What is good analogy for kiyum shtarot (קיום שטרות) certifying the authenticity of the document? The court is notarizing the document. But what is the court actually notarizing? Rabbi Yehuda Hanasi and the Sages disagree what the court is notarizing. The discussion begins at the very bottom of TB Ketubot 20b and continues on today’s daf TB Ketubot 21.
“MISHNA: If this witness whose
name is signed on a document says: This is my handwriting and this is
the handwriting of my fellow witness, and that witness says: This
is my handwriting and that is the handwriting of my fellow witness, these
witnesses are deemed credible and the document is ratified, as together
they provide testimony authenticating both signatures. If this witness says:
This is my handwriting, and that witness says: This is my handwriting,
and neither testifies with regard to the signature of the other, they must
add another witness with them who will authenticate the signatures
of the two witnesses, as otherwise, each of the witnesses would be testifying
with regard to half the sum in the document; this is the statement of Rabbi
Yehuda HaNasi. And the Rabbis say: They need not add another witness with
them. Rather, a person is deemed credible to say: This is my handwriting.
The testimony of the two signatories about their own signatures is sufficient.”
“GEMARA: The Gemara says: When you analyze
the reasoning for the opinions of the tanna’im, say that
according to the statement of Rabbi Yehuda HaNasi, the witnesses are
testifying about their handwriting and authenticating their own signatures.
Therefore, if each witness testifies only with regard to his own handwriting,
there is only one witness authenticating each signature. According to the
Rabbis, the witnesses are testifying about the sum of one hundred
dinars that is in the document and are not authenticating the signatures at
all. Therefore, the testimony of the two witnesses who signed the document is
sufficient to ratify the document.” (Sefaria.org translation)
Rabbi Yehuda HaNasi’s says the court
is notarizing the signatures and not the content of the document. In other
words, the court is acting like our modern public notary. The person notarizing
the document doesn’t need to know what’s contained therein. A person signs his
signature in front of public notary and he notarizes it. Since the court is certifying
the signatures two witnesses are required. In the first case in the Mishna
there are two witnesses testifying to the validity of each signature. In the
second case only one witness is testifying on a signature. Rabbi Yehuda HaNasi holds
though one witness can double dip and authenticate his own signature and the
other signature on the document as long as a third witness authenticates as
well.
The Sages holds the position that
the court is notarizing the content of the document. The document has already
been signed by two witnesses. As long as those two witnesses come before the
court and testify the signatures are theirs that is sufficient to notarize the
document. However, if the court is using other means of certifying the
document, then the Sages would agree with Rabbi Yehuda Hanasi that two
witnesses are required to authenticate the document.
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