Saturday 1 July 2017

Bava Batra 160: Ordinary and Tied Documents

We begin Perek IV with a new Mishna.  It teaches that in an ordinary document - one that is laid out flat - witnesses sign on the front of the document near the other writing.  In a tied document - one that is folded multiple times - witnesses sign on the back of the document.  In both of these cases, witnesses who sign in the manner of the other document invalidate those documents.  Or, perhaps, a tied document can be turned into an ordinary document by untying it.  Rabbi Shimon ben Gamliel says that everything is in accordance with regional customs.  

The Mishna continues, explaining that an ordinary document can be validated by having at least two witnesses.  A tied document can be rendered valid by having at least three witnesses. An ordinary document with one witness signature and a tied document with only two witnesses are not valid.

The Gemara dives into sources, mostly Jeremiah, for the halachot of contractual documents.  This includes numbers of witnesses, the need to seal documents and the dates written on documents.  

One of the more interesting stories is that of why tied documents were implemented.  We are told that there was a place with many priests who were quick-tempered.  These priests would decide that they did not wish to be married any longer and would divorce their wives impetuously.  Of course, priests are restricted in their marriage options.  They cannot marry divorcees, even their own ex-wives.  In order to curb this situation, the tied document was introduced.  The process of tying a document is very long, and priests would have the opportunity to change their minds.  The tied document was not intended to be used in any other place for any other purpose.  

Today's daf emphasizes the rabbis' understandings about culture.  Halachot could be changed or introduced to benefit any particular community.

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