Search

Bava Batra 160

Want to dedicate learning? Get started here:

podcast placeholder

0:00
0:00




Summary

The tenth chapter begins with a comparison between two different types of documents – a regular one (pashut) and one that has folds (mekushar). The differences include the number of witnesses required and where they sign. Several verses are brought to find a source for these two documents and their differences in the Torah and in Yirmiyahu. However, since these verses can be explained in another manner, the Gemara concludes that these differences are rabbinic and are merely connected to verses as an asmachta.

The get mekushar was instituted in a particular place where many kohanim lived who were known to be short-tempered and would decide in a moment of anger to divorce their wives. Since kohanim cannot remarry their wife after divorcing her, the rabbis instituted a takana that the kohanim would need to give their wives a get mekushar, which is very time-consuming. This would buy time so they could calm down from their anger and hopefully decide not to divorce their wives.

Rav Huna and Rav Yirmia bar Abba debate where the witnesses sign on a get mekushar, either between the folds or on the back of the document opposite the writing. Rami bar Hama asked about Rav Huna’s opinion, why are we not concerned that someone will add words to the text below after the witnesses sign.

Today’s daily daf tools:

Bava Batra 160

גֵּט פָּשׁוּט – עֵדָיו מִתּוֹכוֹ. מְקוּשָּׁר – עֵדָיו מֵאֲחוֹרָיו.

MISHNA: In an ordinary document, its witnesses are to sign inside it, i.e., on the written side of the paper. In a folded and tied document, its witnesses are to sign on the back of it.

פָּשׁוּט – שֶׁכָּתְבוּ עֵדָיו מֵאֲחוֹרָיו, מְקוּשָּׁר – שֶׁכָּתְבוּ עֵדָיו מִתּוֹכוֹ, שְׁנֵיהֶם פְּסוּלִין. רַבִּי חֲנִינָא בֶּן גַּמְלִיאֵל אוֹמֵר: מְקוּשָּׁר שֶׁכָּתְבוּ עֵדָיו מִתּוֹכוֹ – כָּשֵׁר, מִפְּנֵי שֶׁיָּכוֹל לַעֲשׂוֹתוֹ פָּשׁוּט. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: הַכֹּל כְּמִנְהַג הַמְּדִינָה.

With regard to an ordinary document whose witnesses wrote their signatures on the back of it, and a tied document whose witnesses wrote their signatures inside of it, both of these are not valid. Rabbi Ḥanina ben Gamliel says: A tied document whose witnesses wrote their signatures inside of it is valid, because one can transform it into an ordinary document by untying it. Rabban Shimon ben Gamliel says: Everything is in accordance with regional custom.

גֵּט פָּשׁוּט – עֵדָיו בִּשְׁנַיִם, וּמְקוּשָּׁר – בִּשְׁלֹשָׁה. פָּשׁוּט שֶׁכָּתַב בּוֹ עֵד אֶחָד, וּמְקוּשָּׁר שֶׁכָּתַב בּוֹ שְׁנֵי עֵדִים – שְׁנֵיהֶם פְּסוּלִין.

An ordinary document is rendered valid by its having at least two witnesses, and a tied document is rendered valid by its having at least three witnesses. With regard to an ordinary document in which a single witness wrote his signature, and a tied document in which only two witnesses wrote their signatures, they are both not valid.

גְּמָ׳ מְנָהָנֵי מִילֵּי? אָמַר רַבִּי חֲנִינָא, דְּאָמַר קְרָא: ״שָׂדוֹת בַּכֶּסֶף יִקְנוּ, וְכָתוֹב בַּסֵּפֶר וְחָתוֹם, וְהָעֵד עֵדִים״. ״שָׂדוֹת בַּכֶּסֶף יִקְנוּ וְכָתוֹב בַּסֵּפֶר״ –

GEMARA: The Gemara asks: From where are these matters derived? What biblical basis is there for the existence of these two types of documents? Rabbi Ḥanina says: As the verse states: “They shall buy fields for money, and subscribe the deeds, and seal them, and call witnesses” (Jeremiah 32:44). When the verse states: “They shall buy fields for money, and subscribe the deeds,”

זֶה פָּשׁוּט. ״וְחָתוֹם״ – זֶה מְקוּשָּׁר. ״וְהָעֵד״ – שְׁנַיִם, ״עֵדִים״ – שְׁלֹשָׁה. הָא כֵּיצַד? שְׁנַיִם לְפָשׁוּט, שְׁלֹשָׁה לִמְקוּשָּׁר.

this is referring to an ordinary document. When the verse states: “And seal them,” this is referring to a tied document. The next phrase, “and call witnesses [veha’ed edim],” which more literally would be translated: And have witnesses bear witness, is interpreted as follows: “And have bear witness [veha’ed],” this indicates the need for two witnesses, as the term “witness [ed]” in the Torah generally refers to two witnesses. As to the word “witnesses [edim],” this additional term indicates the need for three witnesses. How so? How can the verse call for both two witnesses and three witnesses? Rabbi Ḥanina explains: Two witnesses are required for an ordinary document, and three are required for a tied document.

וְאֵיפוֹךְ אֲנָא! מִתּוֹךְ שֶׁנִּתְרַבָּה בִּקְשָׁרָיו, נִתְרַבָּה בְּעֵדָיו.

The Gemara questions this explanation: But I can just as well reverse it, requiring two witnesses for a tied document and three for an ordinary one. The Gemara answers: Since the tied document requires more to be done with regard to its ties, it stands to reason that it requires more to be done with regard to its witnesses, requiring three rather than two.

