Gittin, Daf Yod Aleph, Part 3

 

רָבִינָא סָבַר לְאַכְשׁוֹרֵי בִּכְנוּפְיָאתָה דְאַרְמָאֵי

אֲמַר לֵיהּ רַפְרָם עַרְכָּאוֹת תְּנַן

 

Ravina thought to validate a document written by a group of Gentiles.

Rafram said to him: It teaches courts.

 

Ravina thought he could validate a document produced by an ordinary group of Gentiles. Rafram reminded him that it needed to be a court, a group invested with authority. Not just any person.

 

אָמַר רָבָא הַאי שְׁטָרָא פָּרְסָאָה דְּמַסְרֵיהּ נִיהֲלֵיהּ בְּאַפֵּי סָהֲדֵי יִשְׂרָאֵל מַגְבִּינַן בֵּיהּ מִבְּנֵי חָרֵי

וְהָא לָא יָדְעִי לְמִיקְרֵא בִּדְיָדְעִי

וְהָא בָּעֵינָא כְּתָב שֶׁאֵינוֹ יָכוֹל לְזַיֵּיף וְלֵיכָּא בְּדַאֲפִיצָן

וְהָא בָּעֵינָא צָרִיךְ שֶׁיַּחֲזִיר מֵעִנְיָנוֹ שֶׁל שְׁטָר בְּשִׁיטָה אַחֲרוֹנָה וְלֵיכָּא

בִּדְמַהְדַּר

 

Rava said: This Persian document that was given in the presence of Jewish witnesses can be used to collect from unencumbered property.

But they don t know how to read? It refers to those who do know how to read.

But we require writing that cannot be forged and this is not the case? It refers to paper processed with gall nuts.

But we require that the last line reviews the main points of the document, and this is not the case.

It refers to a case where it does review.

 

Rava says that a document written in Persian given in front of Jewish witnesses has some validity according to Jewish law. It can be used to collect from unencumbered property, meaning property over which there is no lien. The Talmud, however, makes sure that the rest of the rules are fulfilled. The Jews who witness the document must be able to read Persian. The paper must be of a quality that can t be forged. And the last line of the document must review the main points of the document. If all of these are fulfilled, the document has limited validity.

אִי הָכִי מִמְּשַׁעְבְּדִי נָמֵי לֵית לֵיהּ קָלָא

 

If so, it should also be used to collect from encumbered property.

It is not well-known.

 

If the document is a proper document, then why not use it to collect even from encumbered property. The Talmud answers that people will not know about this document because it is written in Persian. The idea is that if I know that you borrowed money from someone, I will be careful about buying your property lest your creditor collects the property I bought from you over which he had a lien. But I will know this only if the document is well-known, it literally has a voice. A document in a foreign language will not be known and therefore cannot be used to collect from encumbered property.