Monday 10 July 2017

Bava Batra 167: Forgeries on Documents and Forgeries of Identity

The first part of today's daf focuses on forgery.  The rabbis are concerned that a signature at the bottom of a document might be used by a forger or another person trying to take advantage of the situation.  This could be used for tax evasion, for example.  Abaye suggests that one should not spell out numbers between three and ten at the end of a document because a person could add to it. When we write cheques in modern western society (which is rarely done any longer due to our use of the internet), we write a line after writing out numbers to ensure that forgers do not add to our intended number.  Letters could be erased from the top or the bottom; a vow could be added to a word to change the meaning of the contract.  A person could write with a wobbly style and thus forge the signature of a rabbi with a wobbly hand.

A new Mishna teaches that a get can be written for a husband without the presence of his wife.  A receipt can be given to the wife noting that she received her ketubah without her ex-husband present. The husband pays the scribe.  Next, the Mishna teaches that a loan document can be written for a borrower even if the lender is not present.  We do not write the document for the lender without the borrower present.  The borrower pays the scribe.  Similarly, we may write a document of sale for a seller without the buyer present, but not the other ways around.  The buyer pays for the scribe in this case.  Documents of betrothal or marriage are only written with the consent of both bride and groom, though the groom pays the scribe.  Finally, documents of birurin and the actions of the beit din with the consent of both parties and both share the scribe's fees.  Rabbi Shimon ben Gamliel says that one copy of the document is written for each party.

The Gemara discusses what it means when the Mishna specifies that we must "recognize them".  A husband and ex-wife must be visibly recognizable.  The rabbis are concerned that one of these people might use their half of the receipt/get to benefit them or another person in a different relationship.   If a person is new to a city, there are concerns that he might not be who he says he is and his get might not be written in his actual name.  The rabbis actually suggest that such a person should answer immediately to the name that he calls himself.  Just to be careful, they will not grant a get for the first 30 days that he is in a new town.

The rabbis share a story about a woman who claimed her ketubah but was told that there was already a ketubah given to her.  Witnesses suggested that she had changed - she grew older and her voice changed.  Sages might not recognize women, for it is not proper for them to look intently at women's faces.  In this case, that reality works in women's favour.

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