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I took the deed of purchase, the sealed text and the open one according to rule and law, and gave the deed to Baruch son of Neriah son of Mahseiah in the presence of my kinsman Hanamel, of the witnesses who were named in the deed, and all the Judeans who were sitting in the prison compound. In their presence I charged Baruch as follows: Thus said G
OD
of Hosts, the God of Israel: “Take these documents, this deed of purchase, the sealed text and the open one, and put them into an earthen jar, so that they may last a long time.”
Jeremiah 32:11-14
and that which was open
Which was confirmed in the court by word of its witnesses, and the judges wrote and signed a judicial confirmation. This is the confirmation of the deeds to make the matter open and publicized lest the witnesses die, and our Rabbis explained this concerning a plain, open document and a folded one in Baba Bathra (160b).
Rashi on Jeremiah 32:11:3
When a promissory note in a person's possession is worn and it is beginning to become effaced, the lender should have witnesses look at it. He should then come to the court, and the court will validate it. The witnesses who signed the promissory note itself, however, may not compose another promissory note on their own initiative, even when the promissory note was blotted out in their presence. Instead, they should go to the court, and the court will validate the promissory note. How should this promissory note be validated? The court composes a new document that states: "We the court composed…
Mishneh Torah, Creditor and Debtor 23:12-14
When the head of a court of law knows about the general circumstances described in a legal document, he may sign it even though he does not read it himself, but instead, it was read to him by one of his scribes. The rationale is that the head of the court trusts the scribe, and the scribe is afraid. No other person can do this. A witness may not sign a legal document until he reads it word for word.
Mishneh Torah, Creditor and Debtor 24:7
When a person sells a promissory note to a colleague or gives one to him as a gift, the physical transfer of the note does not bring about a transfer of the obligation it carries. For he transferred only the proof of the debt. And that proof is not something that can be grasped by the hand.
Mishneh Torah, Sales 6:10
Then they changed it to acquisition by money, by document, or by possession. By money: “Fields will be bought by money,” that is money. “Writing on a scroll and signing”, these are the witnesses on the contract. “And testifying of witnesses,” these are the witnesses to possession. Or maybe these are only the witnesses to the contract? These are already written: “Writing on a scroll and signing.”
Jerusalem Talmud Kiddushin 1:5:4
It was stated: [A claim based on] any of these three types of documents can be collected only from unincumbered property, not from mortgaged property. Rebbi Abba said, that means, if the document in the hand of the lender has not been confirmed. But if the document in the hand of the lender has been confirmed, he may collect. Rebbi Yose asked: If the document in the hand of the lender has not been confirmed, he should not be able to collect even from unincumbered property! But one must deal with a document confirmed in the hand of the lender…
Jerusalem Talmud Yevamot 3:9:4
HALAKHAH:
“Rebbi Aqiba said, when I left the country for Nahardea for the intercalation of the year, Nehemiah from Badala found me,” etc. If it was found in a document: “X died, X was killed”; Rebbi Jeremiah said, one lets his wife remarry; Rebbi Abun bar Cahana said, one does not let his wife remarry. A
baraita
supports the one, a
baraita
supports the other. A
baraita
supports Rebbi Jeremiah: “By the mouth of witnesses,” not on basis of their writings, not on the word of a translator, not on the testimony of a single witness…
Jerusalem Talmud Yevamot 16:7:2
Rav Ḥiyya bar Ashi in the name of Rav: A document produced by the creditor in the creditor’s handwriting is invalid, for I am saying that he has practiced writing documents. This implies that in the hand of another it would be valid. Rebbi Abinna in the name of Samuel: It is always invalid unless it be in the creditors’s possession but in the debtor’s handwriting. What about this? Rebbi Yose ben Rebbi Bun said, explain it according to everybody about a testamentary gift.
Jerusalem Talmud Shevuot 7:7:9
MISHNAH:
One does not write debt documents on the holiday, but if he does not trust him or if he has nothing to eat, he shall write. One does not write Torah scrolls,
tefillin
and
mezuzzot
on the holiday; also one does not correct even a single letter in the Temple Courtyard Scroll. Rebbi Jehudah says, a person may write
tefillin
and
mezuzzot
for himself, and spin for himself the blue string for his
ṣiṣit
.
