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כתובות 21:1
Soncino English Talmud · Berean Standard Bible
they give evidence with regard to their handwriting. according to the Sages they give evidence with regard to the maneh in the deed. This is self-evident! — You might have said that Rabbi was in doubt whether they testified to their signature or to the maneh in the deed. And the difference would be when one of them died. [Here] we need two witnesses from the street to testify regarding it, because otherwise, the whole of the money less a quarter would go out by the mouth of one witness, and both here and there the stricter rule would prevail. Therefore, he teaches that it is clear to Rabbi, whether the result is lenient or strict. For Rab Judah said [that] Rab said: If two [witnesses] are signed on a document and one of them died, two [persons] from the street are required to give evidence with regard to him. In this it would be lenient according to Rabbi and it is strict according to the Rabbis. And if there are not two, but there is only one, what [then]? — Said Abaye: He shall write his signature on a piece of clay and place it before the court, and the court confirms it, and he need not testify to his own signature, and he [then] goes with that one and they [together] testify to [the signature of] the other [witness]. And only on a piece of clay but not a scroll, lest a bad man may find it and write on it whatever he likes, and We have learned: If one person produces the handwriting of another person that he owes him [money], he collects [the debt] from unmortgaged property. Rab Judah said [that] Samuel said. The halachah is according to the Sages This is obvious! [When there is a dispute between] one [authority] and many [authorities] the law is according to the many (authorities]! You might have said: since the halachah is according to Rabbi as against one of his fellow-scholars, it is also against many of his fellow-scholars, so be lets us hear [otherwise]. (Mnemonic: NaH, NaD, HaD.) R. Hinena b. Hiyya said to R. Judah, and some say (that] R. Huna b. Judah [said] to Rab Judah, and some say [that] R. Hiyya b. Judah [said] to Rab Judah: And did Samuel say so? Surely once a deed came out from the court of Mar Samuel and there was written in it, 'Whereas R. 'Anan b. Hiyya came and testified to his own signature and to that of his fellow-witness, namely, R. Hanan b. Rabbah, and whereas R. Hanan b. Rabbah came and testified to his own signature and to that of his fellow-witness, namely R. 'Anan b. Hiyya,' we have verified it, and we have confirmed it, as it is proper! — He said to him: That deed belonged to orphans, and Samuel was afraid of an erring court. Samuel thought: There might be someone who held that the halachah is [generally] according to Rabbi as against one fellow-scholar, and not as against many of his fellow-scholars, but [that] in this [the halachah is according to Rabbi] even as against many of his fellow-scholars, I will make relief, so that the orphans should not suffer any loss. Rab Judah said [that] Samuel said: Witness and judge are joined together. Rami b. Hama said: How excellent is this tradition! Said Raba: What is the excellence? What the witness testifies to the judge does not testify to, and what the judge testifies to the witness does not testify to? And indeed, when Rami b. Ezekiel came he said: Do not heed those rules which my brother Judah laid down in the name of Samuel.
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