Bava Batra

, and they are at liberty to write it down without being definitely instructed by the protester to do so.  A moda'ah  must be made in the presence of two persons, and they are at liberty to write it down without being definitely instructed to do so.  An admission of a debt must be made in the presence of two persons, and they must not write it unless definitely instructed to do so.  A transfer [by means of a cloth]  must be carried out in the presence of two persons, and they may record it in writing without being definitely instructed to do so.  For certifying [the signatures of witnesses to] documents  [a Beth din of] three persons is required. (The mnemonic [for these is] Mamhak.)  Said Raba: If I have any difficulty about any of these rulings, it is this: How are we to regard this legal transfer [by means of a cloth]? If it is on a par with a proceeding of the Beth din, then we should require three persons. If it is not on a par with the proceedings of the Beth din, why can it be recorded without the permission of the seller?  — After posing the question, he himself resolved it. 'In fact a kinyan', he said, 'is not on the same footing as a proceeding of the Beth din, and the reason why the witnesses may record it in writing without definite instructions from the transferor is because a kinyan unless there are instructions to the contrary, is intended to be recorded in writing.' Both Rabbah and R. Joseph hold that a moda'ah  should not be issued save against a man who does not obey the decisions of the Beth din.  [This is not the opinion of] Abaye and Raba, who said [to one another]: It can be issued even against me and against you. The Nehardeans say that a moda'ah