Bava Basra Chart #12
Chart for Bava Basra Daf 163a-164a
THE LAWS OF IRREGULAR SHETAROS
THE STATUS OF THE SHTAR
THE STATUS OF THE SHTAR'S ASHARTA
|A SHORT SHTAR|
|1a||TEXT OF SHTAR IS ON ONE LINE; SIGNATURES ARE ON NEXT LINE||Invalid (1)||--- (2)|
|1b||TEXT OF SHTAR & SIGNATURES ARE ON ONE LINE||Valid (3)||Valid (4)|
|A SHTAR WRITTEN
ON ERASED PAPER
|2a||SHTAR: ON ERASURE WITNESS: ON ERASURE||Valid (5)||Invalid (6)|
|2b||SHTAR: CLEAN PAPER WITNESSES: ON ERASURE||Valid (if the witnesses write (7) that the Shtar was not written on erasure)||Valid|
|2c||SHTAR: ON ERASURE WITNESSES: CLEAN PAPER||Invalid (8)||--- (2)|
(1) The Shtar in this case is Pasul because the single line on which the entire text of the Shtar is written is also the last line, and the rule is that we disregard any text written on the last line of a Shtar (RASHBAM 163b, DH Ela).
(2) This is not applicable, since a Shtar that is Pasul obviously cannot have a Asharta.
(3) We are not concerned that the bearer of the Shtar forged the text of the Shtar and the first signatures that accompanied it, because we require him to be Mekayem the Shtar by confirming the signatures of those first witnesses that are signed on the same line as the Shtar (and not by confirming the signatures of the witnesses signed on the next line; 163b).
(4) This is clear from the Gemara (163b) according to Rebbi Yochanan (who invalidates an Asharta when there is even one empty line between the signatures and the Asharta, lest the bearer of the Shtar write in that empty line the text of a Shtar and forge the signatures of witnesses (and cut off the upper part), and then confirm the Shtar with the Asharta beneath it). However, according to the last answer of TOSFOS (DH Shtar, beginning of 163b), Rav argues with Rebbi Yochanan in this regard and invalidates the Asharta, just like we invalidate the witnesses who are signed on the line after the one-line Shtar-and-witnesses (see above footnote #3).
(5) As Rav rules on 163a. (Rav says that witnesses do not sign their names on erased paper unless it was erased in their presence so that the bearer of the Shtar will not be able to falsify what is written in the Shtar; see 164a).
(6) The Asharta is invalid because if we were to be Mekayem the Shtar based on this Asharta, the bearer of the Shtar might erase the Shtar and its witnesses and write whatever he wants, forging the signature of witnesses at the bottom, before the Asharta. He will then be Mekayem the Shtar based on its Asharta (163b, and TOSFOS there, DH Shtar). See Insights.
(7) This note must be written between the signatures of the witnesses, so that the bearer of the Shtar will not be able to cut it off (if it is written below their signatures) nor erase it (if it is written above their signatures) (164a).
(8) This is obvious, for we are concerned that the bearer of the Shtar erased what was written in it and wrote whatever he wanted.