12th CYCLE DEDICATION
KESUVOS 21 (Yom Kippur) - Sponsored in memory of Freida Miller, by her son. May the Zechus of learning and supporting Torah bring him and his family a year of Berachah, good health, Nachas and continued spiritual growth.

1)

(a)The Sugya opens with the statement 'ke'she'Timtzi Lomar, l'Divrei Rebbi, al Ksav Yadan Hem Me'idim'. What is the meaning of ...

1. ... 'ke'she'Timtzi Lomar'?

2. ... 'al Ksav Yadan Hem Me'idim'?

(b)What do the Chachamim hold?

(c)Why do we need to explicitly interpret the Machlokes in this way? Why is it not obvious?

1)

(a)The Sugya opens with the statement 'ke'she'Timtzi Lomar, l'Divrei Rebbi, al Ksav Yadan Hem Me'idim'.

1. 'ke'she'Timtzi Lomar' means - that if you examine his words carefully, you will see that this is what he holds.

2. 'al Ksav Yadan Hem Me'idim' means that - when the witnesses testify on their signatures, they are testifying on their signatures, and not to the contents of the Shtar.

(b)The Chachamim, on the other hand hold - that they are testifying on the Manah in the Shtar (the contents of the Shtar), and not just on their signatures.

(c)We need to explicitly interpret the Machlokes in this way - because we might otherwise have thought that Rebbi is only being strict due to uncertainty whether 'al Ksav Yadan Hem Me'idim' or 'al Manah she'bi'Shtar Hem Me'idim', and that he would agree with the Chachamim to be strict in the forthcoming case as well.

2)

(a)In which case are the Chachamim more stringent than Rebbi? Why is that?

(b)What does one do if only one new witness can be found?

(c)Why must he sign his signature on clay and not on parchment? What are we afraid of?

(d)Why if this happened, would the creditor be able to claim only from Bnei Chorin (property that is currently available), and not from Meshubadim (collateral)?

(e)Why are we not afraid of the same thing now that he sends his signature on a piece of clay?

2)

(a)The Chachamim more stringent than Rebbi - in a case where one of the witnesses died. where, according to the Chachamim - the surviving witness will not be permitted to combine with a new witness, because then he will be extracting three quarters of the money by his testimony, and the Torah requires that each witness extracts half; whereas according to Rebbi he will.

(b)If only one new witness can be found - the surviving witness must sign his name on a piece of clay and send it into Beis-Din for them to verify his signature. Then he can combine with the new witness.

(c)He must sign his signature on clay and not on parchment - because otherwise, we are afraid that some dishonest person might get hold of the parchment and write above the signature an I.O.U. stating that the undersigned borrowed from him so much (see Tosfos DH 'v'Dafka').

(d)If this happened, the creditor would be able to claim only from Bnei Chorin (property that is currently available), and not from Meshubadim (collateral) - because since their no witnesses, the Shtar has no Kol (publicity), in which case the purchasers would be unable to guard themselves against fraudulent claims.

(e)We are not afraid of the same thing now that he sends his signature on a piece of clay - because whatever is written on clay can be forged, and therefore not acceptable as evidence.

3)

(a)Rav Yehudah Amar Shmuel rules like the Chachamim. Why is such a ruling necessary, in view of the principle 'Yachid v'Rabim, Halachah k'Rabim'?

(b)How do we reconcile Shmuel's previous ruling (like the Chachamim) with the case of a document that emerged from Shmuel's Beis-Din, where the Beis Din substantiated it, specifically stating that each witness had verified both signatures - like Rebbi?

(c)What was Shmuel afraid of?

3)

(a)Rav Yehudah Amar Shmuel rules like the Chachamim. This ruling is necessary, in spite of the principle 'Yachid v'Rabim, Halachah k'Rabim' - because we might otherwise have thought that the principle 'Halachah k'Rebbi' is not only 'me'Chaveiro' but also m'Chaveirav' (even when he argues with a majority).

(b)We reconcile Shmuel's previous ruling (like the Chachamim) with the case of a document that emerged from Shmuel's Beis-Din, a document which Beis-Din substantiated, specifically stating that each witness had verified both signatures (like Rebbi) - by establishing the latter by orphans, and Shmuel was merely being stringent in order to protect them, as we shall now see.

