documents

HALAKHAH: “One who found documents of indebtedness,” etc. It was stated in the name of Rebbi Meïr: Both based on a document containing an alienation clause or a document containing no alienation clause, he collects from unincumbered property. Following this opinion of Rebbi Meïr, to what purpose does he return it? To cover the mouth of his pitcher. Rav said, an heir is like the holder of encumbered property. Just as a loan executed before witnesses cannot be collected from encumbered property, so it cannot be collected from heirs. Samuel said, what was received cannot be foreclosed on mortgaged property, but on free property it can be foreclosed. Here you say, it can be collected, but there you say, it cannot be collected. There is no comparison between one who agreed to a small lien and one who never agreed to a lien.

MISHNAH: One who found letters of appraisal, letters of sustenance, or documents of ḥalîṣah or repudiation, or documents of arbitration, or any other court document, should return them. If he found in a basket or in a box a bundle or joined documents he should return them. How many are joined documents? Three documents connected one to the other. Rabban Simeon ben Gamliel says, if one persons borrows from three, he should return it to the borrower; if three persons borrow from one, he should return it to the lender. If he found a document among his documents whose nature was unknown to him, it should lie there until Elijah comes. If it has an agreement attached to it, he should follow the agreement.

MISHNAH: One who found letters of appraisal, letters of sustenance, or documents of ḥalîṣah or repudiation, or documents of arbitration, or any other court document, should return them. If he found in a basket or in a box a bundle or joined documents he should return them. How many are joined documents? Three documents connected one to the other. Rabban Simeon ben Gamliel says, if one persons borrows from three, he should return it to the borrower; if three persons borrow from one, he should return it to the lender. If he found a document among his documents whose nature was unknown to him, it should lie there until Elijah comes. If it has an agreement attached to it, he should follow the agreement.

MISHNAH: One who found letters of appraisal, letters of sustenance, or documents of ḥalîṣah or repudiation, or documents of arbitration, or any other court document, should return them. If he found in a basket or in a box a bundle or joined documents he should return them. How many are joined documents? Three documents connected one to the other. Rabban Simeon ben Gamliel says, if one persons borrows from three, he should return it to the borrower; if three persons borrow from one, he should return it to the lender. If he found a document among his documents whose nature was unknown to him, it should lie there until Elijah comes. If it has an agreement attached to it, he should follow the agreement.

MISHNAH: One who found letters of appraisal, letters of sustenance, or documents of ḥalîṣah or repudiation, or documents of arbitration, or any other court document, should return them. If he found in a basket or in a box a bundle or joined documents he should return them. How many are joined documents? Three documents connected one to the other. Rabban Simeon ben Gamliel says, if one persons borrows from three, he should return it to the borrower; if three persons borrow from one, he should return it to the lender. If he found a document among his documents whose nature was unknown to him, it should lie there until Elijah comes. If it has an agreement attached to it, he should follow the agreement.

MISHNAH: One who found letters of appraisal, letters of sustenance, or documents of ḥalîṣah or repudiation, or documents of arbitration, or any other court document, should return them. If he found in a basket or in a box a bundle or joined documents he should return them. How many are joined documents? Three documents connected one to the other. Rabban Simeon ben Gamliel says, if one persons borrows from three, he should return it to the borrower; if three persons borrow from one, he should return it to the lender. If he found a document among his documents whose nature was unknown to him, it should lie there until Elijah comes. If it has an agreement attached to it, he should follow the agreement.

MISHNAH: One who found letters of appraisal, letters of sustenance, or documents of ḥalîṣah or repudiation, or documents of arbitration, or any other court document, should return them. If he found in a basket or in a box a bundle or joined documents he should return them. How many are joined documents? Three documents connected one to the other. Rabban Simeon ben Gamliel says, if one persons borrows from three, he should return it to the borrower; if three persons borrow from one, he should return it to the lender. If he found a document among his documents whose nature was unknown to him, it should lie there until Elijah comes. If it has an agreement attached to it, he should follow the agreement.

