Babylonian Talmud: Tractate Baba Bathra

Folio 160a

CHAPTER X

MISHNAH. A PLAIN DEED¹  [MUST BEAR THE SIGNATURES OF] THE WITNESSES ON ITS INSIDE; A FOLDED ONE²  [MUST BEAR THE SIGNATURES OF] THE WITNESSES ON THE REVERSE.³  A PLAIN [ONE] THAT BEARS THE SIGNATURES OF THE WITNESSES ON THE REVERSE⁴  [AND] A FOLDED [ONE] THAT BEARS THE SIGNATURES OF ITS WITNESSES ON THE INSIDE ARE BOTH INVALID.⁵  R. HANINA B. GAMALIEL SAID: A FOLDED [DEED] THAT BEARS THE SIGNATURES OF THE WITNESSES ON ITS INSIDE IS VALID, BECAUSE IT CAN BE TURNED INTO A PLAIN [ONE].⁶  R. SIMEON B. GAMALIEL SAID: ALL DEPENDS ON⁷  THE USAGE OF THE COUNTRY. A PLAIN DEED REQUIRES TWO WITNESSES⁸  AND A FOLDED [ONE] THREE.⁹  A PLAIN [DEED] THAT BEARS THE SIGNATURE OF ONE WITNESS [ONLY]. AND A FOLDED [ONE] THAT BEARS THE SIGNATURES OF TWO WITNESSES [ONLY] ARE BOTH INVALID.

GEMARA. Whence these words?¹⁰  — R. Hanina said: For Scripture says, Men shall buy fields for money and subscribe the deeds, and seal them, and procure the evidence of witnesses.¹¹  Men shall buy fields for money and subscribe the deeds,

1. [H], an ordinary deed or note, relating, e.g., to a debt or divorce, all the writing of which appears on one side of the document.
2. [H] or [H], lit., 'knotted', i.e., stitched. This was a special form of deed, written on alternate lines, blank lines and written lines alternating. Each written line was folded over the blank line adjacent to it, each successive two being stitched together.
3. Each fold must bear on its external upper side the signature of a different witness, the number of folds not to exceed the number of witnesses.
4. Lit., 'whose witnesses wrote on its back'.
5. If it is a bill of divorce, the woman cannot be divorced by it; and if it is a bond of indebtedness, the creditor is not entitled to seize any of the debtor's sold lands.
6. By removing the stitches.
7. Lit., 'like'.
8. Lit., 'its witnesses by two'. [Meir Abulafia, in his Yad Ramah, explains 'a folded deed' differently. 'We take,' he writes, 'a long scroll, and draw from it three to seven thongs below which there comes the written text of the deed. The deed is then folded, special care being taken that the bottom of the reverse of the deed should remain exposed for the signatures of the witnesses. The scroll being rolled together and fastened by the thongs which are knotted together, the witnesses sign between the knots.' This, as Fischer, L. (ZAW. XXX, 139ff.) points out, is in accord with the 'folded deeds' discovered among the Greek papyri. V. also his article in Jahrb. de Jud. Lit., Gesel. IX. 51ff.]
9. The folded deed contained two elements. The specific (date and amount), and the Formula which is common to all deeds. The first element usually occupied three lines which were folded on the intervening blank lines and stitched together. Hence no less than three witnesses were required. Cf. infra n. 14.
10. That there are two kinds of deeds differing from each other in the number of witnesses and the mode of folding.
11. Jer. XXXII, 44.

refers to¹  the plain [deed]; and seal²  them, refers to¹  the folded [one]; and procure the evidence, [implies] two [witnesses]³  witnesses, [implies] three.⁴  How [is] this⁵  [possible]? Two for a folded [deed]; three for a plain [one]. Might not this be reversed?⁶  — Since it has more folds,⁷  it [must also] have more witnesses.

Rafram said: [It⁸  may be derived] from the following.⁹  So I took the deed of the purchase, both that which was sealed, containing the terms and conditions, and that which was open.¹⁰  So I took the deed of the purchase, refers to¹¹  the plain [deed]; that which was sealed, refers to the folded [one]; and that which was open. refers to the plain [portion] in the folded [deed];¹²  the terms and conditions, refers to¹³  the laws which distinguish¹⁴  the plain [deed] from¹⁵  the folded [one]. viz.,¹⁶  the one¹⁷  [requires] two witnesses¹⁸  and the other,¹⁷  three witnesses;¹⁸  the witnesses of the one [sign] on the obverse, while the witnesses of the other [sign] on the reverse side. Might not this be reversed?¹⁹  Since it has more folds²⁰  it [must also] have more witnesses.

Rami b. Ezekiel said: [It²¹  may be derived] from, the following text.²²  At the mouth of two witnesses, or at the month of three witnesses, shall a matter be established.²³  If their evidence may be established by two, why should three be specified? To tell you [that] two [are required] for a plain [deed]; three for a folded [one]. Might not this be reversed? — Since it has more folds,²⁰  it [must also] have more witnesses.

[Is it] for this [purpose]²⁴  that the verses²⁵  [mentioned] were intended?²⁶  [Surely] each one is required²⁷  for a separate purpose;²⁸  as it was taught: [By the statement], men shall buy fields for money, and subscribe the deeds, and seal them,²⁹  good advice was tendered;³⁰  so I took the deed of the purchase,³¹  [is] just [a record of] what had happened; at the mouth of two witnesses, or at the mouth of three witnesses,³²  [has been specified], in order to compare three [witnesses] to two,³³  concerning which³⁴  R. Akiba and the Rabbis are in dispute!³⁵  [The fact], however, [is that the law of] a folded [deed] is [only] Rabbinical, and the Scriptural verses [quoted] are a mere asmakta.³⁶

What is the reason why the Rabbis instituted a folded [deed]? — They were [in] a place [inhabited] by priests, who were very hot-tempered and they divorced their wives.³⁷  Consequently the Rabbis made [this] provision,³⁸  so that in the meantime³⁹  they might cool down.⁴⁰  This satisfactorily explains bills of divorce; what [explanation, however], may be given⁴¹  [in the case of other] documents? — In order that there may be no distinction between bills of divorce and [other] deeds.