רַפְרָם אָמַר, מֵהָכָא: ״וָאֶקַּח אֶת סֵפֶר הַמִּקְנָה, אֶת הֶחָתוּם הַמִּצְוָה וְהַחֻקִּים, וְאֶת הַגָּלוּי״; ״וָאֶקַּח אֶת סֵפֶר הַמִּקְנָה״ – זֶה פָּשׁוּט. ״אֶת הֶחָתוּם״ – זֶה מְקוּשָּׁר. ״וְאֶת הַגָּלוּי״ – זֶה פָּשׁוּט שֶׁבַּמְקוּשָּׁר.

Rafram says that there is a different source for two kinds of documents, from here: “So I took the deed of the purchase, that which was sealed, the terms and conditions, and that which was open” (Jeremiah 32:11). When the verse states: “So I took the deed of the purchase,” this is referring to an ordinary document. When it states: “That which was sealed,” this is referring to a tied document. When it states: “And that which was open,” this is referring to the ordinary, unfolded part of a tied document.

״הַמִּצְוָה וְהַחֻקִּים״ – אֵלּוּ דְּבָרִים שֶׁבֵּין פָּשׁוּט לִמְקוּשָּׁר. הָא כֵּיצַד? זֶה עֵדָיו שְׁנַיִם, וְזֶה עֵדָיו שְׁלֹשָׁה; זֶה עֵדָיו מִתּוֹכוֹ, וְזֶה עֵדָיו מֵאֲחוֹרָיו.

Rafram continues: With regard to the phrase: “The terms and conditions,” these are the matters that distinguish an ordinary document from a tied one. How so? What are the details that differentiate the two types of documents? This one, the ordinary document, has two witnesses, and that one, the tied document, has three witnesses. And in this one, the ordinary document, its witnesses are signed inside it, on the front side, while in that one, the tied document, its witnesses are signed on the back of it.

וְאֵיפוֹךְ אֲנָא! מִתּוֹךְ שֶׁנִּתְרַבָּה בִּקְשָׁרָיו, נִתְרַבָּה בְּעֵדָיו.

The Gemara questions this explanation: But I can just as well reverse it, requiring two witnesses for a tied document and three for an ordinary one. The Gemara answers: Since the tied document requires more to be done with regard to its ties, it stands to reason that it requires more to be done with regard to its witnesses, requiring three rather than two.

רָמֵי בַּר יְחֶזְקֵאל אָמַר, מֵהָכָא: ״עַל פִּי שְׁנַיִם עֵדִים אוֹ עַל פִּי שְׁלֹשָׁה עֵדִים יָקוּם דָּבָר״ – אִם תִּתְקַיֵּים עֵדוּתָן בִּשְׁנַיִם, לָמָּה פָּרַט לָךְ בִּשְׁלֹשָׁה? לוֹמַר לָךְ: שְׁנַיִם לְפָשׁוּט, שְׁלֹשָׁה לִמְקוּשָּׁר.

Rami bar Yeḥezkel said that there is a different source for two sets of halakhot for two types of documents from here: “At the mouth of two witnesses or at the mouth of three witnesses shall a matter be established” (Deuteronomy 19:15). If witnesses’ testimony is established with two witnesses, why did the verse specify for you that it is also established with three, which is self-evident? Rather, this verse serves to tell you that there is a requirement for two witnesses for an ordinary document, and a requirement for three witnesses for a tied document.

וְאֵיפוֹךְ אֲנָא! מִתּוֹךְ שֶׁנִּתְרַבָּה בִּקְשָׁרָיו, נִתְרַבָּה בְּעֵדָיו.

The Gemara questions this explanation: But I can just as well reverse it, requiring two witnesses for a tied document and three for an ordinary one. The Gemara answers: Since the tied document requires more to be done with regard to its ties, it stands to reason that it requires more to be done with regard to its witnesses, requiring three rather than two.

וְהָנֵי לְהָכִי הוּא דְּאָתוּ? כׇּל חַד וְחַד לְמִילְּתֵיהּ הוּא דַּאֲתָא – לְכִדְתַנְיָא: ״שָׂדוֹת בַּכֶּסֶף יִקְנוּ, וְכָתוֹב בַּסֵּפֶר וְחָתוֹם״ – עֵצָה טוֹבָה קָא מַשְׁמַע לַן. ״וָאֶקַּח אֶת סֵפֶר הַמִּקְנָה״ – הָכִי הֲוָה מַעֲשֶׂה. ״עַל פִּי שְׁנַיִם עֵדִים אוֹ עַל פִּי שְׁלֹשָׁה עֵדִים״ – לְהַקִּישׁ שְׁלֹשָׁה לִשְׁנַיִם, בִּפְלוּגְתָּא דְּרַבִּי עֲקִיבָא וְרַבָּנַן!

The Gemara asks: And is it so that these verses are coming for this purpose, to teach that there are two types of documents? But each and every one of them comes for its own purpose. The first verse comes for that which is taught in a baraita: When the verse states: “They shall buy fields for money, and subscribe the deeds, and seal them, and call witnesses” (Jeremiah 32:44), it is merely to teach us good advice, that people should carefully document their purchases in order to provide permanent proof of purchase. When the verse states: “So I took the deed of the purchase” (Jeremiah 32:11), this was merely how that incident occurred, and the phrase is not intended to teach any halakhot. When the verse states: “At the mouth of two witnesses or at the mouth of three witnesses shall a matter be established” (Deuteronomy 19:15), this is stated in order to juxtapose three witnesses with two witnesses for several reasons, as delineated in the dispute between Rabbi Akiva and the Rabbis (Makkot 5b).