Rav Jeremiah in the name of Rav: A stipulation produced by the creditor in the creditor’s handwrtiting is invalid, for I am saying that he has trained in writing documents. This implies that in the hand of another it would be valid. Rebbi Isaac bar Naḥman in the name of Samuel: A stipulation is only valid if it is in the possession of the creditor but written by the debtor. But did we not state: “That our father did not charge us, that our father did not tell us, that we did not find a document among our father’s documents that this note was paid.” Therefore, it might be found paid. What about this? Rebbi Yose ben Rebbi Abun said, explain it that it was a testamentary gift., since people are not likely to impair their testamentary gifts.

Rav Jeremiah in the name of Rav: A stipulation produced by the creditor in the creditor’s handwrtiting is invalid, for I am saying that he has trained in writing documents. This implies that in the hand of another it would be valid. Rebbi Isaac bar Naḥman in the name of Samuel: A stipulation is only valid if it is in the possession of the creditor but written by the debtor. But did we not state: “That our father did not charge us, that our father did not tell us, that we did not find a document among our father’s documents that this note was paid.” Therefore, it might be found paid. What about this? Rebbi Yose ben Rebbi Abun said, explain it that it was a testamentary gift., since people are not likely to impair their testamentary gifts.

Rebbi Yannai in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah: “If [in the document] it was not written ‘bedridden’ but he says, I was bedridden,” etc. Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” etc. A young man was selling his properties. The case came before Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan. Rebbi Ḥiyya bar Joseph said, the presumption is that they signed for a mentally capable person. Rebbi Joḥanan said, since he undertook to uproot the properties from the family, he has to bring proof. Rebbi Joḥanan said, the holder of documents is advantaged. Rebbi Yasa asked before Rebbi Joḥanan, how about Rebbi, since Rebbi said, the holder of documents is disadvantaged? He told him, everybody agrees that the holder of documents is advantaged. But how could you say that a case came before Rebbi Ḥiyya bar Joseph who said, the presumption is that they signed for a mentally capable person. And you said, since he undertook to uproot the properties from the family to another family, he has to bring proof! He told him, I never said this. Rebbi Ze‘ira said before Rebbi Yasa, even if Rebbi Joḥanan wants to deny it, did not Rebbi Yannai say in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah? This is the opinion of the Sages who follow Rebbi.

Rebbi Yannai in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah: “If [in the document] it was not written ‘bedridden’ but he says, I was bedridden,” etc. Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” etc. A young man was selling his properties. The case came before Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan. Rebbi Ḥiyya bar Joseph said, the presumption is that they signed for a mentally capable person. Rebbi Joḥanan said, since he undertook to uproot the properties from the family, he has to bring proof. Rebbi Joḥanan said, the holder of documents is advantaged. Rebbi Yasa asked before Rebbi Joḥanan, how about Rebbi, since Rebbi said, the holder of documents is disadvantaged? He told him, everybody agrees that the holder of documents is advantaged. But how could you say that a case came before Rebbi Ḥiyya bar Joseph who said, the presumption is that they signed for a mentally capable person. And you said, since he undertook to uproot the properties from the family to another family, he has to bring proof! He told him, I never said this. Rebbi Ze‘ira said before Rebbi Yasa, even if Rebbi Joḥanan wants to deny it, did not Rebbi Yannai say in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah? This is the opinion of the Sages who follow Rebbi.

Rebbi Yannai in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah: “If [in the document] it was not written ‘bedridden’ but he says, I was bedridden,” etc. Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” etc. A young man was selling his properties. The case came before Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan. Rebbi Ḥiyya bar Joseph said, the presumption is that they signed for a mentally capable person. Rebbi Joḥanan said, since he undertook to uproot the properties from the family, he has to bring proof. Rebbi Joḥanan said, the holder of documents is advantaged. Rebbi Yasa asked before Rebbi Joḥanan, how about Rebbi, since Rebbi said, the holder of documents is disadvantaged? He told him, everybody agrees that the holder of documents is advantaged. But how could you say that a case came before Rebbi Ḥiyya bar Joseph who said, the presumption is that they signed for a mentally capable person. And you said, since he undertook to uproot the properties from the family to another family, he has to bring proof! He told him, I never said this. Rebbi Ze‘ira said before Rebbi Yasa, even if Rebbi Joḥanan wants to deny it, did not Rebbi Yannai say in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah? This is the opinion of the Sages who follow Rebbi.