(c)Shmuel was afraid - that the Beis-Din who would handle the claim might think that, in this case at least, Halachah k'Rebbi even m'Chaveirav (see Pnei Yehoshua), even though this is not usually the case.

4)

(a)What does Rav Yehudah Amar Shmuel mean when he rules that a witness and a Dayan may combine?

(b)Rami bar Chama concurs with Shmuel's ruling, but Rava disagrees. What is the basis of his objection?

(c)We therefore conclude that the Halachah is like Rami bar Yechezkel. Who was Rami bar Yechezkel?

(d)What did he say?

4)

(a)When Rav Yehudah Amar Shmuel rules that a witness and a Dayan may combine - he means that if the borrower claims that the substantiated document which the creditor produces is forged, then one of the Dayanim attesting to his signature can combine with one of the witnesses on the Shtar, to verify it.

(b)Rami bar Chama concurs with Shmuel's ruling, but Rava objects - on the grounds that the Dayan, who is testifying on his signature, cannot possibly combine with the witness, who (according to the Chachamim) is testifying on the contents of the document.

(c)We therefore conclude that the Halachah is like Rami bar Yechezkel - the brother of Rav Yehudah (who opened the Sugya).

(d)He said - that they should take no notice of these rules stated by his brother in the name of Shmuel.

5)

(a)What ruling did Ravnai issue on his way to purchase sesame-seeds?

(b)What did Rav Ashi comment to Ameimar when he praised Ravnai for citing the ruling of Shmuel?

(c)How were Ameimar and Rami bar Chama related?

5)

(a)On his way to purchase sesame-seeds, Ravnai cited Shmuel, who said that a witness and a Dayan may combine.

(b)When Ameimar praised Ravnai for that, Rav Ashi commented - that he did not need to copy Rami bar Chama, who the same mistake of praising Shmuel.

(c)Rami bar Chama was Ameimar's maternal grandfather.

21b----------------------------------------21b

6)

(a)What does Rav Safra ... Amar Rav Huna (or Amar Rav Huna Amar Rav) say in a case where two of the Dayanim recognize the signatures of both witnesses, but not the third? Up to when are two Dayanim permitted to testify in front of the one, according to the initial version of his statement?

(b)What did Rav Papi Amar Rava say regarding the Beis-Din's substantiation of a document that forces us to retract from the current version of Rav Huna's statement?

(c)So what did Rav Huna say?

(d)What major principle do we learn from there?

6)

(a)Rav Safra ... Amar Rav Huna (or Amar Rav Huna Amar Rav) say in a case where two of the Dayanim recognize the signatures of both witnesses, but not the third - the two Dayanim are permitted to testify in front of the one, as long as they have not yet signed (even though the verification has already been written.

(b)We are forced to retract from this version of Rav Huna's statement however, on account of Rav Papi Amar Rava, who said - that a document that Beis-Din substantiate before the witnesses have testified on their signatures, is invalid, because it appears false (despite the fact that the verification has not yet been signed.

(c)What Rav Huna therefore said was that the two Dayanim are permitted to testify in front of the one, as long as the verification has not even been written.

(d)We learn from here the major principle - that 'Ed Na'aseh Dayan' (a witness can become a Dayan).

7)

(a)On what grounds does Rav Ashi refute the proof from Rav Huna's statement that ...

1. ... once Dayanim recognize the witnesses' signatures, it is not necessary to verbally attest to the signatures in front of them?

2. ... it is necessary to attest to the signatures on behalf of each of Dayan who does recognize them?

(b)The Mishnah in Rosh Hashanah teaches that if three members of Sanhedrin saw the new moon, two of them must stand down, to be replaced by other members of the Sanhedrin. Then they testify before the three Dayanim who did not see the new moon ... . Why do they need to testify at all? Why can they not ...

1. ... just sit down and pronounce Rosh Chodesh there and then?

2. ... testify before the third Dayan, and then sit down and pronounce Rosh Chodesh together with him?

