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Steinsaltz

The mishna concludes: And as a result, the price of the nests stood that day at one-quarter of a silver dinar, as the demand for nests decreased. It is clear in the mishna that the term dinarei indicates a higher value than the term dinarin.

§ The mishna teaches: If it is written in the document above that someone owes one hundred dinars, and below it is written two hundred dinars, or if above it is written two hundred and below one hundred, everything follows the bottom amount. If so, why does one write the information in the upper part of the document at all? It is a safety measure, so that if one letter is erased from the lower part of the document, thereby rendering it illegible, the information can be learned from the upper part of the document. The Sages taught in a baraita (Tosefta 11:4): Information concerning what is written below may be learned from what is written above if the lower text is missing one letter, but not if it is missing two letters. In that case, in the event of a discrepancy between information written above and information written below, the document is not valid.

For example, if the name of one party is written as Ḥanan below and Ḥanani above, it may be derived from the word Ḥanani written above that the party is named Ḥanani. And similarly, if a name is written Anan below, it may be learned from the name Anani written above that the party is named Anani.

The Gemara asks: What is different about two letters missing, that the baraita teaches that the name written below cannot be corrected from the name written above? The Gemara suggests: It is out of concern that perhaps it will occur by chance that there is a four-letter name, and the omission of two letters would be half of the name, and for this reason the Sages extended this concern to all cases where two letters are missing. The Gemara challenges: If so, the same could be said when one letter is missing as well, as perhaps it will occur by chance that there is a two-letter name, and the omission of one letter would be half of the name.

The Gemara explains: Rather, this is the reason that when two letters are missing the name written below cannot be corrected from the name written above: The concern is that perhaps it will occur by chance that there is a three-letter name, and the omission of two letters would be a majority of the name. The Sages applied this concern to all cases where two letters are missing.

The Gemara continues to discuss discrepancies between the information written above and below in a document. Rav Pappa said: It is obvious to me that if a document states above that one owes a sefel, a type of cup, and below it states kefel, a type of garment, everything is determined by the information written below. In this case there is not a missing letter at the bottom but an altered letter. Therefore, the information written below is not corrected from the information written above.

Rav Pappa raises a dilemma: What if it is stated kefel above and sefel below? The difference between the two words is that the former begins with kuf, whereas the latter begins with samekh. The orthographical difference between these two letters is a single stroke that extends downward, as the omission of the extension of this stroke would change kuf into samekh. Rav Pappa’s dilemma is: Are we concerned for the possibility that a fly landed on the stroke of the kuf, removing the ink and changing it into samekh? Or are we not concerned with this possibility? The Gemara comments: The dilemma shall stand unresolved.

§ The Gemara relates: There was a certain document in which it was written that the amount due was six hundred and a dinar, without specifying to which denomination the six hundred amount referred. Rav Sherevya sent this question before Abaye: Does the holder of the document collect six hundred istira and a dinar? Istira is another name for a sela, which equals four dinars. Or is he perhaps entitled to collect only six hundred perutot and a dinar, a peruta being a small fraction of a dinar? Abaye said to him: Remove the possibility of six hundred perutot, since people do not write large numbers of perutot in a document, as they instead combine them into larger denominations

Talmud - Bavli - The William Davidson digital edition of the Koren No=C3=A9 Talmud
with commentary by Rabbi Adin Steinsaltz Even-Israel (CC-BY-NC 4.0)
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