Bava Batra

AND A AND B [WERE SIGNED ON IT AS] ITS WITNESSES. GEMARA. Our Rabbis taught: What is the form of its  attestation? — 'We, X, Y and Z, being in a session of three, A son of B produced before us a faded bond on such and such a date, and C and D [were signed as] Its witnesses'. And if the attestation contains [the following]. 'We have dealt with the evidence of the witnesses and their evidence was found to agree', [the creditor] collects [his debt]  and is not required to produce [any additional] proof; but if not,  he is required to produce proof.  [A bond] intentionally torn is invalid; if torn accidentally, it is valid. [In case] it was effaced or obliterated, if the tracing  [of the letters] is distinguishable it is valid. How is one to understand 'intentionally torn' and how, 'torn accidentally'? Rab Judah said: 'Intentionally torn' [means] a tear made by a court of law; 'torn accidentally', a tear which [was] not made by a court of law. How is 'a tear made by a court of law' to be understood? — Rab Judah said: [If it was made at] the place of the witnesses, the place of the date and the place of the amount.  Abaye said: [If it runs] lengthwise and crosswise. Certain Arabs who came to Pumbeditha were seizing by force the lands of the inhabitants.  The owners  came to Abaye [and] said to him: 'Will the Master examine our deeds and write for us duplicates  so that, in case one is forcibly taken away. we shall [still] hold one in our possession'?  He said to them: 'What can I do for you. when R. Safra said: Two deeds [may] not be written in respect of the same field [since a person] might [thereby] seize and seize again'.  [As] they were troubling him,  be said to his scribe, 'Go [and] write for them the text  [of the deeds] on an erasure and [let] the  witnesses [sign] on [clean] paper, [and thus produce duplicate deeds], which [are] invalid.  Said R. Aha b. Manyumi to Abaye;  Might it not happen that the [original] tracing  would be distinguishable, and [concerning such a case, surely,] it was taught: [A deed that] was effaced or obliterated, if its tracing is distinguishable. [is] valid!  — He replied to him: Did I say a proper deed [shall be written]?  What I said was mere [letters of the] alphabet. Our Rabbis taught: Should [a creditor] come and say, 'I lost my bond of indebtedness',  the bond [may not] be rewritten for him although witnesses stated, 'We wrote, signed and delivered [such a deed] to him'.  This, [however], applies only to the case  of bonds of indebtedness  but [in the case of] deeds of purchase and sale [a deed], with the omission  of [the clause] pledging [property may] be [re]written.