Study Gittin folio 33A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
פלוני ופלוני הדיינין שבמקום פלוני״.
so-and-so and so-and-so the judges, in such and such a place, in order that I will collect any debt that I am owed by so-and-so whenever I wish. Despite the fact that the prosbol mentions only two people, it nevertheless refers to them as judges, in accordance with the statement of Rav Naḥman.
ורב ששת – אטו תנא כי רוכלא ליחשיב וליזיל?!
And Rav Sheshet would respond to this: Is that to say that the tanna should have continued counting judges like a peddler? The tanna twice used the expression so-and-so because he wished to note that one should mention the judges’ names; he did not intend to teach anything about the number of judges.
אמר רב נחמן: מנא אמינא לה? דתנן: הדיינים חותמין למטה, או העדים. מאי, לאו דיינים דומיא דעדים – מה עדים שנים, אף דיינים נמי שנים? ורב ששת – מידי איריא?! הא כדאיתא, והא כדאיתא.
Rav Naḥman said: From where do I say that two judges are also considered a court? As we learned in a Mishnah with regard to a prosbol (Shevi’it 10:4): The judges sign below the text of the prosbol, or the witnesses do so. What, is it not possible to deduce: The Mishnah means that judges are similar to witnesses? Just as there are two witnesses, so too, there are also two judges. And Rav Sheshet would respond to this: Are the cases comparable? This case of the judges is as it is, and that case of the witnesses is as it is, each one with its respective requirement of 3 or two members.
למה לי למיתנא דיינים, למה לי למיתנא עדים? הא קא משמע לן, דלא שנא כתוב בלשון דיינים וחתמי עדים, ולא שנא כתוב בלשון עדים וחתמי דיינים.
The Talmud asks with regard to the Mishnah in Shevi’it: Why do I need the tanna to teach that it can be signed by judges, and why do I need him to teach that it can be signed by witnesses as well? Why is it necessary to mention both? The Talmud answers: This teaches us that there is no difference if the prosbol is written in the terminology of judges and witnesses sign it, and there is no difference if it is written in the terminology of witnesses and judges sign it. What is important is that the prosbol was written and then signed by the court, and the precise wording is not important.