Bava Basra - Daf 163
- The gap of two lines means הן ואוירן, further defining the gap’s size
The Gemara asks if the two-line gap which invalidates a שטר includes space between the lines, and Rav Nachman bar Yitzchak said: מסתברא דהן ואוירן – it is logical that it means them and their space, because otherwise, למאי חזיא – for what is [the gap] useful, since there is insufficient space for two normal lines of writing? Chizkiyah said the gap must be sufficient for two lines written בכתב יד עדים – in the larger handwriting of witnesses, not the smaller handwriting of a professional scribe, because one does not go to a scribe to falsify his שטר. Rav Yitzchak ben Elazar said the gap must be large enough for "לך לך" written one above the other (with each "ל" jutting above the line, and each "ך" jutting below it); thus, he requires room for two lines and four spaces. Ulla required enough space for a "ל" in the top line, and a "ך" in the bottom line (i.e., three spaces), and Rebbe Abahu only required enough space for "ברוך בן לוי" on one line, thus requiring only a gap as large as one line and two spaces.
- Rav: A gap between the עדים and Beis Din’s certification is valid, even multiple lines
Rav says that a two-line gap only invalidates a שטר where the gap is between the text and the signatures. אבל בין עדים לאשרתא – But if the space is between the witnesses’ signatures and Beis Din’s certification, אפילו טובא נמי כשר – even a lot of blank space is valid. The Gemara explains that the case is דמטייט ליה – where he inks in [the blank space], so nothing can be written there. Inking in the space between the text and the signatures would not validate the שטר, because people may say סהדי אטיוטא הוא דחתימי – the witnesses were only signing to testify about the inking in of the space (that nothing was previously written there), and not the actual text. This is not a concern for Beis Din’s certification, because Beis Din would not certify the inking in of a space. The Gemara asks that perhaps the holder will cut off the entire text and signatures of the שטר, erase the inked-in space, and write whatever he wants there and forge signatures, since the שטר is already certified!? The Gemara answers that a שטר written on an erasure must be certified by its signatures, not its certification.
- Rebbe Yochanan: a שטר whose text and signatures are on a single line is valid
Rebbe Yochanan disagreed with Rav, and said that if space is left between the signatures and Beis Din’s certification, אפילו שיטה אחת פסול – even a single line is invalid. The reason is that the holder might cut off the text and signatures of the שטר, and write whatever he wants and forge signatures on the single line of space above the certification, because Rebbe Yochanan holds: שטר הבא הוא ועדיו בשיטה אחת כשר – a document that comes with [its text] and signatures on a single line is valid. One cannot take advantage of the single-line space between the text and signatures, by cutting off the text and writing whatever he wants in the line above the signatures, because Rebbe Yochanan holds that a שטר whose text is on one line and its עדים on the next is invalid. Although he could write what he wants and add signatures in that single line (which Rebbe Yochanan validates), and claim he wanted to increase the number of signatures, Rebbe Yochanan holds such a שטר must be certified with the upper signatures in the single line of text, not the lower signatures.
