Rabbonim
Your "thoughts on the daf" for Gittin 2b touches on an issue I have with been wrestling with in the gemara.
Later [on 10b] we learn that the chachamim made a gezeirah [Kulchem] that all witnesses to a get must sign in front of eachother in case the husband makes that a requirement of the get being valid etc.
Even if 2 witnesses are believed [according to Rava] because they recognise the signatures -
how can we be sure this gezeirah has been complied with?
I look forward to receiving a reply.
Thanks
Tommy
There are many Halachos which can not be proven just by being Mekayem the Shtar. Nevertheless, Kiyum suffices -- and in fact, mid'Oraisa a Shtar is valid even without Kiyum. The reason for this is because we are rely on the Chazakah of "Ein ha'Edim Chosmin Al ha'Shtar Ela Im Kein Na'aseh b'Gadol," which means in short that once we know that the Edim are valid witnesses, we assume that everything that the Shtar involves was done properly. It is as if the signatories themselves are testifying that the Shtar was properly written.
D. Zupnik