Rebbi Yannai in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah: “If [in the document] it was not written ‘bedridden’ but he says, I was bedridden,” etc. Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” etc. A young man was selling his properties. The case came before Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan. Rebbi Ḥiyya bar Joseph said, the presumption is that they signed for a mentally capable person. Rebbi Joḥanan said, since he undertook to uproot the properties from the family, he has to bring proof. Rebbi Joḥanan said, the holder of documents is advantaged. Rebbi Yasa asked before Rebbi Joḥanan, how about Rebbi, since Rebbi said, the holder of documents is disadvantaged? He told him, everybody agrees that the holder of documents is advantaged. But how could you say that a case came before Rebbi Ḥiyya bar Joseph who said, the presumption is that they signed for a mentally capable person. And you said, since he undertook to uproot the properties from the family to another family, he has to bring proof! He told him, I never said this. Rebbi Ze‘ira said before Rebbi Yasa, even if Rebbi Joḥanan wants to deny it, did not Rebbi Yannai say in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah? This is the opinion of the Sages who follow Rebbi.

Rebbi Yannai in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah: “If [in the document] it was not written ‘bedridden’ but he says, I was bedridden,” etc. Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” etc. A young man was selling his properties. The case came before Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan. Rebbi Ḥiyya bar Joseph said, the presumption is that they signed for a mentally capable person. Rebbi Joḥanan said, since he undertook to uproot the properties from the family, he has to bring proof. Rebbi Joḥanan said, the holder of documents is advantaged. Rebbi Yasa asked before Rebbi Joḥanan, how about Rebbi, since Rebbi said, the holder of documents is disadvantaged? He told him, everybody agrees that the holder of documents is advantaged. But how could you say that a case came before Rebbi Ḥiyya bar Joseph who said, the presumption is that they signed for a mentally capable person. And you said, since he undertook to uproot the properties from the family to another family, he has to bring proof! He told him, I never said this. Rebbi Ze‘ira said before Rebbi Yasa, even if Rebbi Joḥanan wants to deny it, did not Rebbi Yannai say in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah? This is the opinion of the Sages who follow Rebbi.

MISHNAH: If the house collapsed on him and his father, or on him and his heirs, or on him and one from whom he inherits, and a woman’s ketubah and documents of indebtedness were on him. The father’s heirs say that the son died first and then the father; the holders of the debt say that the father died first and then the son. The House of Shammai say that they shall split; the House of Hillel say the properties are in the possession of their holders. If the house collapsed on him and his wife; the father’s heirs say that the wife died first and then the husband. The wife’s heirs say that the man died first and then the wife. The House of Shammai say that they shall split; the House of Hillel say the properties are in the possession of their holders, the ketubah is in the hands of the husband’s heirs; properties that enter and leave with her are in the hands of her father’s heirs. If the house collapsed on him and his wife; the father’s heirs say that the wife died first and then the husband. The wife’s heirs say that the man died first and then the wife. The House of Shammai say that they shall split; the House of Hillel say the properties are in the possession of their holders, the ketubah is in the hands of the husband’s heirs; properties that enter and leave with her are in the hands of her father’s heirs.

Rebbi Idi in the name of Rebbi Jeremiah: One has to expand two lines from an erasure. Rebbi Isaac said, even for a simple document. Rav said, an erasure or an insertion must be confirmed in writing. Rav said, “this is its confirmation”. Rebbi Abbahu in the name of Rebbi Isaac ben Haqula: Any erasure has to be given a maximal interpretation. What means, any erasure has to be given a maximal interpretation? Rebbi Yasa the fuller, son-in-law to Rebbi Yose, in the name of Rebbi Yose: “Contract” is written on top, “contract” erased below. I am saying, they decided to make it an unconditional preliminary marriage. They erased it in order not to make an insertion in the document, because the rabbis are suspicious of insertions in documents.

“Rebbi answered to confirm the words of Rebbi Ḥananiah ben Gamliel: The main text of the document proves whether it is simple or not simple.” What is the main text of a document? Rebbi Abba said, as Rav Huna said: witnesses never sign below unless they first read before them: “I X son of Y accept everything written above.” And did we not state: this is the formula for documents of indebtedness? Rebbi Mani said, this is the formula for knotted documents of indebtedness. Rebbi Abbin said, even if you say, it is the same for simple and knotted, for a simple document it is indispensable, for a knotted one it is not indispensable. Rebbi Jehudah says, if one adds to the practice. A simple document has two [winesses], a knotted one three, but they do it with three. A simple document inside, a knotted one on its back, but they do it inside and on its back.

