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Baba Basra 10:3-4

Baba Basra 10:3

One may write a get (bill of divorce) for a man even if his wife is not with him, and the receipt for the woman even if her husband is not with her, so long as the scribe and witnesses know them. The husband pays the scribe for his services. One may write a document for a borrower even if the lender is not with him but one may not write a document for a lender unless the borrower is with him. In such transactions, the borrower pays the scribe. One may write a document for a seller even if the buyer is not with him but one may not write a document for a buyer unless the seller is with him. In such cases, it is the buyer who pays the scribe.

Baba Basra 10:4

One does not write betrothal and marriage documents unless both parties are involved; it is the groom who pays the scribe. One does not write documents for sharecropper agreements or real estate rentals unless both parties are involved; in such cases, the one who is receiving the property pays the scribe. One may not write arbitration agreements or documentation of any other court action without the involvement of both parties; in such cases, the two litigants split the cost of paying the scribe. Rabban Shimon ben Gamliel says that two copies of the documents are written in the latter case, one for each litigant.

Author: Rabbi Jack Abramowitz