POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 172
1) ARE WE CONCERNED LEST A DOCUMENT WAS DROPPED?
(a) (Mishnah): Two brothers, Reuven (who is rich) and Shimon
(who is poor) inherited a bathhouse and an olivepress:
1. If their father made them to rent out, they do so,
and share the income;
(b) If two men in a city have the same name (Yosef ben
Shimon), neither can use a document to claim money from
the other, no one can use a document to claim money from
either of them;
2. If the father made them for his own use, the
brothers use it themselves;
i. (If Shimon wants to rent them out (because he
has little use for them)), Reuven can refuse,
and say 'Go buy slaves and they can bathe, buy
olives and press them!'
1. If Levi found among his documents a note saying 'The
document of Yosef ben Shimon was paid' (and he does
not know which), he cannot collect a loan from
either of them.
(c) To avoid these problems, documents for them should
include the grandfather's name;
1. If their grandfathers had the same name, we add a
sign to distinguish them (e.g. the short Yosef ben
(d) (Gemara): A document came to Rav Huna's Beis Din, it said
'I, Ploni ben Almoni, borrowed 100 Zuz from you'.
2. If there is no sign to distinguish them, if one is a
Kohen, we use that for the sign.
(e) Version #1 (Rashbam) Rav Huna: 'From you' could even
mean 'from the Reish Galusa or Shevor Malka' (who
normally do not lend money - we are concerned that the
bearer of the document is not the lender, he cannot
(f) Version #2 (Tosfos) Rav Huna - Question: 'From you' -
could this even mean 'from the Reish Galusa or Shevor
Malka' (i.e. even one of them could collect), or is it
meaningless (and no one may collect)?
(g) (According to Tosfos - Answer) (Rabah - Beraisa - Aba
Sha'ul): If a Get has witnesses but no date, but it says
'I divorced you today', it is Kosher.
1. Inference: We assume that 'Today' means the day it
comes in front of us;
(h) Question (Abaye): Perhaps Aba Sha'ul holds like R.
Eliezer, who says that a document is empowered by the
witnesses that saw it given (therefore, the Get is Kosher
without any date), but here we are concerned that the
lender dropped it!
2. Likewise, 'From you' means the person holding it!
(i) Answer (Rabah): We are not concerned lest it was dropped.
(j) Question: What is his source that we are not concerned
lest it was dropped?
(k) Answer (Mishnah): If two men in a city have the same name
(Yosef ben Shimon), neither can use a document to claim
money from the other, no one can use a document to claim
money from either of them.
1. Inference: Either of them can use a document to
claim money from someone else.
(l) Rejection (Abaye): There, the only concern is that one
Yosef ben Shimon dropped it and the other found it - that
is unlikely, we are not concerned;
2. If we are concerned that a document was dropped,
neither of them should be able to collect (perhaps
the other dropped it)!
1. In Rav Huna's case, the document could have fallen
from anyone, we are concerned.