More Discussions for this daf
1. Equal contributions of witnesses 2. Testimony of a Shtar 3. What is Rebbi
4. לא תציתינהו להני כללי דכייל יהודה אחי 5. איקלע רבנאי אחוה דר' חייא בר אבא למזבן שומשמי
DAF DISCUSSIONS - KESUVOS 21

Joshua Danziger asks:

Hello kollel!

The gemara discusses witnesses testifying about their signatures on a shtar. My question is if they verify the signature that the testimony is what's accurate but not the kashrus of the shtar itself, do we still have the status of milveh bshtar or does it switch to being milveh al peh?

Thank you!

The Kollel replies:

I do not understand the question. The Gemara states above (18b) in the name of Resh Lakish that if witnesses sign on a shtar this is equivalent to them saying in Beit Din what is written in the shtar. The Gemara also states there that once one said something in Beit Din, or signed on a shtar, one cannot retract ("Kivan She-Higid Shuv Eino Chozer uMagid"). So how is it possible that the witnesses verify their signature, but say that the shtar is not kosher?

Purim Sameach

Dovid Bloom

.

An attempt to understand the question:-

Josh, I think you may be referring to a case like that in the Gemara above top 19b, that if the witnesses say "Our words were Amanah"; we presigned a document stating that A has borrowed money; we do not believe them, since one is not allowed to write such a shtar. Instead we say that the shtar is valid and that the money is owed by A as stated in the shtar. So according to this it would still be a malveh bishtar.

KOL TUV

Dovid Bloom