divorce document from place X, that she may eat heave until the document arrives at that place? Rebbi Ḥaninah said, when she said to him, bring my divorce document from place X, it is as if she had said to him, it shall become a divorce document only after ten days. What she ate, she ate with permission.
HALAKHAH: “A woman who was eating heave,” etc. It is acceptable, “your husband died.” “He divorced you?” The rabbis say, this follows the old Mishnah, according to which the betrothed daughter of an Israel eats heave and her father accepts her divorce document. Rebbi Eliezer says, you may even say following the later Mishnah; explain it that she said to him, bring my divorce document from place X and usually that should have taken him ten days to deliver to her but he found a galloping horse and brought it to her in five days. Rebbi Eliezer cannot follow Rebbi Eleazar, as we have stated: “Rebbi Eleazar forbids her immediately.” Does Rebbi Eleazar not agree that if she said, bring my divorce document from place X, that she may eat heave until the document arrives at that place? Rebbi Ḥaninah said, when she said to him, bring my divorce document from place X, it is as if she had said to him, it shall become a divorce document only after ten days. What she ate, she ate with permission.
The following Mishnah disagrees with him who says that he who may take may acquire, since we have stated: “Give this divorce document to my wife,” because he may receive the divorce document of his minor daughter. “And the document of manumission to my slave,” since he may receive his own document of manumission. But did we not state: “Receive this divorce document for my wife or bring this divorce document to my wife; if he wants to change his mind … he may do so.” Is a slave empowered to bring a divorce document? Explain it by different cases contained in the Mishnah.
The following Mishnah disagrees with him who says that he who may take may acquire, since we have stated: “Give this divorce document to my wife,” because he may receive the divorce document of his minor daughter. “And the document of manumission to my slave,” since he may receive his own document of manumission. But did we not state: “Receive this divorce document for my wife or bring this divorce document to my wife; if he wants to change his mind … he may do so.” Is a slave empowered to bring a divorce document? Explain it by different cases contained in the Mishnah.
The following Mishnah disagrees with him who says that he who may take may acquire, since we have stated: “Give this divorce document to my wife,” because he may receive the divorce document of his minor daughter. “And the document of manumission to my slave,” since he may receive his own document of manumission. But did we not state: “Receive this divorce document for my wife or bring this divorce document to my wife; if he wants to change his mind … he may do so.” Is a slave empowered to bring a divorce document? Explain it by different cases contained in the Mishnah.
The following Mishnah disagrees with him who says that he who may take may acquire, since we have stated: “Give this divorce document to my wife,” because he may receive the divorce document of his minor daughter. “And the document of manumission to my slave,” since he may receive his own document of manumission. But did we not state: “Receive this divorce document for my wife or bring this divorce document to my wife; if he wants to change his mind … he may do so.” Is a slave empowered to bring a divorce document? Explain it by different cases contained in the Mishnah.