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Week 60 - Thursday - 18 January 2001

KETUBOT: CHAPTER 2: MISHNAH 3

If witnesses say, "These are our signatures, but we were coerced," "we were minors," "we were ineligible for testimony" -- they are believed. But if there are witnesses that these are their signatures, or their signatures come forth from another place -- they are not believed.

Kehati

Our mishnah deals with the confirmation of a document in Court by the witnesses who signed it. It is brought incidental to the previous mishnah, and also discusses the law of "the mouth that forbade is the mouth that permitted."

If witnesses say -- when they came to court to verify their signatures on documents, "These are our signatures, but -- we signed on a transaction that never took place because we were coerced" -- to do so, under threat of death; or if they say, "we were minors" -- when we signed, or "we were ineligible for testimony" -- because of family relationship, they are believed -- and document is invalid. Since we need their testimony that these are their signatures to validate the document, they are also believed regarding the continuation of their testimony, that they were coerced, or they were minors, or they were ineligible for testimony, for "the mouth that forbade is the mouth that permitted."

But if there are -- other -- witnesses that these -- the signatures on the document, are their signatures or their signatures come forth from another place -- their signatures appear on other documents which have already been ratified by the Court, and the signatures on this document are similar to those, they are not believed -- to say that they were coerced, or minors, or unfit for testimony, since the signatures of witnesses on documents are considered the legal equivalent of testimony given before a court and may not be retracted.

KETUBOT: CHAPTER 2: MISHNAH 4

This one says, "This is my signature, and this signature of my friend"; and this one says, "This is my signature, and this is the signature of my friend" -- they are believed. This one says, "This is my signature," and this one says, "This is my signature" -- they must join another with them; so Rabbi. But the Sages say, They need not join another with them, rather a man is believed when he says: "This is my signature."

Kehati

Our mishnah, incidental to the preceding one, which deals with the confirmation of documents by the witnesses who signed them, continues with the same subject, and brings the dispute between Rabbi and the Sages as to whether individual witnesses signed on a document can verify their own signatures.

This one -- one of the witnesses who signed a document, says, "This is my signature, and this -- the other signature, is that of my friend" -- who signed together with me; and this one -- his friend, the other signatory, says, "This is my signature, and this is the signature of my friend" -- he also confirms both signatures they are believed -- to validate the document, since two witnesses are in fact testifying to each of the signatures and "By the mouth of two witnesses shall a matter be established" (Deut. 19:15).

However, if This one says, "This is my signature," and this one says, "This is my signature" -- each witness confirms only his own signature, they must join another with them -- an additional witness must be brought to testify to the two signatures, that they belong to these witnesses, so that there will be two witnesses for each signature; so Rabbi -- the Gemara explains that Rabbi holds: "They testify regarding their signature" -- witnesses who come to verify a document only testify to their own signature, and therefore, two witnesses are required for each signature.

But the Sages say -- it is their opinion that: "They testify regarding the maneh in the document," i.e., witnesses who come to verify a document and testify to their signatures also confirm the contents of the document, and not only their individual signatures, and therefore -- they need not join another with them -- since each witness confirms his signature, there are therefore two witnesses who confirm the contents of the document.

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