Kesubos - Daf 19
- האומר שטר אמנה הוא זה אינו נאמן
Rav Yehudah said in the name of Rav: האומר שטר אמנה הוא זה אינו נאמן – If one says concerning a loan document, “This is a document written on trust,” he is not believed. Rashi explains that the loan never took place. Rather, the borrower wrote it and gave it to the lender in anticipation of the loan, and trusted that the lender would not try to collect payment unless the loan occurred, but then the lender broke his trust. The Gemara seeks to clarify who said it was a shtar amanah. It is obvious that if the borrower said it, he would not be believed, and if the lender said it, why should he not be believed? And if the witnesses said it, if their handwriting can be authenticated, why should they not be believed, and if it cannot be authenticated, why should they be believed? Rav said the borrower said it, and this in accordance with Rav Huna’s ruling that: מודה בשטר שכתבו אין צריך לקימו – If one concedes that he drafted a document, the holder does not need to have it certified. Abaye said the lender said it, וכגון שחב לאחרים – and the reason he is not believed is that his admission is detrimental to others. This would be the case when he has his own creditors who want to use this note to collect from him. Rav Ashi brings his rationale that it is the witnesses who said it.
- אסור לו לאדם שישהה שטר פרוע בתוך ביתו
Rebbe Yehoshua ben Levi said: אסור לו לאדם שישהה שטר פרוע בתוך ביתו – It is assur for a person, referring to a lender, to keep a paid-up loan document in his house, as the passuk says: "אל תשכן באהליך עולה" – let not injustice dwell in your tent. In Eretz Yisroel they said in the name of Rav: When the passuk begins, "אם און בידך הרחיקהו" – זה שטר אמנה ושטר פסים – If there is a perversion in your hand, put if far away, this is a reference to a shtar amanah, and document written on persuasion. This a false loan note, that the holder of it persuaded a friend to write, to give the impression that the holder of the note is wealthy. When the passuk states: "אל תשכן באהליך עולה" – זה שטר פרוע – let not injustice dwell in your tent, this refers to a paid-up note. The Gemara clarifies that according to Rebbe Yehoshua ben Levi, who called a שטר פרוע – a paid-up loan document, an injustice, all the more so he holds a shtar amanah is an injustice. And according to the one who called a shtar amanah an injustice, does not consider a שטר פרוע an injustice, for sometimes the lender keeps it as collateral for his payment to the sofer who wrote the note. This occurs when the debtor did not have the means to pay for the note and the lender paid it for him.
- מודעה היו דברינו
Rav Nachman said: Witnesses who signed a loan document and who later said, "אמנה היו דברינו" – Our words of testimony were written on trust,” meaning on a document for a loan that would take place later, are not believed. This is because it is illegal to sign such a document, and so the witnesses are incriminating themselves. If they had said, "מודעה היו דברינו" – Our words of testimony were preceded by a notification of non-intent by the owner, they are not believed. Here the witnesses testify that before they signed, the seller indicated he was being coerced to sell, and did not want the sale to be effective. They signed to help save the seller from the situation. Rashi explains that they are not believed because their later testimony cannot invalidate the signed document held by the lender. Mar bar Rav Ashi said: In the case of the מודעה they are believed. This is because they are permitted to sign such a document to rescue the seller from the buyer’s threats.
