Kesubos - Daf 21
- לכתוב חתימת ידיה אחספא
Rav Yehudah said in the name of Rav: שנים החתומין על השטר ומת אחד מהן – If two people signed on a shtar, and one of them died, we need two people from the shuk to testify about his signature, and the surviving witness cannot be one of them. If there is only one witness who recognizes the signature of the deceased, Abaye said: לכתוב חתימת ידיה אחספא – let the surviving witness write his signature on a shard and throw it into Beis Din, and Beis Din will verify his signature on the shard so that he will not have to testify about his own signature. Then he and the other person from the shuk can testify about the other signature on the shtar, for he will be providing only one half the testimony needed. The Gemara clarifies that he should not write his signature on a scroll, for perhaps a dishonest person will find it and write on it, above the signature, that the person owes him an amount of money. For it was taught in a Mishnah, הוציא עליו כתב ידו שהוא חייב עליו – If the lender produces a shtar written in the borrower’s handwriting that he is chayav a debt to him, גובה מנכסים בני חורין – he collects from property that has no lien.
- עד ודיין אין מצטרפין
Rav Yehudah said in the name of Shmuel: עד ודיין מצטרפין – A witness who signed a shtar and a judge who signed the certification can combine to authenticate it. Rashi explains that the case is where the shtar brought for collection already has the signed certification of the court, but the borrower is claiming that it is forged. Rami bar Chama said that this was an excellent teaching, to which Rava replied, “What is excellent about it?” In fact, it is difficult, for that which the witness testifies, the judge does not testify, and that which the judge testifies, the witness is not testifying. Rashi explains that the witness is testifying about the transaction recorded in the shtar, in accordance with the Chochomim’s opinion, whereas the judge testifies that the signatures were certified in his presence. Since they are testifying about different things, how can their eidus be combined? The Gemara concludes that when Rami bar Yechezkel came to Bavel he said: Do not listen to those rules that my brother Yehudah said in the name of Shmuel. In order for the shtar to be good, either two witnesses are needed to substantiate the signatures or two judges are required to testify that the shtar is certified.
- עד נעשה דיין
The Gemara revises one of Rav Huna’s rulings to teach that if two of the three judges recognize the signatures on a shtar, before they write the certification, מעידין בפניו וחותם – they may testify before the remaining judge about the signatures and then sign the certification afterwards. The Gemara infers from here, עד נעשה דיין – that a witness may become a judge in the case where he testified. Rebbe Abba was teaching this when Rav Safra challenged him from the dinim of Rosh Chodesh, for if three people saw the new moon, and they are part of Beis Din, then two of them should be ready to testify, ויושיבו מחבריהם אצל היחיד – and they should seat two of their colleagues with the single remaining judge and testify. Now, if an eid can become a dayan, what is the need to get two other dayanim? Rebbe Abba answered that he also had this question, and he heard in the name of Rav that this does not apply with eidus hachodesh, which is a d’Oraysa, but does apply with קיום השטרות דרבנן – certification of shtaros which is d’Rabbanon.