אֶלָּא מְקוּשָּׁר מִדְּרַבָּנַן, וּקְרָאֵי אַסְמַכְתָּא בְּעָלְמָא.

The Gemara explains: Rather, the entire institution of the tied document is rabbinic in origin, and all these verses that were cited above by various amora’im were intended as mere support for the concept of a tied document, as opposed to actual sources.

וְטַעְמָא מַאי תַּקִּינוּ רַבָּנַן מְקוּשָּׁר? אַתְרָא דְכָהֲנֵי הֲווֹ, וַהֲווֹ קָפְדִי טוּבָא וּמְגָרְשִׁי נָשַׁיְיהוּ; וְעָבְדִי רַבָּנַן תַּקַּנְתָּא, אַדְּהָכִי וְהָכִי מִיַּתְּבָא דַּעְתַּיְיהוּ.

The Gemara asks: And what is the reason that the Sages instituted the tied document? The Gemara explains: There was a place where there were many priests, and they were very quick tempered, and they would seek to divorce their wives impetuously. The halakha is that a priest may not marry a divorcée, even his own ex-wife. These priests, who acted impetuously, often regretted having divorced their wives. And therefore, the Sages instituted an ordinance that the bill of divorce for these people should be of the tied format, which is a long, drawn-out process, hoping that meanwhile, their composure would be regained and they would reconsider their decision to divorce.

הָתִינַח גִּיטִּין, שְׁטָרוֹת מַאי אִיכָּא לְמֵימַר? כְּדֵי שֶׁלֹּא תְּחַלֵּק בֵּין גִּיטִּין לִשְׁטָרוֹת.

The Gemara asks: This works out well for bills of divorce, but what can be said with regard to other documents? Why is this procedure used for other documents as well? The Gemara answers: This was instituted so that you should not differentiate between bills of divorce and other documents.

הֵיכָן עֵדִים חוֹתְמִין? רַב הוּנָא אָמַר: בֵּין קֶשֶׁר לְקֶשֶׁר. וְרַב יִרְמְיָה בַּר אַבָּא אָמַר: אֲחוֹרֵי הַכְּתָב – וּכְנֶגֶד הַכְּתָב מִבַּחוּץ.

§ Where do the witnesses sign on a tied document? Rav Huna says: They sign between each tied fold. And Rav Yirmeya bar Abba says: They sign on the back of the written side, taking care that the signatures are exactly opposite the writing, on the outside.

אֲמַר לֵיהּ רָמֵי בַּר חָמָא לְרַב חִסְדָּא: לְרַב הוּנָא דְּאָמַר בֵּין קֶשֶׁר לְקֶשֶׁר – קָא סָלְקָא דַּעְתִּין בֵּין קֶשֶׁר לְקֶשֶׁר מִגַּוַּאי – וְהָא הָהוּא מְקוּשָּׁר דַּאֲתָא לְקַמֵּיהּ דְּרַבִּי, וְאָמַר רַבִּי: אֵין זְמַן בָּזֶה! אֲמַר לֵיהּ רַבִּי שִׁמְעוֹן בְּרַבִּי לְרַבִּי: שֶׁמָּא בֵּין קְשָׁרָיו מוּבְלָע? פַּלְיֵיהּ, וְחַזְיֵיהּ. וְאִם אִיתָא, ״אֵין זְמַן בָּזֶה וְאֵין עֵדִים בָּזֶה״ מִיבַּעְיָא לֵיהּ!

Rami bar Ḥama said to Rav Ḥisda: According to Rav Huna, who says that the witnesses sign between each tied fold, it enters our mind that he meant between each tied fold on the inside of the document. But this is difficult, as there was a certain tied document that came before Rabbi Yehuda HaNasi, and Rabbi Yehuda HaNasi, not realizing it was tied, said: There is no date on this document, so it is not valid. Then, Rabbi Shimon, son of Rabbi Yehuda HaNasi, said to Rabbi Yehuda HaNasi: Perhaps the date is hidden between the tied folds. Rabbi Yehuda HaNasi opened it and saw that the date was in fact between the tied folds. And if it is so that the witnesses sign between each tied fold on the inside of the document, Rabbi Yehuda HaNasi should have had two objections, and said: There is no date on this document, and there are also no witnesses signed on this document.

אֲמַר לֵיהּ: מִי סָבְרַתְּ בֵּין קֶשֶׁר לְקֶשֶׁר – מִגַּוַּאי? לָא, בֵּין קֶשֶׁר לְקֶשֶׁר – מֵאַבָּרַאי.

Rav Ḥisda said to him: Do you maintain that Rav Huna meant that the witnesses sign between the tied folds on the inside? No, he meant between the tied folds on the outside of the document.

וְנֵיחוּשׁ דִּלְמָא זַיֵּיף וְכָתֵב מַאי דְּבָעֵי, וַחֲתִימִי סָהֲדִי!

The Gemara questions Rav Huna’s opinion: But let us be concerned that perhaps the party holding the document falsified some information and wrote whatever he wanted. And this is a concern, as there are already witnesses signed on the document. In an ordinary document the witnesses sign immediately following the text, so there is no possibility of adding to the text. A tied document has part of its text written in the folds, but also has a part written on the face of the document on the unfolded paper, before or after the text in the folded part. If the witnesses sign between the folds there is the possibility of writing additional text in the unfolded section.

