Only the crooked use these types of documents TB Ketubot 19

“Rabbi Yehoshua ben Levi said: It is prohibited for a person to keep a repaid document within his house, due to the fact that the verse states: “And let not injustice dwell in your tents” (Job 11:14). Even if he does not use the document to collect payment, the concern is that it might fall into the hands of one who will use it illegally to collect payment. In the West, in Eretz Yisrael, they say in the name of Rav: With regard to the first half of the verse: “If iniquity be in your hand, put it far away” (Job 11:14), this is referring to a document of trust and a document of security [passim]. With regard to the second half of the verse: “And let not injustice dwell in your tents,” this is referring to a repaid document.

“They note: With regard to the one who said that a repaid document is the injustice referred to in the verse, all the more so a document of trust is an injustice and may not be kept, as a document of trust is fundamentally false. And with regard to the one who said that a document of trust is the injustice referred to in the verse, however, with regard to a repaid document, perhaps it is permitted to keep it, as, at times people keep it and do not return it to the borrower. This is because in those cases it serves as security for the coins of the scribe, whose fee has not yet been paid by the borrower, who is legally responsible to pay the scribe for writing the document.” (Sefaria.org translation)

What is a document of trust (shtar amanah- שְׁטַר אֲמָנָה)? There is no one definition of a shtar amanah. Rashi describes it as a pre-approved loan with all the paperwork done even though the money hasn’t been transferred from the lender to the borrower. Tosefot says the borrower uses the shtar amanah for the purposes of looking wealthier than he is. This document of trust gives the impression that he has the money already. The Meiri says the purpose of the shtar amanah from the very outset is to deceive the lender. The borrower does want to pay him back. He writes this document of trust for another person stating that he owes him money. Consequently, he does not have the funds to pay back the real lender.

What is a document of security (shtar passim- שְׁטַר פַּסִּים)? There are two possible definitions of a shtar passim. In this case the lender wants to look wealthier than he actually is. The document of security gives the appearance that he has plenty of money “in the bank.” The second definition involves outright deceit. The borrower doesn’t want his property or assets seized for payment of an outstanding loan; consequently, he writes a shtar passim stating that another person already has a lien on the property or assets. Thus he stymies the real lender.

We can appreciate why the rabbis forbade to keep these types of documents. We’ve seen how the rich and superrich use these types of approaches to avoid paying taxes and getting loans based on inflated wealth or property.

The Gemara continues and teaches something in a practical level for all synagogues. “On a similar note it is stated, with regard to keeping items with potential to lead to transgression: With regard to a Torah scroll that is not proofread and therefore contains errors, Rabbi Ami says: It is permitted to keep it without emending the mistakes for up to thirty days, and from that time onward it is prohibited to keep it, as it is stated: “And let not injustice dwell in your tents” (Job 11:14).” (Sefaria.org translation)

I wonder how many synagogues keep invalid Torahs.  I suspect more than fewer synagogues have invalid Torahs in their arks. I also suspect the reason why is the cost to repair these Torahs.

 

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