Study Bava Batra folio 49A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
they are not deemed credible. And similarly, witnesses who said: Our statement that we signed was accompanied by a preemptive declaration, are not deemed credible. They cannot negate the testimony of the document that they themselves signed by claiming that there had been a preemptive declaration.
The Talmud answers: That matter of witnesses not being deemed credible to nullify a document applies only when the witnesses attempt to nullify the document by means of an oral declaration, as an oral declaration cannot come and weaken a written document. But if the witnesses attempt to nullify the
The Talmud returns to discuss the matter itself: Rav Naḥman says that witnesses who said: Our statement that we signed was a document of trust, are not deemed credible. And similarly, witnesses who said: Our statement that we signed was accompanied by a preemptive declaration, are not deemed credib
And Mar bar Rav Ashi says that witnesses who said: Our statement that we signed was a statement of trust, are not deemed credible; but witnesses who said: Our statement that we signed was accompanied by a preemptive declaration, are deemed credible. What is the reason for the difference between the
§ The Mishnah teaches that a man does not have the ability to establish the presumption of ownership with regard to his wife’s property and a wife does not have the ability to establish the presumption of ownership with regard to her husband’s property. The Talmud asks: Isn’t this obvious? Since he