דִּכְתִיב בֵּיהּ: ״שָׁרִיר וְקַיָּים״.

The Gemara explains: The case is one where it is written in the document: Everything is confirmed and established. That is, every folded document must contain this formula at the end of the text, to prevent forgery, as any writing after this formula would be disregarded.

וְנֵיחוּשׁ דִּלְמָא כָּתֵב מַאי דְּבָעֵי, וַהֲדַר כָּתֵב ״שָׁרִיר וְקַיָּים״ אַחֲרִינָא! חַד ״שָׁרִיר וְקַיָּים״ כָּתְבִינַן, תְּרֵי ״שָׁרִיר וְקַיָּים״ לָא כָּתְבִינַן.

The Gemara questions this explanation: But let us be concerned that perhaps the holder of the document wrote whatever he wanted and afterward wrote another time: Everything is confirmed and established. The Gemara explains: We write only one declaration of: Everything is confirmed and established; we do not write two declarations of: Everything is confirmed and established. Therefore, anything written after the first declaration would be rejected, even if followed by a repetition of the declaration.

וְלֵיחוּשׁ דִּלְמָא מָחֵיק לֵיהּ לְ״שָׁרִיר וְקַיָּים״, וְכָתַב מַאי דְּבָעֵי, וַהֲדַר כָּתֵב ״שָׁרִיר וְקַיָּים״! הָא אָמַר רַבִּי יוֹחָנָן: תְּלוּיָה; מְקוּיֶּימֶת – כְּשֵׁרָה,

The Gemara questions further: But let there be a concern that perhaps the holder of the document erased the declaration: Everything is confirmed and established, and then wrote whatever he wanted over the erasure, and afterward wrote the declaration: Everything is confirmed and established. The Gemara responds: How could this happen? Doesn’t Rabbi Yoḥanan say: A document that includes a suspended correction of text inserted between lines of the document, which is verified at the end of the document, is valid;

Today’s daily daf tools:

Delve Deeper

Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.

For the Beyond the Daf shiurim offered in Hebrew, see here.

New to Talmud?

Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you. 

The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

I began my journey with Rabbanit Michelle more than five years ago. My friend came up with a great idea for about 15 of us to learn the daf and one of us would summarize weekly what we learned.
It was fun but after 2-3 months people began to leave. I have continued. Since the cycle began Again I have joined the Teaneck women.. I find it most rewarding in so many ways. Thank you

Dena Heller
Dena Heller

New Jersey, United States

I saw an elderly man at the shul kiddush in early March 2020, celebrating the siyyum of masechet brachot which he had been learning with a young yeshiva student. I thought, if he can do it, I can do it! I began to learn masechet Shabbat the next day, Making up masechet brachot myself, which I had missed. I haven’t missed a day since, thanks to the ease of listening to Hadran’s podcast!
Judith Shapiro
Judith Shapiro

Minnesota, United States

I learned daf more off than on 40 years ago. At the beginning of the current cycle, I decided to commit to learning daf regularly. Having Rabanit Michelle available as a learning partner has been amazing. Sometimes I learn with Hadran, sometimes with my husband, and sometimes on my own. It’s been fun to be part of an extended learning community.

Miriam Pollack
Miriam Pollack

Honolulu, Hawaii, United States

The start of my journey is not so exceptional. I was between jobs and wanted to be sure to get out every day (this was before corona). Well, I was hooked after about a month and from then on only looked for work-from-home jobs so I could continue learning the Daf. Daf has been a constant in my life, though hurricanes, death, illness/injury, weddings. My new friends are Rav, Shmuel, Ruth, Joanna.
Judi Felber
Judi Felber

Raanana, Israel

My family recently made Aliyah, because we believe the next chapter in the story of the Jewish people is being written here, and we want to be a part of it. Daf Yomi, on the other hand, connects me BACK, to those who wrote earlier chapters thousands of years ago. So, I feel like I’m living in the middle of this epic story. I’m learning how it all began, and looking ahead to see where it goes!
Tina Lamm
Tina Lamm

Jerusalem, Israel

I started the daf at the beginning of this cycle in January 2020. My husband, my children, grandchildren and siblings have been very supportive. As someone who learned and taught Tanach and mefarshim for many years, it has been an amazing adventure to complete the six sedarim of Mishnah, and now to study Talmud on a daily basis along with Rabbanit Michelle and the wonderful women of Hadran.

Rookie Billet
Rookie Billet

Jerusalem, Israel

I went to day school in Toronto but really began to learn when I attended Brovenders back in the early 1980’s. Last year after talking to my sister who was learning Daf Yomi, inspired, I looked on the computer and the Hadran site came up. I have been listening to each days shiur in the morning as I work. I emphasis listening since I am not sitting with a Gamara. I listen while I work in my studio.

Rachel Rotenberg
Rachel Rotenberg

Tekoa, Israel

“I got my job through the NY Times” was an ad campaign when I was growing up. I can headline “I got my daily Daf shiur and Hadran through the NY Times”. I read the January 4, 2020 feature on Reb. Michelle Farber and Hadran and I have been participating ever since. Thanks NY Times & Hadran!
Deborah Aschheim
Deborah Aschheim

New York, United States

I start learning Daf Yomi in January 2020. The daily learning with Rabbanit Michelle has kept me grounded in this very uncertain time. Despite everything going on – the Pandemic, my personal life, climate change, war, etc… I know I can count on Hadran’s podcast to bring a smile to my face.
Deb Engel
Deb Engel

Los Angeles, United States

My Daf journey began in August 2012 after participating in the Siyum Hashas where I was blessed as an “enabler” of others.  Galvanized into my own learning I recited the Hadran on Shas in January 2020 with Rabbanit Michelle. That Siyum was a highlight in my life.  Now, on round two, Daf has become my spiritual anchor to which I attribute manifold blessings.