“Rebbi answered to confirm the words of Rebbi Ḥananiah ben Gamliel: The main text of the document proves whether it is simple or not simple.” What is the main text of a document? Rebbi Abba said, as Rav Huna said: witnesses never sign below unless they first read before them: “I X son of Y accept everything written above.” And did we not state: this is the formula for documents of indebtedness? Rebbi Mani said, this is the formula for knotted documents of indebtedness. Rebbi Abbin said, even if you say, it is the same for simple and knotted, for a simple document it is indispensable, for a knotted one it is not indispensable. Rebbi Jehudah says, if one adds to the practice. A simple document has two [winesses], a knotted one three, but they do it with three. A simple document inside, a knotted one on its back, but they do it inside and on its back.

MISHNAH: One writes a bill of divorce for a man even though his wife not be present, and a receipt for the wife even though he husband not be present on condition that he know her. The husband pays the fee. One writes a document of indebtedness for the borrower even though the creditor not be present, but one does not write a document of indebtedness for the creditor if the borrower not be present. The borrower pays the fee. One writes a sale contract for the seller even though the buyer not be present, but one does not write a sale contract for the buyer if the seller not be present. The buyer pays the fee. Documents of preliminary and definitive marriage one only writes on the orders of both parties; the groom pays the fee. Documents of share-cropping and leases one only writes on the orders of both parties; the tenant pays the fee. Documents of arbitration and court decisions one only writes on the orders of both parties; both of them pay the fee. Rabban Simeon ben Gamliel says, one writes them in duplicate, one for each party.

MISHNAH: One writes a bill of divorce for a man even though his wife not be present, and a receipt for the wife even though he husband not be present on condition that he know her. The husband pays the fee. One writes a document of indebtedness for the borrower even though the creditor not be present, but one does not write a document of indebtedness for the creditor if the borrower not be present. The borrower pays the fee. One writes a sale contract for the seller even though the buyer not be present, but one does not write a sale contract for the buyer if the seller not be present. The buyer pays the fee. Documents of preliminary and definitive marriage one only writes on the orders of both parties; the groom pays the fee. Documents of share-cropping and leases one only writes on the orders of both parties; the tenant pays the fee. Documents of arbitration and court decisions one only writes on the orders of both parties; both of them pay the fee. Rabban Simeon ben Gamliel says, one writes them in duplicate, one for each party.

MISHNAH: One writes a bill of divorce for a man even though his wife not be present, and a receipt for the wife even though he husband not be present on condition that he know her. The husband pays the fee. One writes a document of indebtedness for the borrower even though the creditor not be present, but one does not write a document of indebtedness for the creditor if the borrower not be present. The borrower pays the fee. One writes a sale contract for the seller even though the buyer not be present, but one does not write a sale contract for the buyer if the seller not be present. The buyer pays the fee. Documents of preliminary and definitive marriage one only writes on the orders of both parties; the groom pays the fee. Documents of share-cropping and leases one only writes on the orders of both parties; the tenant pays the fee. Documents of arbitration and court decisions one only writes on the orders of both parties; both of them pay the fee. Rabban Simeon ben Gamliel says, one writes them in duplicate, one for each party.

“One writes a sale contract for the seller,” etc. Rebbi Uqba said, it was stated in Ketubot of the school of Levi: If one said, my document was lost, the court writes him a confirmation. It was stated: Rabban Simeon ben Gamliel said, even for documents of arbitration one writes him a confirmation.

Why was Rebbi Simeon ben Laqish offended by this? He was worried about what Rebbi Eleazar said, since Rebbi Eleazar said: My hand will be against the prophets who see … vain things, in my people’s councilthey shall not be; that is [the secret of] intercalation; in the documents of the House of Israel they will not be inscribed; that is ordination; and to the earth of Israel they shall not come; that is the Land of Israel. When Rebbi Eleazar came here, he said, I have one. When they ordained him, he said, I have two.When he was asked to participate in the intercalation, he said, I have all three [with me].

It was stated: From earlier times, one was writing documents of ḥalîṣah: Before X and V did Z daughter of U perform ḥalîṣah for V son of W, by coming before us, removing his shoe from his right foot, spitting before us visible spittle on the ground, and saying: So shall be done to the man unwilling to build his brother’s house.

