Legal query or responsum: T-S NS 100.35

Description

A legal query with responsum regarding contradiction between two testimonies, sent to Yehuda b. Yosef ha-Kohen Rosh ha-Seder (also known as 'ha-Rav'). Qayrawān, 11th century. A business dispute between two partners leads one of the parties to write a bill of release in front of two witnesses, approved by the court. The witnesses approved their signatures but didn't mention anything regarding the content of the bill of release. According to Jewish law, if the writer of the bill will bring another testimony that supports his claims, it is void. Sometime later the writer of the bill brought another deed with the testimony of the two former witnesses, and this deed contains a condition that make him void. There are few problematic issues in the deed: 1. The same witnesses testify in both deeds; 2. the dates of both deeds are identical, but in both the court approval is later to the time of testimony. . After a long halakhic discussion the Rav ruled that the bill of release is accepted .