Rina Goldberg
Rina Goldberg

Englewood NJ, United States

My husband learns Daf, my son learns Daf, my son-in-law learns Daf.
When I read about Hadran’s Siyyum HaShas 2 years ago, I thought- I can learn Daf too!
I had learned Gemara in Hillel HS in NJ, & I remembered loving it.
Rabbanit Michelle & Hadran have opened my eyes & expanding my learning so much in the past few years. We can now discuss Gemara as a family.
This was a life saver during Covid

Renee Braha
Renee Braha

Brooklyn, NY, United States

With Rabbanit Dr. Naomi Cohen in the Women’s Talmud class, over 30 years ago. It was a “known” class and it was accepted, because of who taught. Since then I have also studied with Avigail Gross-Gelman and Dr. Gabriel Hazut for about a year). Years ago, in a shiur in my shul, I did know about Persians doing 3 things with their clothes on. They opened the shiur to woman after that!

Sharon Mink
Sharon Mink

Haifa, Israel

I started learning daf in January, 2020, being inspired by watching the Siyyum Hashas in Binyanei Haumah. I wasn’t sure I would be able to keep up with the task. When I went to school, Gemara was not an option. Fast forward to March, 2022, and each day starts with the daf. The challenge is now learning the intricacies of delving into the actual learning. Hadran community, thank you!

Rochel Cheifetz
Rochel Cheifetz

Riverdale, NY, United States

I began my Daf Yomi journey on January 5, 2020. I had never learned Talmud before. Initially it struck me as a bunch of inane and arcane details with mind bending logic. I am now smitten. Rabbanit Farber brings the page to life and I am eager to learn with her every day!

Lori Stark
Lori Stark

Highland Park, United States

In my Shana bet at Migdal Oz I attended the Hadran siyum hash”as. Witnessing so many women so passionate about their Torah learning and connection to God, I knew I had to begin with the coming cycle. My wedding (June 24) was two weeks before the siyum of mesechet yoma so I went a little ahead and was able to make a speech and siyum at my kiseh kallah on my wedding day!

Sharona Guggenheim Plumb
Sharona Guggenheim Plumb

Givat Shmuel, Israel

“I got my job through the NY Times” was an ad campaign when I was growing up. I can headline “I got my daily Daf shiur and Hadran through the NY Times”. I read the January 4, 2020 feature on Reb. Michelle Farber and Hadran and I have been participating ever since. Thanks NY Times & Hadran!
Deborah Aschheim
Deborah Aschheim

New York, United States

Margo
I started my Talmud journey in 7th grade at Akiba Jewish Day School in Chicago. I started my Daf Yomi journey after hearing Erica Brown speak at the Hadran Siyum about marking the passage of time through Daf Yomi.

Carolyn
I started my Talmud journey post-college in NY with a few classes. I started my Daf Yomi journey after the Hadran Siyum, which inspired both my son and myself.

Carolyn Hochstadter and Margo Kossoff Shizgal
Carolyn Hochstadter and Margo Kossoff Shizgal

Merion Station,  USA

Beit Shemesh, Israel

Hearing and reading about the siyumim at the completion of the 13 th cycle Daf Yomi asked our shul rabbi about starting the Daf – he directed me to another shiur in town he thought would allow a woman to join, and so I did! Love seeing the sources for the Divrei Torah I’ve been hearing for the past decades of living an observant life and raising 5 children .

Jill Felder
Jill Felder

Pittsburgh, Pennsylvania, United States

It has been a pleasure keeping pace with this wonderful and scholarly group of women.

Janice Block
Janice Block

Beit Shemesh, Israel

I decided to learn one masechet, Brachot, but quickly fell in love and never stopped! It has been great, everyone is always asking how it’s going and chering me on, and my students are always making sure I did the day’s daf.

Yafit Fishbach
Yafit Fishbach

Memphis, Tennessee, United States

Bava Batra 160

גֵּט פָּשׁוּט – עֵדָיו מִתּוֹכוֹ. מְקוּשָּׁר – עֵדָיו מֵאֲחוֹרָיו.

MISHNA: In an ordinary document, its witnesses are to sign inside it, i.e., on the written side of the paper. In a folded and tied document, its witnesses are to sign on the back of it.

פָּשׁוּט – שֶׁכָּתְבוּ עֵדָיו מֵאֲחוֹרָיו, מְקוּשָּׁר – שֶׁכָּתְבוּ עֵדָיו מִתּוֹכוֹ, שְׁנֵיהֶם פְּסוּלִין. רַבִּי חֲנִינָא בֶּן גַּמְלִיאֵל אוֹמֵר: מְקוּשָּׁר שֶׁכָּתְבוּ עֵדָיו מִתּוֹכוֹ – כָּשֵׁר, מִפְּנֵי שֶׁיָּכוֹל לַעֲשׂוֹתוֹ פָּשׁוּט. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: הַכֹּל כְּמִנְהַג הַמְּדִינָה.

