Traité Gittin

Traduction française en préparation — version anglaise (Steinsaltz) : It is taught in a baraita in accordance with the opinion of Rav: In the case of witnesses who do not know how to sign, one tears a blank piece of paper for them, and they fill in the gaps with ink.

Traduction française en préparation — version anglaise (Steinsaltz) : Rabban Shimon ben Gamliel said: In what case is this statement said? For bills of divorce. However, for bills of manumission and for all other documents, if the witnesses know how to read and how to sign, then they sign, and if they do not know how to read and sign they do not sign.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: With regard to reading, who mentioned anything about it? Why does Rabban Shimon ben Gamliel mention the need for witnesses to be able to read when the discussion is about a witness who does not know how to sign? The Gemara answers: The baraita is incomplete, and this is what it is teaching: In the case of witnesses who do not know how to read, one reads the document in their presence and they sign. And in the case where they do not know how to sign, then one tears paper in the form of a stencil and they fill in the gaps with ink. With regard to this, Rabban Shimon ben Gamliel said: In what case is this statement said? For bills of divorce. However, for bills of manumission and for all other documents, if the witnesses know how to read and how to sign, then they sign, and if not they do not sign.

Traduction française en préparation — version anglaise (Steinsaltz) : Rabbi Elazar says: What is the reason of Rabban Shimon ben Gamliel, who permitted this only for bills of divorce? He holds that there is reason to be lenient with bills of divorce, so that the daughters of Israel should not be deserted. Requiring literate witnesses for bills of divorce could lead to a scenario in which a husband wishes to travel and wants to give his wife a bill of divorce in case he shall not return, but if he does not find literate witnesses he may leave without divorcing her, leaving her unable to remarry.

Traduction française en préparation — version anglaise (Steinsaltz) : Rava says: The halakha is in accordance with Rabban Shimon ben Gamliel. And Rav Gamda said in the name of Rava: The halakha is not in accordance with Rabban Shimon ben Gamliel. The Gemara asks: Rather, in accordance with whose opinion is the halakha? Is it in accordance with the opinion of the Rabbis, and it is permitted to do this for any document?

Traduction française en préparation — version anglaise (Steinsaltz) : But wasn’t there a certain person who performed an action, and allowed witnesses to trace their names in a case of other documents that were not bills of divorce, and Rav Kahana ordered that he be flogged for doing so? The Gemara answers: Rav Gamda interpreted the statement of Rava only with regard to reading, meaning that the halakha is in accordance with the Rabbis and not Rabban Shimon ben Gamliel only with regard to the question of whether other documents may be read to the witnesses, but not with regard to whether they may sign other documents by means of a stencil.

Traduction française en préparation — version anglaise (Steinsaltz) : It is told that Rav Yehuda was nearly blind in his old age. He could barely read and he took great pains to read and sign documents as a witness or a judge. Ulla said to him: It is not necessary for you to do this, as the court scribes would read in the presence of Rabbi Elazar the master, i.e., the halakhic authority of Eretz Yisrael, and he would sign; and the court scribes would read documents before Rav Naḥman and he would sign; and you may do the same. The Gemara notes: And this was done specifically in a case like that of Rav Naḥman and the court scribes, as they had fear of him because he was a great man and a judge to whom they were subservient. Therefore, there was no concern that they would not read it correctly. However, for Rav Naḥman and other scribes, or the court scribes and another person, no; the document may not be read to the witness, as the scribes may read it incorrectly to him.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara recounts the behavior of another amora who had documents read to him: When documents that were written in Persian and that were produced in gentile courts came before Rav Pappa, who did not know how to read Persian, he would have it be read by two gentiles, each one not in the presence of the other and in a way that each one would speak offhandedly, without knowing that they were giving testimony. Once he clarified what was written in the document he would collect payment with it even from liened property that had been sold, as he held that such a document is entirely valid with regard to monetary law.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Ashi said that Rav Huna bar Natan said to me that so said Ameimar: With regard to this Persian document, on which Jews are signed as witnesses, the court is able to collect payment with it, even from liened property that had been sold.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: But they don’t know how to read, as most Jews did not read Persian. The Gemara answers: Ameimar’s statement applies when they know how to read Persian. The Gemara questions how the court can rely upon such a document: But don’t we require all legal documents to be written in a writing that cannot be forged; and it is not so in documents produced by Persians, as the Persians were not particular about this when writing their legal documents. The Gemara answers: His statement applies in a case where the paper of the documents was processed with gall. Consequently, it is not possible to forge the writing. But we require a document to recap the essential topic of the document in its last line; and it is not so in the case of Persian documents. The Gemara answers: Ameimar’s statement applies in a case where the document recapped the essential topic of the document in the final line.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: But if Ameimar’s statement applies only when all these conditions are met, then what is he teaching us, that a document that is properly written in any language is valid? We already learned in a mishna (87b): In the case of a bill of divorce that he wrote in Hebrew and its witnesses signed in Greek, or one that he wrote in Greek and its witnesses signed in Hebrew, it is valid. If this is written in the mishna, Ameimar’s statement would not simply repeat it.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: This cannot serve as a clear proof, because if the only source for this halakha were from that mishna then I would say: This statement applies only for bills of divorce, where the Sages were lenient so that a woman would not be unable to remarry. However, for other documents, no. Consequently, Ameimar teaches us that other types of documents are valid if they are written in other languages as well.