Edut - Chapter 7

A relative may give testimony with regard to his relative's signature.

What is implied? There was a legal document which Reuven and Shimon signed as witnesses. They died or traveled overseas. Reuven's son came and testified: "This is my father's signature," and Shimon's son came and testified: "This is my father's signature," it is as if they are two acceptable witnesses who are not related to the witnesses who have signed. If a third witness joins together with them and testifies with regard to the two signatures, the authenticity of the legal document is validated.

The statements of the following individuals are acceptable when, as adults, they testify with regard to what they observed as minors. A person's words is accepted when, as an adult, he states: "This is the signature of my father....", "This is the signature of my teacher...", "This is the signature of my brother which I learned to recognize when I was a minor."

The above applies, provided he is joined by another person who learned to recognize these signatures while an adult.

When there is a legal document on which Reuven and Shimon signed as witnesses and two others came and testified to the authenticity of the signatures of both Reuven and Shimon, the legal document is validated. If, however, one testified to the authenticity of Reuven's signature and the other testified to the authenticity of Shimon's signature, the document is not validated. The rationale is that two witnesses must testify with regard to both witnesses' signature. If there is a third witness who testifies with regard to the authenticity of both Reuven's and Shimon's signature, the document is validated.

When one witness says: "This is my signature," and he and another witness testify with regard to the signature of the other witness, the document is not validated, for three fourths of the money mentioned in the legal document is dependent on the testimony of one person. Similarly, if the son or the brother of the first witness testifies with another person with regard to the signature of the second witness, the document is not validated, because three fourths of the money is dependent on the testimony of relatives.

When two witnesses sign a legal document and one of them dies, it is necessary that two witnesses testify with regard to the authenticity of the witness who died. If there is only one other witness who recognizes his signature in addition to the witness who is alive, the latter should write his signature, even on a shard, in the presence of two witnesses and send it to the court so that his signature will be validated. In that instance, it is not necessary for him to declare that it is his signature. Accordingly, he and another person can testify with regard to the signature of the deceased person so that his signature will be validated even though he is not present.

The following principles apply if three judges sit together to validate the authenticity of a legal document, two of them recognize the signatures of the witnesses and one of them does not. Before the judges sign the validation, the two witnesses who recognize the signatures may deliver testimony before the third judge. Then they may sign the validation, for witnesses may serve as judges in a matter that is a Rabbinic ordinance, as we explained.

If the two witnesses who recognize the signatures sign the validation before testifying, they may not testify in the presence of the third judge and have him sign. For at the time they signed, only those two recognized the signature of the witnesses. A legal document may be validated only when all three judges recognize the signatures or witnesses deliver testimony on the signatures before each one of them.

The following law applies when the two witnesses who signed on a legal document died and two others came and testified, saying: "This is their signature, but they signed under duress," "...they were minors," or "...they were unacceptable as witnesses." Even though there were other witnesses who testify with regard to their signatures or their signatures could be recognized from another legal document concerning which a protest was raised and afterwards, it was validated by the court, the legal document is not validated. Instead, the two witnesses who signed the document are balanced against the two who testified that they were unacceptable as witnesses, and the legal document may not be used to expropriate money.