With regard to an ordinary document whose witnesses wrote their signatures on the back of it, and a tied document whose witnesses wrote their signatures inside of it, both of these are not valid. Rabbi Ḥanina ben Gamliel says: A tied document whose witnesses wrote their signatures inside of it is valid, because one can transform it into an ordinary document by untying it. Rabban Shimon ben Gamliel says: Everything is in accordance with regional custom.

גֵּט פָּשׁוּט – עֵדָיו בִּשְׁנַיִם, וּמְקוּשָּׁר – בִּשְׁלֹשָׁה. פָּשׁוּט שֶׁכָּתַב בּוֹ עֵד אֶחָד, וּמְקוּשָּׁר שֶׁכָּתַב בּוֹ שְׁנֵי עֵדִים – שְׁנֵיהֶם פְּסוּלִין.

An ordinary document is rendered valid by its having at least two witnesses, and a tied document is rendered valid by its having at least three witnesses. With regard to an ordinary document in which a single witness wrote his signature, and a tied document in which only two witnesses wrote their signatures, they are both not valid.

גְּמָ׳ מְנָהָנֵי מִילֵּי? אָמַר רַבִּי חֲנִינָא, דְּאָמַר קְרָא: ״שָׂדוֹת בַּכֶּסֶף יִקְנוּ, וְכָתוֹב בַּסֵּפֶר וְחָתוֹם, וְהָעֵד עֵדִים״. ״שָׂדוֹת בַּכֶּסֶף יִקְנוּ וְכָתוֹב בַּסֵּפֶר״ –

GEMARA: The Gemara asks: From where are these matters derived? What biblical basis is there for the existence of these two types of documents? Rabbi Ḥanina says: As the verse states: “They shall buy fields for money, and subscribe the deeds, and seal them, and call witnesses” (Jeremiah 32:44). When the verse states: “They shall buy fields for money, and subscribe the deeds,”

זֶה פָּשׁוּט. ״וְחָתוֹם״ – זֶה מְקוּשָּׁר. ״וְהָעֵד״ – שְׁנַיִם, ״עֵדִים״ – שְׁלֹשָׁה. הָא כֵּיצַד? שְׁנַיִם לְפָשׁוּט, שְׁלֹשָׁה לִמְקוּשָּׁר.

this is referring to an ordinary document. When the verse states: “And seal them,” this is referring to a tied document. The next phrase, “and call witnesses [veha’ed edim],” which more literally would be translated: And have witnesses bear witness, is interpreted as follows: “And have bear witness [veha’ed],” this indicates the need for two witnesses, as the term “witness [ed]” in the Torah generally refers to two witnesses. As to the word “witnesses [edim],” this additional term indicates the need for three witnesses. How so? How can the verse call for both two witnesses and three witnesses? Rabbi Ḥanina explains: Two witnesses are required for an ordinary document, and three are required for a tied document.

וְאֵיפוֹךְ אֲנָא! מִתּוֹךְ שֶׁנִּתְרַבָּה בִּקְשָׁרָיו, נִתְרַבָּה בְּעֵדָיו.

The Gemara questions this explanation: But I can just as well reverse it, requiring two witnesses for a tied document and three for an ordinary one. The Gemara answers: Since the tied document requires more to be done with regard to its ties, it stands to reason that it requires more to be done with regard to its witnesses, requiring three rather than two.

רַפְרָם אָמַר, מֵהָכָא: ״וָאֶקַּח אֶת סֵפֶר הַמִּקְנָה, אֶת הֶחָתוּם הַמִּצְוָה וְהַחֻקִּים, וְאֶת הַגָּלוּי״; ״וָאֶקַּח אֶת סֵפֶר הַמִּקְנָה״ – זֶה פָּשׁוּט. ״אֶת הֶחָתוּם״ – זֶה מְקוּשָּׁר. ״וְאֶת הַגָּלוּי״ – זֶה פָּשׁוּט שֶׁבַּמְקוּשָּׁר.

Rafram says that there is a different source for two kinds of documents, from here: “So I took the deed of the purchase, that which was sealed, the terms and conditions, and that which was open” (Jeremiah 32:11). When the verse states: “So I took the deed of the purchase,” this is referring to an ordinary document. When it states: “That which was sealed,” this is referring to a tied document. When it states: “And that which was open,” this is referring to the ordinary, unfolded part of a tied document.

״הַמִּצְוָה וְהַחֻקִּים״ – אֵלּוּ דְּבָרִים שֶׁבֵּין פָּשׁוּט לִמְקוּשָּׁר. הָא כֵּיצַד? זֶה עֵדָיו שְׁנַיִם, וְזֶה עֵדָיו שְׁלֹשָׁה; זֶה עֵדָיו מִתּוֹכוֹ, וְזֶה עֵדָיו מֵאֲחוֹרָיו.

Rafram continues: With regard to the phrase: “The terms and conditions,” these are the matters that distinguish an ordinary document from a tied one. How so? What are the details that differentiate the two types of documents? This one, the ordinary document, has two witnesses, and that one, the tied document, has three witnesses. And in this one, the ordinary document, its witnesses are signed inside it, on the front side, while in that one, the tied document, its witnesses are signed on the back of it.

וְאֵיפוֹךְ אֲנָא! מִתּוֹךְ שֶׁנִּתְרַבָּה בִּקְשָׁרָיו, נִתְרַבָּה בְּעֵדָיו.

The Gemara questions this explanation: But I can just as well reverse it, requiring two witnesses for a tied document and three for an ordinary one. The Gemara answers: Since the tied document requires more to be done with regard to its ties, it stands to reason that it requires more to be done with regard to its witnesses, requiring three rather than two.