It was stated: From earlier times one was writing documents of repudiation: Before X and Y did Z daughter of U repudiate V son of W, by coming before us: I do not like him, I do not want to stay with him, I do not agree to be married to him.

Rebbi Yose said, one understands from here: If three sat in judgment and one of them died, two sign and note: Even though we are two who sign, we were three in judging. Rebbi Ḥaggai said, a Mishnah implies this: “The judges sign at the bottom or the witnesses.” Does one learn court documents from prozbol? It was found stated: This about court documents he inferred from the rules of prozbol.

Rebbi Yose said, one understands from here: If three sat in judgment and one of them died, two sign and note: Even though we are two who sign, we were three in judging. Rebbi Ḥaggai said, a Mishnah implies this: “The judges sign at the bottom or the witnesses.” Does one learn court documents from prozbol? It was found stated: This about court documents he inferred from the rules of prozbol.

It was stated: If an heir’s father held a partially paid promissory note, the son collects without swearing. In this the son’s power is greater than the father’s since the father can collect only by swearing. Rebbi Eleazar said, nevertheless he has to execute an heir’s oath, “that our father did not charge us, that our father did not tell us, that we did not find a document among our father’s documents stating that this note was paid.” Therefore, if there was a document, the note was paid. Rebbi Hoshaia asked, does the baraita follow the House of Shammai? For the House of Shammai say, “she collects her ketubah and does not drink.” Rebbi Yose said, there the reason of the House of Shammai is: bring my husband and I shall drink! But here, it would be in order that even his father would not have to swear. They instituted a rule that he has to swear. They instituted this for him, but not for his son. When he died, you put his son on the biblical rule.

MISHNAH: About the following one does not swear: slaves, and documents, and real estate, and gifts to the Temple. Not about double restitution, nor quadruple or quintuple; the unpaid trustee does not swear, the paid trustee does not pay. Rebbi Simeon says, one swears about things for which he is responsible if they be alienated, but does not swear if he is not responsible if they be alienated. Rebbi Meїr says, there are things which are like real estate and they are not like real estate but the Sages do not agree with him. How is this? “Ten bearing vines did I hand over to you,” but the other says, “they are only five.” Rebbi Meїr declares liable for an oath but the Sages say, anything connected to the ground is like ground.

HALAKHAH: “About the following one does not swear,” etc. If he transgressed and swore, Rebbi Joḥanan said he brings a sacrifice for the oath; Rebbi Eleazar says, he does not bring. Rebbi Abun bar Ḥiyya said, so does Rebbi Johanan answer Rebbi Eleazar. No. If you pronounced about an oath about testimony which may apply to slaves, documents, and real estate, what can you say about oaths concerning deposits which do not apply to slaves, documents, and real estate? But an oath for testimony is not in court. Would the court admit an oath of a suspect person? Only when he transgressed and swore, you say that he brings a sacrifice for his oath; here also if he transgressed and swore, you say that he brings a sacrifice for his oath.

HALAKHAH: “About the following one does not swear,” etc. If he transgressed and swore, Rebbi Joḥanan said he brings a sacrifice for the oath; Rebbi Eleazar says, he does not bring. Rebbi Abun bar Ḥiyya said, so does Rebbi Johanan answer Rebbi Eleazar. No. If you pronounced about an oath about testimony which may apply to slaves, documents, and real estate, what can you say about oaths concerning deposits which do not apply to slaves, documents, and real estate? But an oath for testimony is not in court. Would the court admit an oath of a suspect person? Only when he transgressed and swore, you say that he brings a sacrifice for his oath; here also if he transgressed and swore, you say that he brings a sacrifice for his oath.

