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                 THE DAFYOMI DISCUSSION LIST

      brought to you by Kollel Iyun Hadaf of Yerushalayim
             Rosh Kollel: Rabbi Mordecai Kornfeld
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Bava Basra 160: A bound document  with three witnesses

Barry Epstein <[EMAIL PROTECTED]> asked:

The Mishnah says that a bound document requires 3 witnesses.  Why 3?

Barry Epstein, Dallas, USA
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The Kollel replies:

The bound document ("Get Mekushar") requires that witnesses sign on the
reverse, opposite the entire text of the document. Since generally there
are a minimum of  three lines of text, the Chachamim made it a rule that
there must be at least three witnesses signed on it.

D. Zupnik
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The RASHBAM (Bava Basra 164b DH v'Halo, DH Kach) writes that the Chachamim
instituted the Halachos of Get Mekushar to allow a document that was
written according to the common practice of the day (among non-Jews) with
regard to the writing of documents. It apparently was common practice for
documents to have three witnesses (in contrast to the Halachah of the Torah
which requires only two), so the Chachamim instituted three witnesses in a
Get Mekushar.

M. Kornfeld 

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