REVACH L'DAF
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SUMMARY
Two witnesses may contradict other witnesses, even though the other witnesses are not present.
Witnesses testify that a person was insane when he sold his field. Other witnesses testify that he was lucid at the time of the sale. The property remains in the possession of the seller. (1)
Witnesses may be Mazim other witnesses only in their presence. However, they may contradict other witnesses even if they are not present. (2)
The signatures of the witnesses may be authenticated only from a Shtar that was challenged and then upheld by Beis Din.
The signatures of the witnesses may be authenticated only from two Kesuvos or two sale documents of fields which have been the unchallenged possession of the buyer for at least three years. (3)
A person may remind himself of his testimony from a note that he wrote at the time that he witnessed it. (4)
According to Rebbi Yochanan, one witness may be reminded of the testimony by the other witness as long as he remembers the testimony after he is reminded.
Rav Chaviva: Even if the Ba'al Din reminds the witness of his testimony he may testify. Mar bar Rav Ashi: The witness may not testify in such a case. (5)
The mounds that are near the city close to the cemetery, or the road to the cemetery, are Tamei regardless of whether they are new or old. (6)
Mounds that are far from the city are Tahor if they are new, but Tamei if they are old.
Rebbi Meir: A mound within 50 Amos is regarded as being close to the city. A mound less than 60 years old is regarded as new. (7)
It is possible for a witness to recall testimony that occurred more than 60 years previously.
If each one of the two witnesses that signed on a document authenticate both of the signatures it is a valid authentication.
If each one of the witnesses authenticates only his own signature, another witness is required, according to Rebbi. (8)
A BIT MORE
1. The seller keeps the field only if he has a Chazakah on his field from his father. If he has no Chazakah from his father, we give the field to the buyer, because we assume that just as he sold the field when he was insane, he also bought it when he was insane.
2. Although witnesses cannot become Edim Zomemim if they are not present at the time of the testimony of the other witnesses, their testimony is considered contradicted and is thus invalidated.
3. The signatures may be authenticated only from documents that were held by someone other than the Ba'al Davar, because if the Ba'al Davar was in possession of the documents that are being used to authenticate the signatures, we are afraid that he managed to forge the signatures.
4. Rav Huna: He may use the note only if he remembers some of the testimony on his own. Rebbi Yochanan: It is not necessary for him to remember the testimony on his own as long as he remembers it after he sees the note.
5. The Halachah is that if the witness is a Talmid Chacham, he may testify even if he was reminded by the Ba'al Din.
6. This is because it is common practice for people to bury a Mes in a mound. Even the mounds that are new are Tamei because of the concern that a woman buried her Nefel there.
7. Rebbi Yehudah: If it is the closest mound to the city, it is regarded as new, and if anyone remembers when there was no mound there, it is regarded as new.
8. According to the Chachamim, no more witnesses are required.
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BRIEF INSIGHT
WRITTEN TESTIMONY
The Gemara says that it is possible for a witness to recall testimony that occurred more than 60 years earlier. The Rashba says that a person remembers the testimony for that long only if he intended to serve as a witness at the time that he witnessed it. Since it was his responsibility to remember it, he can remember it even after a very long time. If he was not expected to testify, then he will not remember properly something that occurred more than 60 years earlier. The S'ma says, however, that a person may remind himself of his testimony from a note that he wrote for himself at the time that he witnessed it, even if there was no intention to make him into a witness at the time that he witnessed it. Since the witness has the note to remind him, it is possible to recall the testimony even though it was not his responsibility to remember the testimony.
QUICK HALACHAH
THE RECOLLECTION OF THE WITNESSES
A person may testify even after a very long time, as long as he remembers the testimony, and we are not concerned that perhaps he does not remember it properly. Even if his recollection of the testimony is by means of reminding himself with a note that he wrote at the time that he witnessed it, he may testify on that basis, as long as he remembers the testimony after he looks at the note. Similarly, if someone reminds him of the testimony he may testify, if he remembers it after being reminded, even if it is the second witness who is the one who reminded him. However, if he was reminded by the Ba'al Din, he may not testify on that basis, unless he is a Talmid Chacham, because a Talmid Chacham certainly would not testify unless he is certain that he remembers the testimony. (Shulchan Aruch CM 28:13)
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