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כתובות 18:2
Soncino English Talmud · Berean Standard Bible
[Indeed] he would like to admit the whole of it, only he does not do it in order to slip away from him [for the present]. and he thinks, 'as soon as I will have money I will pay it'. And [therefore] the Divine Law said: Impose an oath on him, so that he should admit the whole of it. [Now] R. Eliezer b. Jacob holds [that] he is not insolent against him nor against his son, and therefore he is not [regarded as] one who returns a lost thing. And the Rabbis hold [that] against him he is not insolent, but against his son he might be insolent, and since he is not insolent, he is [regarded as] one who returns a lost thing. MISHNAH. IF WITNESSES SAID, 'THIS IS OUR HANDWRITING, BUT WE WERE FORCED, WE WERE MINORS, WE WERE DISQUALIFIED WITNESSES, THEY ARE BELIEVED. BUT IF THERE ARE WITNESSES THAT IT IS THEIR HANDWRITING, OR THEIR HANDWRITING COMES OUT FROM ANOTHER PLACE, THEY ARE NOT BELIEVED. GEMARA. Rami b. Hama said: They taught this only when they said: We were forced [by threats] with regard to money. but [if they said]. we were forced [by threats] with regard to [our] life, they are believed. Raba said to him: Is it so? After he has once testified. he cannot again testify! And if you will say [that] this applies only to an oral testimony but not to testimony In a document — did not Resh Lakish say: If witnesses are signed on a document it is as if their testimony had been examined in court? No; if it has been said, it has been said with regard to the first clause, [where it is stated:] THEY ARE BELIEVED. Whereupon Rami b. Hama said: They taught this only when they said, 'We were forced [by threats] with regard to [our] life.' but if they said, 'we were forced [by threats] with regard to money. they are not believed. because no one makes himself [out to be] a wicked man. Our Rabbis taught: They are not believed to disqualify it. This is the view of R. Meir; but the Sages say [that] they are believed. This is right according to the Rabbis, who follow their principle 'the mouth that bound is the mouth that loosened,' but what is the reason of R. Meir? I grant you [with regard to] 'DISQUALIFIED WITNESSES.' [because] the creditor himself examines well [the witnesses] beforehand and [then] lets [them] sign. [With regard to] 'MINORS' also [it can be explained] according to R. Simeon b. Lakish. for Resh Lakish said:
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