רָמֵי בַּר יְחֶזְקֵאל אָמַר, מֵהָכָא: ״עַל פִּי שְׁנַיִם עֵדִים אוֹ עַל פִּי שְׁלֹשָׁה עֵדִים יָקוּם דָּבָר״ – אִם תִּתְקַיֵּים עֵדוּתָן בִּשְׁנַיִם, לָמָּה פָּרַט לָךְ בִּשְׁלֹשָׁה? לוֹמַר לָךְ: שְׁנַיִם לְפָשׁוּט, שְׁלֹשָׁה לִמְקוּשָּׁר.

Rami bar Yeḥezkel said that there is a different source for two sets of halakhot for two types of documents from here: “At the mouth of two witnesses or at the mouth of three witnesses shall a matter be established” (Deuteronomy 19:15). If witnesses’ testimony is established with two witnesses, why did the verse specify for you that it is also established with three, which is self-evident? Rather, this verse serves to tell you that there is a requirement for two witnesses for an ordinary document, and a requirement for three witnesses for a tied document.

וְאֵיפוֹךְ אֲנָא! מִתּוֹךְ שֶׁנִּתְרַבָּה בִּקְשָׁרָיו, נִתְרַבָּה בְּעֵדָיו.

The Gemara questions this explanation: But I can just as well reverse it, requiring two witnesses for a tied document and three for an ordinary one. The Gemara answers: Since the tied document requires more to be done with regard to its ties, it stands to reason that it requires more to be done with regard to its witnesses, requiring three rather than two.

וְהָנֵי לְהָכִי הוּא דְּאָתוּ? כׇּל חַד וְחַד לְמִילְּתֵיהּ הוּא דַּאֲתָא – לְכִדְתַנְיָא: ״שָׂדוֹת בַּכֶּסֶף יִקְנוּ, וְכָתוֹב בַּסֵּפֶר וְחָתוֹם״ – עֵצָה טוֹבָה קָא מַשְׁמַע לַן. ״וָאֶקַּח אֶת סֵפֶר הַמִּקְנָה״ – הָכִי הֲוָה מַעֲשֶׂה. ״עַל פִּי שְׁנַיִם עֵדִים אוֹ עַל פִּי שְׁלֹשָׁה עֵדִים״ – לְהַקִּישׁ שְׁלֹשָׁה לִשְׁנַיִם, בִּפְלוּגְתָּא דְּרַבִּי עֲקִיבָא וְרַבָּנַן!

The Gemara asks: And is it so that these verses are coming for this purpose, to teach that there are two types of documents? But each and every one of them comes for its own purpose. The first verse comes for that which is taught in a baraita: When the verse states: “They shall buy fields for money, and subscribe the deeds, and seal them, and call witnesses” (Jeremiah 32:44), it is merely to teach us good advice, that people should carefully document their purchases in order to provide permanent proof of purchase. When the verse states: “So I took the deed of the purchase” (Jeremiah 32:11), this was merely how that incident occurred, and the phrase is not intended to teach any halakhot. When the verse states: “At the mouth of two witnesses or at the mouth of three witnesses shall a matter be established” (Deuteronomy 19:15), this is stated in order to juxtapose three witnesses with two witnesses for several reasons, as delineated in the dispute between Rabbi Akiva and the Rabbis (Makkot 5b).

אֶלָּא מְקוּשָּׁר מִדְּרַבָּנַן, וּקְרָאֵי אַסְמַכְתָּא בְּעָלְמָא.

The Gemara explains: Rather, the entire institution of the tied document is rabbinic in origin, and all these verses that were cited above by various amora’im were intended as mere support for the concept of a tied document, as opposed to actual sources.

וְטַעְמָא מַאי תַּקִּינוּ רַבָּנַן מְקוּשָּׁר? אַתְרָא דְכָהֲנֵי הֲווֹ, וַהֲווֹ קָפְדִי טוּבָא וּמְגָרְשִׁי נָשַׁיְיהוּ; וְעָבְדִי רַבָּנַן תַּקַּנְתָּא, אַדְּהָכִי וְהָכִי מִיַּתְּבָא דַּעְתַּיְיהוּ.

The Gemara asks: And what is the reason that the Sages instituted the tied document? The Gemara explains: There was a place where there were many priests, and they were very quick tempered, and they would seek to divorce their wives impetuously. The halakha is that a priest may not marry a divorcée, even his own ex-wife. These priests, who acted impetuously, often regretted having divorced their wives. And therefore, the Sages instituted an ordinance that the bill of divorce for these people should be of the tied format, which is a long, drawn-out process, hoping that meanwhile, their composure would be regained and they would reconsider their decision to divorce.

הָתִינַח גִּיטִּין, שְׁטָרוֹת מַאי אִיכָּא לְמֵימַר? כְּדֵי שֶׁלֹּא תְּחַלֵּק בֵּין גִּיטִּין לִשְׁטָרוֹת.

The Gemara asks: This works out well for bills of divorce, but what can be said with regard to other documents? Why is this procedure used for other documents as well? The Gemara answers: This was instituted so that you should not differentiate between bills of divorce and other documents.

הֵיכָן עֵדִים חוֹתְמִין? רַב הוּנָא אָמַר: בֵּין קֶשֶׁר לְקֶשֶׁר. וְרַב יִרְמְיָה בַּר אַבָּא אָמַר: אֲחוֹרֵי הַכְּתָב – וּכְנֶגֶד הַכְּתָב מִבַּחוּץ.