Where, [in the case of a folded deed], do the witnesses sign? — R. Huna said: Between [one] fold and the other;⁴²  and R. Jeremiah b. Abba said: [On] the back of the writing and corresponding to [all] the written part, on the external [side of the deed].

Rami b. Hama said to R. Hisda: According to R. Huna who said [that the witnesses sign] 'between [one] fold and the other', assuming [that he meant], 'between [one] fold and the other on the external side'⁴³  [the following objection may be raised]: Surely, a folded [deed] was once brought before Rabbi who remarked, 'There is no date on this [deed]'. [Thereupon] R. Simeon son of Rabbi said to Rabbi, 'It might be hidden between the folds'. [On] ripping [the seams] open he saw it.⁴⁴  Now, if it were [so],⁴⁵  he should have [remarked].' There is neither date nor are there witnesses on this deed!' — He replied to him: Do you think [that according to R. Huna the witnesses sign] between the folds on the inside? No; [they sign] between the folds on the outside.⁴⁶  But [is there no reason] to apprehend that he might forge [the lower section of the folded deed]⁴⁷  and enter whatever he wished [after] the witnesses had signed?⁴⁸  — 'Firm and established', is entered on it.⁴⁹  Is [there, however, no reason] to apprehend that he might enter whatever he wished and then write a second time, 'firm and established'? — [The formula], 'firm and established', is entered [only] once,⁵⁰  not twice.⁵¹  Is [there no] apprehension that he might erase the [original] 'firm and established', and add⁵²  whatever he wished, and then write, 'firm and established'? — Surely, R. Johanan said: A suspended [word⁵³  that has been] confirmed⁵⁴  is admissible;⁵⁵

1. Lit., 'this'.
2. [H] seal, close, tie up.
3. The minimum number of witnesses. All evidence must be given by no less than two witnesses unless the contrary has been specifically indicated. (V. Sot. 2b).
4. The minimum number above two that has already been mentioned.
5. That two, as well as three witnesses are required.
6. Two witnesses for a folded deed and three for a plain one.
7. I.e., since Scripture surrounded the folded deed with more restrictions.
8. V. supra n. 1.
9. Lit., 'from here'.
10. Jer. XXXII. 11.
11. Lit., 'this'.
12. The folded deed, beside the date and amount which were entered in the first lines which were folded and stitched, also contained the formula, common to all deeds, which was entered in the same manner as on a plain deed. This second element is, 'the plain in the folded'. Cf. Supra p. 699, n. 9.
13. Lit., 'these'.
14. Lit., 'which between'.
15. Lit., 'to'.
16. Lit., 'how this'.
17. Lit., 'this'.
18. Lit., 'its witnesses'.
19. V. p. 700, n. 8.
20. V. l.c n. 9.
21. V. l.c., n. 1.
22. Lit., 'from here'.
23. Deut. XIX, 15.
24. To indicate the differences between the two kinds of deeds.
25. Lit., 'and these'.
26. Lit., that they came'.
27. Lit., 'that it came'.
28. Lit., 'For its thing'.
29. Jer. XXXII, 44.
30. Lit., 'he taught us'. The text is a guide to purchasers how to proceed with such transactions. Cf. supra 28b.
31. Jer. XXXII, 21.
32. Deut. XIX, 15.
33. That three witnesses have no more powers or privileges than two.
34. Cf. Mak. 5b.
35. How, then, could these same verses be said to refer to the laws of folded and plain deeds?
36. [H] 'support', i.e., the Scriptural text was used by the Rabbis as some slight support, or mnemotechnical aid to the laws of the plain and folded deeds which they themselves have enacted.
37. For the slightest or imaginary provocation. A plain bill of divorce was easily obtainable, and once the divorce had taken place none could re-marry his wife, since a divorced woman is forbidden to a priest. Cf. Lev. XXI, 7.
38. The folded bill of divorce.
39. While the elaborate document was being prepared, written, folded, stitched and signed.
40. And reconsider their hasty decisions.
41. Lit., 'is there to be said'.
42. The assumption at present is that they sign on the blank spaces between the written lines on the obverse of the deed.
43. Of the document.
44. The date.
45. That the witnesses sign between the written lines on the inside and that their signatures are consequently folded and stitched in the same way as the date.
46. Hence the signatures may be seen without ripping open the stitched folds. [According to the description of the folded deed given by the Yad Ramah, the signatures would appear as in fig. 2, p. 704.]
47. Which is left unfolded. (Cf. supra p. 700. n. 14.)
48. On the external sides of the folds of the upper section. Since the signatures do not appear at the foot of the deed, there is no guarantee that the holder would not add anything he pleased.
49. This formula appears at the foot of every deed, and anything added after it would be detected at once as a forgery.
50. Lit., 'one firm etc. we write.
51. Lit., 'two'. Cf. previous note. Hence the forgery would be detected by the double entry of the formula.
52. Lit., 'write'.
53. Or words, inserted between the lines of a deed.
54. At the foot of the deed.
55. And the deed is valid.