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23.9.22

 i have been pondering a difficult section in the Avi Ezri of Rav Shach that brings a question of Reb Chaim of Brisk. The issue is a courier brings a divorce doc and says, "In front me it was written and in front    of me one witness signed." Rav Huna said either all in validation of the doc or all by the decree of the sages [that said he has to have seen both witnesses signing.] Reb Chaim of Brisk asks that  we see in Bava Batra pg 165 that one witness verbally and one in writing is considered a valid validation of the doc. [So what is the objection of Rav Huna? after all, it has been validated. ]Rav Shach brings a Ran [Rabbainu Nisim] that says one witness verbally and one in writing is considered a valid validation only when it does not concern laws that involve felonies that result in physical punishment. It applies only in cases of monetary disputes .