Some want to understand it from here: An ox, or a donkey, or a sheep. Since these are particular in that they are subject to breaking, kidnapping, and dying, this excludes real estate which is not subject to breaking, kidnapping, and dying. I shall exclude real estate but shall not exclude slaves. Since these are particular in that they are subject to a fine, this excludes slaves which are not subject to a fine. I shall exclude slaves but shall not exclude documents since they are subject to fines. Since these are particular in that they are subject to overcharging, this excludes documents which are not subject to overcharging. From here they say, if somebody sells documents to the spice trader, it is subject to claims of overcharging. Rebbi Ismael explained: Or a person, if he would swear, a general statement. To cause evil or cause good, a detail. Anything which a person will blurt out, a repeat general statement. A general statement followed by a detail followed by a general statement, you only argue in the pattern of the detail. Since the detail is about monetary claims, [originating] from himself, which can be collected by court order, having monetary value, which is a fixed value, and are movables, and one is not liable for punishment and fines. Monetary claims, excluding one who said to another, give me the 200 denar which you promised me but never gave. [Originating] from himself, excluding one who said to another, you cursed me and shamed me, who is not liable. Which can be collected by court order, excluding one who said to another, you raped or seduced X’s daughter. It has monetary value, excluding documents. Which is a fixed value, excluding slaves. Movables, excluding real estate. One is not liable for punishment, excluding one who said to another, you set fire to my grain stack on the Sabbath; who is not liable. One is not liable for fines, excluding double, quadruple, or quintuple restitution which are fines.

Some want to understand it from here: An ox, or a donkey, or a sheep. Since these are particular in that they are subject to breaking, kidnapping, and dying, this excludes real estate which is not subject to breaking, kidnapping, and dying. I shall exclude real estate but shall not exclude slaves. Since these are particular in that they are subject to a fine, this excludes slaves which are not subject to a fine. I shall exclude slaves but shall not exclude documents since they are subject to fines. Since these are particular in that they are subject to overcharging, this excludes documents which are not subject to overcharging. From here they say, if somebody sells documents to the spice trader, it is subject to claims of overcharging. Rebbi Ismael explained: Or a person, if he would swear, a general statement. To cause evil or cause good, a detail. Anything which a person will blurt out, a repeat general statement. A general statement followed by a detail followed by a general statement, you only argue in the pattern of the detail. Since the detail is about monetary claims, [originating] from himself, which can be collected by court order, having monetary value, which is a fixed value, and are movables, and one is not liable for punishment and fines. Monetary claims, excluding one who said to another, give me the 200 denar which you promised me but never gave. [Originating] from himself, excluding one who said to another, you cursed me and shamed me, who is not liable. Which can be collected by court order, excluding one who said to another, you raped or seduced X’s daughter. It has monetary value, excluding documents. Which is a fixed value, excluding slaves. Movables, excluding real estate. One is not liable for punishment, excluding one who said to another, you set fire to my grain stack on the Sabbath; who is not liable. One is not liable for fines, excluding double, quadruple, or quintuple restitution which are fines.

Some want to understand it from here: An ox, or a donkey, or a sheep. Since these are particular in that they are subject to breaking, kidnapping, and dying, this excludes real estate which is not subject to breaking, kidnapping, and dying. I shall exclude real estate but shall not exclude slaves. Since these are particular in that they are subject to a fine, this excludes slaves which are not subject to a fine. I shall exclude slaves but shall not exclude documents since they are subject to fines. Since these are particular in that they are subject to overcharging, this excludes documents which are not subject to overcharging. From here they say, if somebody sells documents to the spice trader, it is subject to claims of overcharging. Rebbi Ismael explained: Or a person, if he would swear, a general statement. To cause evil or cause good, a detail. Anything which a person will blurt out, a repeat general statement. A general statement followed by a detail followed by a general statement, you only argue in the pattern of the detail. Since the detail is about monetary claims, [originating] from himself, which can be collected by court order, having monetary value, which is a fixed value, and are movables, and one is not liable for punishment and fines. Monetary claims, excluding one who said to another, give me the 200 denar which you promised me but never gave. [Originating] from himself, excluding one who said to another, you cursed me and shamed me, who is not liable. Which can be collected by court order, excluding one who said to another, you raped or seduced X’s daughter. It has monetary value, excluding documents. Which is a fixed value, excluding slaves. Movables, excluding real estate. One is not liable for punishment, excluding one who said to another, you set fire to my grain stack on the Sabbath; who is not liable. One is not liable for fines, excluding double, quadruple, or quintuple restitution which are fines.

