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Bava Basra 171

BAVA BASRA 171 (Rosh Hashanah) - dedicated in honor of the birth of a baby boy to Harav Elimelech Kornfeld (of the Gra Shul, Ramat Beit Shemesh). Mazel Tov - may he and his wife raise the new addition l'Torah l'Chupah ul'Ma'asim Tovim!

1) [line 1] ALIMEI - they are strong [enough]
2) [line 1] L'AFKU'EI MAMONA - to extract money (this refers to the ability of Beis Din to empower a creditor to seize the property of his debtor that was sold to purchasers *after* the date of the loan, but *before* the new Shtar was written. This ability is based on the principle of "Hefker Beis Din Hefker;" see Background to Gitin 36:29. Normally, a Shtar only creates a "Shi'abud" (lien) on the debtor's property from the time that it is written.)

3) [line 2] CHOZRIN V'OSIN SHELICHUSAN?! - can they go back and perform their assignment again?! (They already testified about the loan and wrote a Shtar to attest to it, making the debtor's property Meshu'abad to the loan; they cannot go back and write another Shtar at a later time to attest to that same loan.)

4) [line 6] MAI BERAISA? - What is the Beraisa (mentioned on 170b as a challenge to the statement of Rav)?

5) [line 7] SHE'HAYU NOSHIN BO - who had loaned money to him
6) [line 15] PELIGNA ALACH B'CHADA - I argue with you in one respect (i.e. that we wrote a receipt for the borrower and do not write a new Shtar for the lender)

7) [line 18] SHTAR ME'UCHAR HU - it is a post-dated loan document (i.e. the date written in the document is later than the date on which the document was actually signed). Such a document is valid because the bearer of the document (i.e. the lender) may use it only to collect from property that the borrower sold to buyers *after* that date, even though the loan occurred before it.

8) [line 20] TZIPORI - a city in the lower Galilee, approximately midway between Tiberias and Haifa

9) [line 21] B'ZEH - in this case (i.e. the case of a Shtar which has a date that coincides with Shabbos or Yom Kipur)

10) [line 23] HUZKAKNU L'ONASO SHEL SHTAR - if we scrutinized the date of the Shtar


11) [line 3] V'LO NAFIK MINEI CHURVA - and [thus] no damage (or destruction) will result from it. Since we do not write a receipt for the borrower, the borrower is not required to repay the loan to the lender unless the lender returns the Shtar to him. Hence, if the Shtar is post-dated, there is no concern that the lender will use it again to unlawfully collect the loan a second time. If, however, we write a receipt for the borrower when he repays the loan (as Rebbi Yosi maintains), then the lender can claim that he lost the Shtar, give a receipt to the borrower, and then come back with the post-dated Shtar later (after its date has passed) and collect with it (and the receipt does not prove that he paid back the loan, since the date written in the receipt is an earlier date, the date on which the borrower repaid the loan).

12) [line 6] A'PALGA - on half (i.e. when only half, or a part, of the loan is repaid do we write a receipt and not require that the Shtar be returned to the borrower)

13) [line 11] IRKAS LI - I lost it
14) [line 14] ME'AFREI - [who will give to us] from the dust [from the graves of Rav and Shmuel (so that we could fill our eyes with it as an expression of love and affection)! (ARUCH Erech Afar)]

15) [line 14] RAMINAN B'EININ - we would throw it into our eyes (i.e. Rav and Shmuel are indeed great and their opinion carries weight)

16) [line 16] YOCHAL HALAH V'CHADEI?! - This one should eat (the other person's money) and be happy?!

17) [line 18] "[ASHIR B'RASHIM YIMSHOL, V']EVED LOVEH L'ISH MALVEH." - "[The wealthy will rule over the impoverished, and] a borrower is a servant to the lender." (Mishlei 22:7)

18) [line 18] SHTAREI CHOV HA'MUKDAMIM PESULIN - pre-dated loan documents (i.e. the date written in the document precedes the date on which the document was actually signed) are invalid. The reason they are invalid is because the document asserts that the loan occurred on an earlier date than it actually occurred, thus entitling the bearer of the document (i.e. the lender) to collect from property that the borrower sold to buyers *after* that date. Since the loan did not actually occur until later, though, the lender would be unlawfully collecting the property from buyers who bought property between the date recorded in the Shtar and the actual date of the loan.

19) [line 21] U'MISRAMI LEI ZUZEI BEINI BEINI V'ZAVIN LEI MINEI - and he will unexpectedly obtain (lit. chance upon) some money in the interim (i.e. before the date written in the post-dated deed of sale), and he will buy it (his field) back from him

20) [line 22] HADAR ZAVANTAH MINACH - I then bought it from you again
21) [line 25] HASHTA HU D'YAZAFT MINA'I - it is now that you borrowed [money] from me

22) [line 27] BASAR D'AMAR LEHU - [we do this because it is] after he said to them
23) [line 28] KI CHASVISU - when you write
24) [line 29] ACHARNUHU - we post-dated it (lit. we made it later)
25) [line 30] TAVREI - receipts
26) [line 31] YAD'ISU - if you know; alt. Girsa *IDKARTUN* - if it is mentioned in the Shtar (RASHBAM, DIKDUKEI SOFRIM #6)

27) [line 31] KISVU - write it (the date written in the Shtar)
28) [line 31] KISVU STAMA - write it ambiguously (i.e. do not write a date in it)

29) [last line] LIR'EI - it will harm it (and the lender will not be able to collect with *any* Shtar Chov in which is written the same amount as written in the receipt)

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