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Bava Basra Chart #11

Bava Basra Daf 162a-163b

A SHTAR THAT HAS BLANK LINES AT THE END
  (A)
BEFORE THE
SIGNATURES OF
THE WITNESSES		 (B)
BEFORE THE "ASHARTA"
1) ONE BLANK LINE(1) Valid(2) R. Yochanan: Not valid(3)
Rav : Valid, if it is smeared with ink(4)
2) TWO OR MORE BLANK LINES(5) Not valid(6) R. Yochanan: Not Valid(7)
Rav : Valid, if it is smeared with ink(8)
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FOOTNOTES:
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 (1) The Gemara explains that this does not literally mean one line, but rather anything less than two lines, such as a line and a half (162b). The word "line" here refers not merely to the space in which the letters are written, but it includes the space above the letters (i.e. between the lines) as well (163a).
(2) The Shtar is valid because of the rule that we disregard anything that is written in the last line of the Shtar (since the witnesses are not able to sign so perfectly as not to leave any space between the text of the Shtar and their signatures). Hence, if the bearer of the Shtar forges additional words in the last line, we disregard them.
(3) According to the RASHBAM (163b, DH Ela), Rebbi Yochanan invalidates such a Shtar even when the blank line is smeared with ink. Rebbi Yochanan maintains that we are concerned that the bearer of the Shtar will cut off the upper part of the Shtar, including the text of the Shtar and the signatures of the witnesses (and use that section by itself to collect from the debtor once), *and* he will erase the ink smudge on the remaining portion of the Shtar and forge, on one line, the text of a new Shtar and the signatures of witnesses. He will then use this forged document to collect unlawfully from the debtor based on the Asharta of Beis Din that is below the one-line Shtar (see Tosfos Rid).
According to the first answer of TOSFOS (DH Shtar), Rebbi Yochanan invalidates a Shtar with ink smudges in the empty line before the Asharta for a different reason -- because he maintains that Beis Din would give their stamp of confirmation even to an ink smudge (in contrast to the view of Rav on 163a). (According to the second and third answers of Tosfos, Rebbi Yochanan invalidates a Shtar with a blank line before the Asharta only in a case where the blank line is *not* smudged with ink.)
In either case, Rebbi Yochanan invalidates only the *Asharta* of the Shtar, but the Shtar itself remains valid (as the ROSH (10:4) as SHULCHAN ARUCH rule).
(4) Rav validates such a Shtar only when the blank line is filled with ink smudges so that the bearer of the Shtar cannot write in his own forged text and forge the signatures of witnesses on the same line. If the blank line is not filled with ink smudges, the Asharta is Pasul even according to Rav. (According to the last answer of Tosfos (DH Shtar), Rav validates a Shtar with a blank line before the Asharta even when it is *not* smeared with ink, since he maintains that if a one-line Shtar is written in that line the Asharta will be ignored.)
(5) It is possible to make such a Shtar valid by filling up the empty space with the signatures of additional witnesses -- even witnesses who are related to him or who are otherwise Pasul to testify (162b, Rashbam).
(6) The Shtar is invalid because we are concerned that the bearer of the Shtar will write an additional two lines of text. Although we will disregard the last line of the Shtar, we will give credence to the first of the two lines since it is not the last line. Even if he smears the two lines with ink, the Shtar is invalid, because we are concerned that the witnesses signed in attestation to the ink smudge, and not to the text written above it (163a).
(7) See above, footnote #3.
(8) The Shtar is valid according to Rav because he holds that Beis Din would never give their confirmation to an ink smudge (163a), and thus their Asharta must be on the text of the Shtar and the signatures of the witnesses. We are not afraid that perhaps the bearer of the Shtar will erase the ink smudge and forge the text of a Shtar and its witnesses, because if the Shtar and its witnesses are inscribed over an erasure, we do not uphold the Shtar based on the Asharta but rather based on the witnesses (TOSFOS DH Shtar). If the empty lines are not smeared with ink, then the Shtar is Pasul, as mentioned above in footnote #6.

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