Jerusalem Talmud Moed Katan 3:4:1
The authenticity of the signatures of the witnesses to legal documents may be verified in any of five ways:
a) the judges recognize the handwriting of the witnesses and know that this is so-and-so's signature and that this is so-and-so's signature;
b) the witnesses sign the legal document in their presence;
c) the witnesses who signed come and each testifies in the presence of the judges saying, "This is my signature and I am a witness to this matter";
d) if the witnesses to the legal document died or they were in another locale…
Mishneh Torah, Testimony 6:2
When a person tells a colleague: "The promissory note in your possession mentions a factor that is advantageous to me," and the colleague states: "I will not produce my promissory note," or "I do not know if it states anything that serves as support for your position," we compel him to produce the promissory note and bring it to court. If the holder of the promissory note claims that it was lost, we issue a conditional ban of ostracism against him.
If, however, the person who desires to see the promissory note claims that he is certain that his colleague is holding a promissory note that…
Mishneh Torah, Plaintiff and Defendant 5:7-8
If the witnesses say: "We were not acceptable as witnesses because of a transgression we violated," or "We took a bribe to testify on this document," their word is not accepted. The rationale is that a person's own testimony can never be used to have him considered as wicked. Instead, two witnesses must testify that he is wicked.
Similarly, if the witnesses say: "Our words were given on faith, their words are not accepted. For a person who signs as a witness on a promissory note given on faith is considered as if he gave false testimony.
Mishneh Torah, Testimony 3:7
MISHNAH:
A predated
prozbol
is valid, postdated it is invalid. Predated documents of indebtedness are invalid, postdated they are valid. If one person borrows from five, one writes a
prozbol
for each single [creditor]. If five persons borrow from one, he writes only one
prozbol
for all of them.
One writes
prozbol
only on the basis of real estate. If he has none, [the other party] gives him the right to a minute area of their field. If he had a field mortgaged in town, one writes a
prozbol
on it…
Jerusalem Talmud Sheviit 10:3:1
A document which has an erasure or insertion in its main part is invalid; in the routine matter it is valid; but if it was mentioned later it is valid even in the main part. Rebbi Jonah and Rebbi Yose both say, one has to mention it at least in the second line before the end of the text. Rebbi Ze‘ira in the name of Rav: One has to mention the essence of the document with it. Rebbi Abba in the name of Rav: If one did not mention the essence of the document with it. The argument of Rebbi Abba seems inverted…
Jerusalem Talmud Gittin 9:7:3
The text of a will: We, the undersigned witnesses, went into Rabbi x, to visit him and found him ill and stuck in bed; and his words were lucid in his mouth, and his mind was clear to answer yes to [what was] yes, and no to [what was] no. And he said to us, “Behold, I am ill and I am worried lest I will die from this illness. I request from you to be the witnesses for my will, and behold, I command in front of you because of death to give to my son, y, such and such and to my other son, such and such, and to z such and such…
Sefer HaChinukh 579:17
If the upper portion of a promissory note speaks of a
sefel and
the lower portion speaks of a
kefel,
we follow the wording of the latter portion, for a
kefel
is less than a
sefel.
If the upper portion of a promissory note speaks of a
kefel
and the lower portion speaks of a
sefel,
we suspect that perhaps a fly caused the left leg of the
kuf
to be rubbed out and made it appear like a
samech.
Hence, the bearer may expropriate only a
kefel,
the lesser measure…
Mishneh Torah, Creditor and Debtor 27:15
When a person finds a promissory note, he should not return it. This applies even if the note does not explicitly say that it creates a lien on the debtor's landed property, the presumed debtor acknowledges his obligation, and the signatures of the witnesses have been validated.
The rationale is that we suspect that the note was already paid, and the creditor and the debtor are joining together to deceive the purchasers of the debtor's landed property and expropriate that property unlawfully. This is the reason why the debtor acknowledges the creditor's claim…
Mishneh Torah, Robbery and Lost Property 18:1
And Rambam, may his memory be blessed, wrote (Mishneh Torah, Laws of Testimony 3:4) that the main testimony of the Torah is from the mouth of witnesses and not from the mouth of their writing, as it is stated (Deuteronomy 17:6), “By the mouth, etc.”; except that because of the betterment of the world, such that people would find [those from whom] to borrow, the Sages ordained that we establish law with regard to money according to witnesses in a deed, the same as from their mouth. But Ramban, may his memory be blessed…
Sefer HaChinukh 122:5
Why do we not tell Reuven: "If it is true that he sold the property to you or gave it to you as a present, why did you not take care of your deed of acquisition?" Because a person does not take care of his legal documents for his entire life, and it is an established presumption that a person will not take care of a legal document for more than three years. If by that time, he sees that no one is protesting his ownership, he will not take care of it any longer.
Mishneh Torah, Plaintiff and Defendant 11:4
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