1)

FORGERS' TRICKS [line 3]

(a)

(Abaye): If someone wants Beis Din to have his signature (to validate documents), he should not sign at the bottom of a parchment, lest a swindler find it, and write above it 'I owe to you (a large amount of) money';

1.

(Mishnah): If Reuven brought a document against Shimon, and Shimon was signed below, Reuven collects from Shimon's Bnei Chorin.

(b)

A (Yisrael) tax collector asked Abaye 'Show me your signature. I will exempt Chachamim bearing your signature from the tax.'

1.

Abaye went to sign at the top; the tax collector was moving the parchment, so the signature would be at the bottom.

2.

Abaye: Chachamim already anticipated your scheme (and taught how to defend oneself)!

(c)

(Abaye): One should not spell out (in Arame'ic) a number between three and ten at the end of a line in a document, lest the bearer add letters to make it larger. (E.g. in English, one could add to 'six' to make it say 'sixty'.)

1.

If that is where the number must be written, he should repeat it in the document. Surely, at some point it will come out in the middle of a line. (If a forger added letters in the middle, the forgery would be blatant.)

(d)

A document said 'a third b'Pardisa (of an orchard); the bearer erased the top and bottom of the 'Beis', leaving a 'Vov', so it would say v'Pardisa (and an orchard).

1.

Abaye: Why is there space between the 'Vov' and 'Pardisa'?!

2.

Abaye forced him, he admitted to his forgery.

(e)

A sale document said 'the portion of Reuven and Shimon Achei (brothers).' They had another brother 'Achi.' The buyer added a 'Vov', making it read 'v'Achi'.

1.

Abaye: Why is the 'Vov' so close to the previous word?!

2.

Abaye forced him, he admitted to his forgery.

(f)

Rava and Rav Acha bar Ada were signed on a document. It came in front of Rava.

(g)

Rava: Indeed, that is my signature, but I never signed in front of Rav Acha! (Presumably, because Rav Acha was older.)

1.

Rava forced the bearer, he admitted to his forgery.

2.

Rava: Granted, you were able to forge my signature. Rav Acha's hand shakes. How could you forge his signature?

3.

Version #1 - the forger: (While writing) I was holding the rope that people hold when they cross the narrow bridge.

4.

Version #2 - the forger: I was standing on a bucket (and wobbling).

2)

WRITING A DOCUMENT IN THE ABSENCE OF ONE PARTY [line 32]

(a)

(Mishnah): We may write a Get for a man, even in the absence of his wife. We may write a receipt for a woman (that she received her Kesuvah), even in the absence of her (ex-)husband, as long as we recognize them (this will be explained). The husband pays the scribe.

167b----------------------------------------167b

(b)

We may write a loan document for a borrower, even in the absence of the lender. We may not write for the lender in the absence of the borrower. The borrower pays the scribe.

(c)

We may write a sale document for a seller, even in the absence of the buyer, but not vice-versa. The buyer pays the scribe.

(d)

We write documents of Kidushin or Nisu'in (a Kesuvah) only with consent of both parties. The Chasan pays the scribe.

(e)

We write documents of Arisus (sharecropping) or rental of land only with consent of both parties. The worker or renter pays the scribe.

(f)

We write documents of Birurin (this will be explained) and all actions of Beis Din only with consent of both parties. Both parties share the scribe's fee;

(g)

R. Shimon ben Gamliel says, one copy is written for each party.

(h)

(Gemara) Question: What does it mean 'as long as we recognize them'?

(i)

Answer (Rav Yehudah citing Rav): Regarding a Get, we must recognize the husband (that this is his name). Regarding a receipt, we must recognize the (ex-)wife.

(j)

Question (Rav Safra...): We must recognize also the wife in a Get, and the husband in a receipt!

1.

Version #1 (Rashbam): If not, he could write a Get for another man's wife, to (fraudulently) permit her, or she could write and give a receipt to another man!

2.

Version #2 (Tosfos, according to Bach): If not, he could write a Get for the wife of another man (with the same name as himself), to enable her to (fraudulently) collect her Kesuvah, or she could write and give a receipt to another man (whose wife has the same name as herself)!

(k)

Answer (Abaye citing Rav): Regarding a Get, we must recognize the husband, and also the wife. Regarding a receipt, we must recognize the (ex-)wife, and also the husband.

(l)

Question: We should be concerned lest there are two people (i.e. couples) in the city with the same names (Yosef ben Shimon and Leah bas Yakov), and one man will write a Get for the other's wife!

(m)

Answer (Rav Acha bar Huna citing Rav): Due to this concern, if there are two people named Yosef ben Shimon in the city, one can divorce his wife only when the other is present.

(n)

Question: Even if there is only one Yosef ben Shimon, perhaps Reuven will go to another city, call himself Yosef ben Shimon, and (after this is established to be his name) write a Get for Yosef's wife!

(o)

Answer (Rav Huna bar Chinena citing Rav): Once one established his name in a city for 30 days, we are not concerned lest this is false. (He would be afraid to lie for so long, lest the truth be discovered.)

(p)

Question: If someone established his name in a city for less than 30 days and wants to divorce his wife, what is the law?

(q)

Answer (Abaye): If he answers when the name is called, we assume that it is his name.

(r)

Rejection (Rav Zvid): A swindler is very careful (he will answer. Therefore, one must wait 30 days before he can divorce.)

3)

CHACHAMIM DO NOT RECOGNIZE WOMEN SO WELL [line 35]

(a)

A woman was claiming her Kesuvah. R. Yirmeyah bar Aba was signed on a receipt saying that she was paid. She said that it was not written for her.

1.

R. Yirmeyah bar Aba: I also said (to the other witnesses who signed) that it was not written for you. They say that I erred, for you grew older and your voice changed.

2.

(Abaye): Even though a witness cannot retract his testimony after he testified, a Chacham normally does not recognize women so well, so he is believed to retract what he originally said (that it was not her).