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1) CHACHAMIM DO NOT RECOGNIZE WOMEN SO WELL

(a) A woman was claiming her Kesuvah. R. Yirmeyah bar Aba was signed on a receipt saying that she was paid; she said, it was not written for her.

1. R. Yirmeyah bar Aba: I agree, it was not written for you - but the other witnesses say that it was, you grew older, your voice changed.
2. (Abaye): Even though once a witness testified, he cannot retract his testimony, a Chacham normally does not recognize women so well, he is believed to retract what he originally said (that it was not her).

(b) R. Yirmeyah bar Aba was signed on a receipt; the woman said that it was not written for her.

1. R. Yirmeyah bar Aba: It was written for you!

(c) (Abaye): Even though a Chacham normally does not recognize women so well, if he is sure, he is sure!
(d) (Abaye): When a Chacham goes to Mekadesh a woman, he should take an ignoramus with him, lest they will give him a different woman at the Nisu'in (the ignoramus would recognize that she is not the same woman).

(a) (Mishnah): The husband pays the scribe.
(b) Question: What is the reason?
(c) Answer: "V'Kasav...v'Nasan" (the one who writes the Get must be the one who gives it).

1. Nowadays, the woman pays - Chachamim enacted this, in order that the husband will not delay giving it (because he does not want to pay for it).

(d) (Mishnah): We may write a loan document for a borrower, even in the absence of the lender... (the borrower pays the scribe).
(e) Objection: This is obvious (he benefits from the loan)!
(f) Answer: The Chidush is regarding an Iska (the lender shares the profits).
(g) (Mishnah): We may write a sale document for a seller, even in the absence of the buyer...(the buyer pays the scribe).
(h) Objection: This is obvious (he benefits from the sale)!
(i) Answer: The Chidush is when the field is sold on account of its low quality.
(j) (Mishnah): We only write documents of Kidushin or Nisu'in with consent of both parties (the Chasan pays the scribe).
(k) Objection: This is obvious (he benefits more)!
(l) Answer: The Chidush is when he is a Chacham, his father-in-law benefits more.
(m) (Mishnah): We only write documents of Arisus or rental of land with consent of both parties (the worker or renter pays the scribe).
(n) Objection: This is obvious!
(o) Answer: The Chidush is when he must leave the field fallow this year (he does not benefit now).

(a) (Mishnah): We only write documents of Birurin...with consent of both parties.
(b) Question: What is a document of Birurin?
(c) Answer #1 (Chachamim of Bavel): It Mevarer (clarifies) the claims.
(d) Answer #2 (R. Yirmeyah bar Aba): It says which judge each party Birer (chose) to hear the case. (The two judges then choose the third judge.)
(e) (Mishnah): R. Shimon ben Gamliel says, one copy is written for each party.
(f) Suggestion: Chachamim and R. Shimon ben Gamliel argue whether or not Kofin Al Midas Sedom (we force a person to share if this benefits others and he will not lose):

1. Chachamim say that either party can force the other to share the cost of one document, R. Shimon ben Gamliel says that it cannot.

(g) Rejection: No, all agree that Kofin Al Midas Sedom;

1. R. Shimon ben Gamliel says that a party can refuse to have the claims of each side written together (Rashbam - lest constantly seeing the other's claims will cause friction).

(a) (Mishnah - R. Yosi): Reuven paid part of his debt to Shimon. He fixed a date and gave the document to Levi saying: 'If I do not pay the rest by this date, give the document to Shimon (who may then collect the full amount).' Reuven did not pay in time - Levi gives the document to Shimon;
(b) R. Yehudah says, he does not give it.
(c) (Gemara) Question: What do they argue about?
(d) Answer: R. Yosi says that Asmachta (an exaggerated promise) is binding, R. Yehudah holds that it is not.
(e) (Rav Nachman): The Halachah follows R. Yosi.
(f) When people would come in front of R. Ami, he would say 'R. Yochanan says that the Halachah follows R. Yosi - how can I argue?!
(g) The Halachah does not follow R. Yosi.

(a) (Mishnah): If Reuven's document faded, he gets witnesses who know what was written to testify in front of Beis Din, Beis Din writes a Kiyum: Ploni's document faded, on this day, the witnesses were Almoni and...

(b) (Gemara - Beraisa): The Kiyum is: 'We three judges sat, Reuven and..., Ploni showed us that his document was faded, the date was..., the witnesses were Almoni and...
(c) If the Kiyum says 'We heard the witnesses' testimony, it was proper', Ploni can collect with the Kiyum, he does not need proof (of the date of the original document); if not, he must bring proof (of the original date).
(d) If a document was torn (by a person), it is invalid; if it became torn by itself, it is valid.
(e) If it was erased or smudged - if the imprint of the writing is still visible, it is valid; if not, not.
(f) Question: What are the cases of being torn (by a person) and torn by itself?
(g) Answer: Torn by a person - this is when Beis Din tears it; torn by itself - this is any other tear.
(h) Question: How does Beis Din tear a document?
(i) Answer #1 (Rav Yehudah): They tear the place of the witnesses, the date and the Toref (the crucial information, i.e. the parties, the amount of the loan...).
(j) Answer #2 (Abaye): They tear it lengthwise and widthwise.
(k) Some Yishmaelim came to Pumbadisa, they would forcibly take people's land; the owners brought their documents to Abaye, and asked him to write new ones, in case the originals will be taken.

1. Abaye: I cannot - Rav Safra taught (169A), we do not write two documents for one field, lest the field be collected by a creditor of the seller (Reuven), and the buyer (Shimon) will take land from someone who bought from Reuven after Shimon (and give him one document), then Shimon will take land from someone else who bought from Reuven (and give him the other document).
2. The owners were pressuring Abaye. He told his scribe to write documents for them on erased parchment, and the witnesses should sign on clear parchment (such documents are invalid).
3. Rav Acha bar Minyomi: Perhaps the imprint of the writing of the first document (before the parchment was erased) will still be visible - the Beraisa teaches that Beis Din makes a Kiyum in such a case!
4. Abaye: The scribe will not write over an erased document, rather, he will write 'Aleph-Beis', erase it, and then write for these people.