(c)What did Rebbi Aba tell Rav Safra, when he asked him to reconcile this ruling with the previous one (with regard to Kiyum Shtaros - the verification of documents), which holds 'Eid Na'aseh Dayan'?

(d)Rebbi Chiya bar Rav ultimately presented his father with the Kashya. What did he reply?

7)

(a)Rav Ashi refutes the proof from Rav Huna's statement that ...

1. ... once Dayanim recognize the witnesses' signatures, it is not necessary to verbally attest to the signatures in front of them - because, for all we know, verbal testimony is required, and the reason that the Dayanim do not need to hear the testimony in our case, is because, by testifying on behalf of the third Dayan, they are providing the required testimony.

2. ... it is necessary to attest to the signatures on behalf of each Dayan who does recognize them - because for all we know, testimony given in front of two of the Dayanim will suffice, and the only reason that, in our case, testimony must be given in front of the third witness is because, otherwise, there would be no testimony at all.

(b)The Mishnah in Rosh Hashanah teaches that if three members of Sanhedrin saw the new moon, two of them must stand down to be replaced by other members of the Sanhedrin. Then they testify before the three Dayanim who did not see the new moon ... . They cannot ...

1. ... just sit down and pronounce Rosh Chodesh there and then - because the Tana speaks in a case when they saw the new moon at night (and Kidush ha'Chodesh is eligible only by day). Consequently, if not for the testimony, the Beis-Din would have no basis on which to declare Rosh Chodesh.

2. ... testify before the third Dayan, and then sit down and pronounce Rosh Chodesh together with him - because 'Ein Ed Na'aseh Dayan'.

(c)When Rav Safra asked Rebbi Aba to reconcile this ruling with the previous one (with regard to Kiyum Shtaros - the verification of documents), where we just ruled 'Eid Na'aseh Dayan' - he told him that he had asked the same Kashya to Rav Yitzchak bar Shmuel bar Masa, who asked Rav Huna, who asked Rav Chiya bar Rav.

(d)Rebbi Chiya bar Rav ultimately presented his father with the Kashya. Rav replied that by Edus ha'Chodesh, which is d'Oraisa - we rule 'Ein Ed Na'aseh Dayan'; whereas by Kiyum Shtaros (the verification of documents) - we rule 'Ed Na'aseh Dayan'.

8)

(a)What did Rav Huna Amar Rav rule with regard to three Dayanim who sit down to substantiate a Shtar, and before the third Dayan is able to sign, a rumor spreads that he is Pasul?

(b)Why can they not attest to his validity once they have signed?

(c)What does 'a rumor' imply?

(d)Why can this not be speaking about a rumor that ...

1. ... he is a thief (according to our initial understanding)?

2. ... he is a slave?

8)

(a)Rav Huna Amar Rav ruled that, if three Dayanim sit down to substantiate a Shtar, and before the third Dayan is able to sign, a rumor spread that he is Pasul - they may testify on his validity as long as they have not yet signed the verification, but not once they have.

(b)They cannot attest to his validity once they have signed - because, once they have signed, they are prejudiced, seeing as it is a disgrace for them to sit on a Beis-Din with someone who is Pasul.

(c)'A rumor' implies - through at least two people.

(d)According to our initial understanding, this cannot be speaking about a rumor that ...

1. ... he is a thief - because, in that case, it would be a case of two against two (and the second pair of witnesses would not suffice to dispel the bad name that he has - see Tosfos DH 'T'rei').

2. ... he is a slave - because then, why would they not be permitted to testify even after they have signed, seeing as their testimony is no more than a revelation (something that is going to be discovered anyway).

9)

(a)We finally establish Rav Huna Amar Rav's ruling with regard to a rumor that he is a thief. How do we resolve what we asked earlier 'Trei u'Trei Ninhu'?

9)

(a)We finally establish Rav Huna Amar Rav's ruling with regard to a rumor that he is a thief. To resolve what we asked earlier 'Trei u'Trei Ninhu' - we establish the case, not where the Dayanim contradict the first witnesses by saying that he did not steal, but by testifying that he did Teshuvah (so there is no reason for them not to be believed).

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