§ Where do the witnesses sign on a tied document? Rav Huna says: They sign between each tied fold. And Rav Yirmeya bar Abba says: They sign on the back of the written side, taking care that the signatures are exactly opposite the writing, on the outside.

אֲמַר לֵיהּ רָמֵי בַּר חָמָא לְרַב חִסְדָּא: לְרַב הוּנָא דְּאָמַר בֵּין קֶשֶׁר לְקֶשֶׁר – קָא סָלְקָא דַּעְתִּין בֵּין קֶשֶׁר לְקֶשֶׁר מִגַּוַּאי – וְהָא הָהוּא מְקוּשָּׁר דַּאֲתָא לְקַמֵּיהּ דְּרַבִּי, וְאָמַר רַבִּי: אֵין זְמַן בָּזֶה! אֲמַר לֵיהּ רַבִּי שִׁמְעוֹן בְּרַבִּי לְרַבִּי: שֶׁמָּא בֵּין קְשָׁרָיו מוּבְלָע? פַּלְיֵיהּ, וְחַזְיֵיהּ. וְאִם אִיתָא, ״אֵין זְמַן בָּזֶה וְאֵין עֵדִים בָּזֶה״ מִיבַּעְיָא לֵיהּ!

Rami bar Ḥama said to Rav Ḥisda: According to Rav Huna, who says that the witnesses sign between each tied fold, it enters our mind that he meant between each tied fold on the inside of the document. But this is difficult, as there was a certain tied document that came before Rabbi Yehuda HaNasi, and Rabbi Yehuda HaNasi, not realizing it was tied, said: There is no date on this document, so it is not valid. Then, Rabbi Shimon, son of Rabbi Yehuda HaNasi, said to Rabbi Yehuda HaNasi: Perhaps the date is hidden between the tied folds. Rabbi Yehuda HaNasi opened it and saw that the date was in fact between the tied folds. And if it is so that the witnesses sign between each tied fold on the inside of the document, Rabbi Yehuda HaNasi should have had two objections, and said: There is no date on this document, and there are also no witnesses signed on this document.

אֲמַר לֵיהּ: מִי סָבְרַתְּ בֵּין קֶשֶׁר לְקֶשֶׁר – מִגַּוַּאי? לָא, בֵּין קֶשֶׁר לְקֶשֶׁר – מֵאַבָּרַאי.

Rav Ḥisda said to him: Do you maintain that Rav Huna meant that the witnesses sign between the tied folds on the inside? No, he meant between the tied folds on the outside of the document.

וְנֵיחוּשׁ דִּלְמָא זַיֵּיף וְכָתֵב מַאי דְּבָעֵי, וַחֲתִימִי סָהֲדִי!

The Gemara questions Rav Huna’s opinion: But let us be concerned that perhaps the party holding the document falsified some information and wrote whatever he wanted. And this is a concern, as there are already witnesses signed on the document. In an ordinary document the witnesses sign immediately following the text, so there is no possibility of adding to the text. A tied document has part of its text written in the folds, but also has a part written on the face of the document on the unfolded paper, before or after the text in the folded part. If the witnesses sign between the folds there is the possibility of writing additional text in the unfolded section.

דִּכְתִיב בֵּיהּ: ״שָׁרִיר וְקַיָּים״.

The Gemara explains: The case is one where it is written in the document: Everything is confirmed and established. That is, every folded document must contain this formula at the end of the text, to prevent forgery, as any writing after this formula would be disregarded.

וְנֵיחוּשׁ דִּלְמָא כָּתֵב מַאי דְּבָעֵי, וַהֲדַר כָּתֵב ״שָׁרִיר וְקַיָּים״ אַחֲרִינָא! חַד ״שָׁרִיר וְקַיָּים״ כָּתְבִינַן, תְּרֵי ״שָׁרִיר וְקַיָּים״ לָא כָּתְבִינַן.

The Gemara questions this explanation: But let us be concerned that perhaps the holder of the document wrote whatever he wanted and afterward wrote another time: Everything is confirmed and established. The Gemara explains: We write only one declaration of: Everything is confirmed and established; we do not write two declarations of: Everything is confirmed and established. Therefore, anything written after the first declaration would be rejected, even if followed by a repetition of the declaration.

וְלֵיחוּשׁ דִּלְמָא מָחֵיק לֵיהּ לְ״שָׁרִיר וְקַיָּים״, וְכָתַב מַאי דְּבָעֵי, וַהֲדַר כָּתֵב ״שָׁרִיר וְקַיָּים״! הָא אָמַר רַבִּי יוֹחָנָן: תְּלוּיָה; מְקוּיֶּימֶת – כְּשֵׁרָה,

The Gemara questions further: But let there be a concern that perhaps the holder of the document erased the declaration: Everything is confirmed and established, and then wrote whatever he wanted over the erasure, and afterward wrote the declaration: Everything is confirmed and established. The Gemara responds: How could this happen? Doesn’t Rabbi Yoḥanan say: A document that includes a suspended correction of text inserted between lines of the document, which is verified at the end of the document, is valid;

Want to follow content and continue where you left off?

Create an account today to track your progress, mark what you’ve learned, and follow the shiurim that speak to you.

Clear all items from this list?

This will remove ALL the items in this section. You will lose any progress or history connected to them. This is irreversible.

Cancel
Yes, clear all

Are you sure you want to delete this item?

You will lose any progress or history connected to this item.

Cancel
Yes, delete