Some want to understand it from here: An ox, or a donkey, or a sheep. Since these are particular in that they are subject to breaking, kidnapping, and dying, this excludes real estate which is not subject to breaking, kidnapping, and dying. I shall exclude real estate but shall not exclude slaves. Since these are particular in that they are subject to a fine, this excludes slaves which are not subject to a fine. I shall exclude slaves but shall not exclude documents since they are subject to fines. Since these are particular in that they are subject to overcharging, this excludes documents which are not subject to overcharging. From here they say, if somebody sells documents to the spice trader, it is subject to claims of overcharging. Rebbi Ismael explained: Or a person, if he would swear, a general statement. To cause evil or cause good, a detail. Anything which a person will blurt out, a repeat general statement. A general statement followed by a detail followed by a general statement, you only argue in the pattern of the detail. Since the detail is about monetary claims, [originating] from himself, which can be collected by court order, having monetary value, which is a fixed value, and are movables, and one is not liable for punishment and fines. Monetary claims, excluding one who said to another, give me the 200 denar which you promised me but never gave. [Originating] from himself, excluding one who said to another, you cursed me and shamed me, who is not liable. Which can be collected by court order, excluding one who said to another, you raped or seduced X’s daughter. It has monetary value, excluding documents. Which is a fixed value, excluding slaves. Movables, excluding real estate. One is not liable for punishment, excluding one who said to another, you set fire to my grain stack on the Sabbath; who is not liable. One is not liable for fines, excluding double, quadruple, or quintuple restitution which are fines.

Somebody tears up another’s documents without the latter’s agreement. Rebbi Ḥanania and Rebbi Mana, one said, he is liable; the other said, he is not liable. The one who said he is liable, as a fine. The one who said he is not liable: he is like one who obstructs the depositions of witnesses. A widow who grabs documents is like a person who ties up the mouths of witnesses.

Somebody tears up another’s documents without the latter’s agreement. Rebbi Ḥanania and Rebbi Mana, one said, he is liable; the other said, he is not liable. The one who said he is liable, as a fine. The one who said he is not liable: he is like one who obstructs the depositions of witnesses. A widow who grabs documents is like a person who ties up the mouths of witnesses.

MISHNAH: If she had compromised her ketubah, she shall not be able to collect without an oath. If one witness testifies that [the ketubah] was paid, she shall not be able to collect without an oath. From encumbered property, or from orphans’ property, she shall not be able to collect without an oath. If she collects in his absence, she shall not be able to collect without an oath. Similarly, the orphans can collect only by an oath; “an oath that our father did not instruct us, our father did not tell us, and we found nothing in our father’s documents that this note of indebtedness was paid.” Rebbi Joḥanan ben Beroqa testified that even if the son was born after the father’s death he swears and collects. Rabban Simeon ben Gamliel said, if there are witnesses that the father said on his death bed that this note of indebtedness was not paid, he collects without oath.

Rav Ḥiyya bar Ashi in the name of Rav: A document produced by the creditor in the creditor’s handwriting is invalid, for I am saying that he has practiced writing documents. This implies that in the hand of another it would be valid. Rebbi Abinna in the name of Samuel: It is always invalid unless it be in the creditors’s possession but in the debtor’s handwriting. What about this? Rebbi Yose ben Rebbi Bun said, explain it according to everybody about a testamentary gift.

And who permitted it? Rebbi permitted it and his court. At three places is Rebbi Jehudah the Prince called “our teachers,” in divorce documents, oil, and a sole. They called him “the court which permitted oil.” Any court which permits three [previously forbidden] things is called “permissive court.” Rebbi Yudan said, his court disagreed with him about the bills of divorce. May she be allowed to remarry? Rebbi Ḥaggai said, she is allowed to remarry. Rebbi Yose said, she is forbidden to remarry.

What is uncut triton? Any where heads and spines exist. Rebbi Eleazar in the name of Rebbi Ḥanina: It happened that on a ship of the House of Rebbi there were more than 300 amphoras. Rebbi checked them all out and found only one where heads and spines were found. He permitted all of them. Rebbi Jacob bar Aḥa said, Rebbi Assi asked, would it not be reasonable that one amphora be permitted but the other amphoras be forbidden? But it was by a pretext. (A sale) was mixed up. Rebbi Ḥaggai asked Rebbi Abba bar Zavda who said to him, the property of the public cannot be forbidden. Rebbi Jacob bar Zavdi said, Rebbi Isaac asked: Is not Cajus Lycus written on these documents, and you say, by a pretext?