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Bava Basra 161

BAVA BASRA 161 - sponsored by Alex and Helen Gross of Rechavya, Jerusalem, builders of a home molded by dedication to Torah and Torah study. May the Torah always protect them and their family!

1) [line 1] MECHAK: PASUL, V'AF AL PI SHE'MEKUYAM - (lit. erased: it is invalid, even if it is Mekuyam) when an addendum or correction is added on an erasure in a document, the document is invalid, even if the Shtar is subsequently Mekuyam (see Background to Bava Basra 159:9)

2) [line 5] U'MACHTIM SAHADEI YESEIREI ME'ABRA'I - (a) and he will forge the signatures of more witnesses on the reverse of the additional information. (These signatures will not be validated (Kiyum); he will claim that he need not validate them because they were just additional witnesses that are not necessary for the validity of the document] (RASHBAM); (b) these words do not appear in the Girsa of RABEINU CHANANEL, who explains that the person claims to have left room for additional witnesses but to have found none to use. (The document is not a "Get Kere'ach" -- see Background to Gitin 86:18 -- because it does fulfill the requirement to have as many witnesses as seams.)

3) [line 6] ANA, L'RABOS B'EDIM HU D'AVDEI - I did it with the intention of adding many witnesses to my Shtar (see previous entry)

4a) [line 7] MI SAVRAS... - Why do you assume (according to Rebbi Yirmeyah bar Aba)
b) [line 7] EDIM K'SIDRAN CHASIMEI? - (lit. witnesses sign in order, i.e. in an orderly fashion) that witnesses sign on the reverse side of the document exactly according to the layout of the words on the face of the document?

5) [line 8] MI'MATAH L'MA'ALAH CHASIMEI - [actually,] they sign from the bottom [of the document] towards the top (perpendicular to the layout of the words on the face of the document)

6) [line 9] MISRAMYA REI'USEI - it may happen that there will be something (a condition or time limit) to his detriment (to the detriment of the person who holds the Shtar)

7) [line 9] V'GAYIZ LEI - and he will cut it off
8) [line 10] V'GAYIZ LEI L'REUVEN B'HADEI, U'MISKASHER B'VEN YAKOV ED - and he will also cut off "Reuven" (the first name of the witness) along with it (the line to his detriment), and the document will be valid because of the signature "Ben Yakov, the witness"

9) [line 12] D'CHESIV "REUVEN BEN" B'CHAD DARA - "Reuven ben" is written on one line; that is, since the witness signed perpendicular to the layout of the words on the face of the Shtar, the letter "Reish" at the beginning of the word "Reuven" and the letter "Beis" at the beginning of the word "Ben" are on the same line, i.e. the last line of the Shtar. TOSFOS, according to the emendations of the BACH, explains that the word "Ben" is written with very wide letters, to take up the same amount of space as the word "Reuven," as follows:

                               XXX       X
                                  XXX  XXXXXX

                           XXX    XXX    XXXX
                           XXX    XXX
                           XXX    XXX    XX XX
                           XXX    XXX      X
                           XXXXXXXXXX    XX XX
                           XXX              X
                           XXX              X
                           XXX           XXXX
10) [line 12] V'YAKOV ED ILAVEI - and "Yakov Ed" above it (since we are dealing with the instance that he started to sign from the bottom of the reverse side of the Shtar, the words "Yakov Ed" will be higher up on the back of the Shtar than "Reuven ben")

11) [last line] CHASIMUS YADA - handwriting


12) [line 1] BI'SHEMEI D'AVUHA CHASAM - he signed with his father's name
13) [line 2] LO SHAVIK INISH - a person does not leave out
14) [line 3] SIMANA B'ALMA HU D'SHAVYEI - perhaps he made it (the letters of his father's name) a [unique] symbol [with which he signs documents]

15) [line 4] RAV TZEYAR KAVRA - Rav drew a fish
16) [line 4] CHARUSA - a palm branch
17) [line 5] SAME"CH - the letter "Samech"
18) [line 5] AYI"N - the letter "Ayin"
19) [line 6] MAKUSA - (a) the mast of a ship (RASHBAM, RASHI to Gitin 87:12); (b) the sail of a ship (RASHI to Gitin 36a); (c) a ship (ARUCH)

20) [line 6] LO CHATZIF INISH - a person is not so brazen
21) [line 8] SHE'EIN EDAV KALIN B'SHITAH ACHAS - the witnesses of which do not end (or begin) on one line, i.e. the last line at the point on the reverse side of the Shtar on which the text ends

22) [line 10] KOL HA'MACHAKIN - all erasures
23) [line 11] (V'DEIN) KIYUMEIHON - (and these are) their validations (the RASHBAM is not Gores the word "v'Dein")

24) [line 11] SHE'YACHZOR ME'INYANO SHEL SHTAR B'SHITAH ACHARONA - to repeat [only] the content of the Shtar in the last line [of the Shtar], i.e. without adding any new details

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