1There is a presumption that witnesses sign on the document only if the transaction was made when both parties to the transaction are adults. A corollary of that presumption is that each party would sign only adult witnesses to the document. However, if their testimony was that they were compelled to sign the document, what is the reason that Rabbi Meir rules that their testimony is not accepted?
2Rav Ḥisda said that Rabbi Meir maintains: Witnesses that others said to them: Sign a document containing a falsehood and you will not be killed, should allow themselves to be killed and they should not sign a document containing a falsehood. Therefore, even when they testify that they were compelled to sign the document due to a threat to their lives, they are incriminating themselves.
3Rava said to him: Now, if the witnesses came before us to consult with the Sages, we say to them: Go sign the document and you should not be killed, as the Master said: You have no matter that stands before saving a life, other than idol worship, forbidden sexual relations, and murder. Now that they signed, do we say to them: Why did you sign? Only in those three cases, when faced with a choice between violating the prohibition and being killed, must one be killed rather than violate the prohibition. Signing a false document does not fall into that category. Why then, according to Rabbi Meir, is their testimony that they were compelled to sign the document not accepted?
4Rather, the reason for the opinion of Rabbi Meir is in accordance with the statement that Rav Huna said that Rav said, as Rav Huna said that Rav said: In the case of a borrower who admits with regard to a document that he wrote it, the lender need not ratify the document in court. Once the borrower admits that he wrote the document, he cannot then claim that it is forged or that the debt was repaid. Similarly, once the witnesses testify that they signed the document, it is a credible document that they cannot then invalidate ( Tosafot ).
5§ With regard to the matter itself, Rav Huna said that Rav said: In the case of a borrower who admits with regard to a document that he wrote it, the lender need not ratify the document in court. Rav Naḥman said to Rav Huna: Why do you need to conceal the reason for your opinion like a thief? If you hold in accordance with the opinion of Rabbi Meir, say: The halakha is in accordance with the opinion of Rabbi Meir. Do not state your opinion in a manner that obscures its connection to a tannaitic dispute.
6Rav Huna said to him: And what does the Master hold in a case where the borrower admits that he wrote the document? Rav Naḥman said to him: When lenders come before us for judgment, we say to them: Go and ratify your documents and descend and stand before us for judgment. If a lender relies solely on the confession of the borrower, the borrower could claim that although he wrote the document, he then repaid the loan. However, if the document was ratified by the court based on the testimony of the witnesses who signed it, the borrower’s claim that he repaid the loan is not accepted.
7§ Rav Yehuda said that Rav said: One who says with regard to a document: This is a document of trust, is not deemed credible. If one claims that the document is a valid document but that no loan actually took place, and instead the borrower trusted the lender and gave him the document in order to borrow money in the future, or as security, he is not deemed credible.
8The Gemara asks: In the case to which Rav’s statement is referring, who is saying that the document was a document of trust? If you say that it is the borrower who is saying so, it is obvious that he is not deemed credible. Is it within the power of the borrower to establish that the document is not genuine? But rather, say it is the lender who is saying that it is a document of trust. In that case, not only is he deemed credible, but let a blessing come upon him for admitting that a debt may not be collected with this document. Rather, say it is the witnesses who are saying that it is a document of trust. If so, the question arises: If it is a case where their handwriting emerges from another place, it is obvious that they are not deemed credible, as the document is ratified. And if it is a case where their handwriting does not emerge from another place, and the witnesses themselves testify that it is their signatures on the document, but that it was a document of trust, why are they not deemed credible? This is a clear case of: The mouth that prohibited is the mouth that permitted.
9The Gemara provides a mnemonic for the names of the amora’im who seek to explain Rav’s statement and resolve the problem: Beit , the second letter in the name of Rava; alef , the first letter in Abaye; and shin , the second letter in the name of Rav Ashi. Rava said: Actually, it is the borrower who is saying it, and it can be explained in accordance with the statement of Rav Huna, as Rav Huna said that Rav said: In the case of a borrower who admits with regard to a document that he wrote it, the lender need not ratify the document in court. In this case, the borrower admits that he wrote the document and had witnesses sign the document. Rav Yehuda teaches the novel halakha that although the borrower later contends that it was a document of trust, once he admits that he wrote the document, that contention is not accepted.
10Abaye said: Actually, it is the lender who said it, and it is in a case where he causes loss to others by invalidating the document and relinquishing his debt. If the lender owes money to others and lacks funds to repay his debt, then his invalidation of the document creates a situation where his creditor is unable to collect the debt. This is in accordance with the opinion of Rabbi Natan.
11As it is taught in a baraita that Rabbi Natan says: From where is it derived that in a case where a creditor seeks to collect a debt of one hundred dinars from another, and the other person seeks to collect a debt from another, from where is it derived that one takes money from this second debtor and gives it to the first creditor without the money passing through the debtor of the first, who is the creditor of the third? It is derived as the verse states: “And he shall give to the one to whom he is guilty” (Numbers 5:7). One pays the person to whom the money is owed, even if he did not borrow the money directly from him. When the debtor of the first who is the creditor of the third invalidates the document, he causes a loss to his own creditor.
12Rav Ashi said: Actually, it is the witnesses who are saying it, and it is a case where their handwriting does not emerge from another place. And with regard to that which you are saying: Why are they not deemed credible, it is in accordance with the opinion of Rav Kahana, as Rav Kahana said: It is prohibited for a person to keep a document of trust in his house, as it is stated: “And let not injustice dwell in your tents” (Job 11:14). This false document is likely to engender injustice when the lender seeks to collect payment with it.