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 175
1) DO WE BELIEVE A DYING PERSON?
(a) (Rav Huna): If a dying person was Makdish all his
property, and said '100 Zuz in my possession really
belongs to Ploni', he is believed - there is a Chazakah,
people do not scheme to cheat Hekdesh.
2) LIABILITY OF AN AREV
(b) Objection (Rav Nachman): Do people scheme to cheat their
1. (Rav and Shmuel): If a dying person said '100 Zuz in
my possession really belongs to Ploni' - we only
give to Ploni if he said 'Give it to Ploni'.
(c) Answer: Rav Huna discusses when Ploni has a document
(therefore, we believe that he is owed).
2. (This is not a scheme to cheat his children,
rather,) the reason is, a person does not want
people to think that his children are wealthy, so we
suspect that he is lying;
3. Likewise, when he was Makdish, we should be
concerned that he did not have Ploni's money, he did
not want people to think that he himself is wealthy!
(d) Inference: Rav and Shmuel's law is when Ploni does not
have a document.
(e) Objection: When he says 'Give', why do we give - this is
a loan without a document!
1. (Rav and Shmuel): A loan without a document is not
collected from heirs or buyers.
(f) (Rav Nachman): Rather, also Rav and Shmuel's law is when
Ploni has a document;
1. Rav Huna discusses a validated document, Rav and
Shmuel discuss a document that is not validated;
(g) (Rabah): If a dying person said '100 Zuz in my possession
really belongs to Ploni', and his orphans say 'We paid
Ploni', they are believed;
i. If he says 'Give', this is like validating the
document; if he did not say 'Give', he did not
validate the document.
1. If he said 'Give 100 Zuz to Ploni', and his orphans
say 'We paid Ploni', they are not believed.
(h) Question: Just the contrary! When he says 'Give', the
matter is clear, it is more likely that they paid;
1. When he says '100 Zuz in my possession belongs to
Ploni', the matter is not clear, it is less likely
that they paid!
(i) Correction: Rather, if a dying person said '100 Zuz in my
possession belongs to Ploni', and his orphans say 'He
later told us that he paid Ploni', they are believed;
1. Question: What is the reason?
(j) Question (Rava): If a dying person admitted (to a
creditor who claimed from him), what is the law?
2. Answer: Later, he remembered that he had paid.
3. If he said 'Give 100 Zuz to Ploni', and his orphans
say 'He later told us that he paid Ploni', they are
i. Had he paid, he would not have said 'Give'
(which shows certainty that he owes).
1. Must he say 'You are witnesses (that I really owe
(k) Answer (Rava): A person does not jest at the time of
death; what a dying person says takes effect like a
document that was handed over.
2. Must he say 'You may write a document'?
3. Do we say that a person jests at the time of death,
(a) (Mishnah): If Reuven lent Shimon and wrote a document, he
can collect even from property sold (after the loan);
1. A Milveh Al Peh (he did not write a document) is
collected only from unsold property.
3) WHAT CREATES A LIEN?
2. If Reuven presents a document (without signatures)
in Shimon's handwriting saying that Shimon owes him,
he collects from unsold property.
(b) If an Arev accepted Arvus in a document underneath the
signatures, the lender can collect from unsold property
(of the Arev).
(c) A case occurred, R. Yishmael said that he collect from
(d) Ben Nanas: He does not collect at all!
(e) R. Yishmael: Why not?
(f) Ben Nanas: If Reuven saw Shimon (the lender) choking the
borrower, and said 'Leave him alone, I will give you',
Reuven is exempt, for Shimon did not lend on account of
1. An Arev is liable if he said 'Lend him, and I will
give you', the loan was given on account of the
(g) R. Yishmael: To become a Chacham, one should study
monetary laws, it is the greatest field in Torah;
1. To learn monetary laws, one should study under Ben
(a) (Gemara - Ula): Mid'Oraisa, whether or not a document was
written for a loan, the lender collects from sold
1. This is because mid'Oraisa, a loan creates a lien
(on property, a sale does not uproot the lien);
(b) (Rabah): Mid'Oraisa, whether or not a document was
written, the lender does not collect from sold property.
2. Chachamim enacted that a Milveh Al Peh is not
collected from sold property to protect buyers from
3. Question: If so, they should have enacted also that
a loan with a document is not collected from sold
property to protect buyers!
4. Answer: There (when witnesses signed a document, the
matter becomes known, a buyer will find out about
the loan if he asks; if he did not do so,) he caused
his own loss.
1. Mid'Oraisa, a loan does not create a lien;
(c) Contradiction: But Rabah taught, if brothers collected
land as payment for a debt due to their father, the
firstborn gets a double share in this; if they collected
money, he gets no extra share.
2. Chachamim enacted that a loan document is collected
from sold property on account of Ne'ilas Delet (lest
people will not want to lend).
3. Question: If so, they should have enacted also that
a Milveh Al Peh is collected from sold property!
4. Answer: There, the loan does not become known
(buyers cannot find out about the loan, they will
1. Suggestion: We must switch the opinions of Ula and
(d) Answer: Rather, Rabah taught according to Chachamim of
Eretz Yisrael, he disagrees.
2. Rejection: Ula taught, mid'Oraisa, a creditor
collects Ziburis (low quality land) (Rashbam - from
the borrower - this shows that there is a lien on
his land; Tosfos - all agree that mid'Oraisa, a
lender collects from the borrower's property;
perhaps the Gemara understands that Ula says that
mid'Oraisa he collects Ziburis from buyers).
(e) (Rav and Shmuel): A Milveh Al Peh is not collected from
heirs or buyers.
(f) Question: What is the reason?
(g) Answer: Mid'Oraisa, a loan does not create a lien.
(h) (R. Yochanan and Reish Lakish): A Milveh Al Peh is
collected from heirs and buyers.
(i) Question: What is the reason?
(j) Answer: Mid'Oraisa, a loan creates a lien.
(k) Question (against Rav and Shmuel - Beraisa): If Reuven
was digging a pit in the public domain and an animal fell
on him and killed him, the owner is exempt;
1. Moreover, if the animal died, Reuven's heirs
compensate its owner.
(l) Answer (R. Ila'a citing Rav): The case is, Reuven died
after Beis Din obligated him to pay (which is like a loan
document, therefore the heirs must pay).
(m) Question: But the Beraisa says that the animal killed
(n) Answer (Rav Ada bar Ahavah): The case is, it made Reuven
(o) Question: But Rav Nachman taught, the animal buried
Reuven in the pit (i.e. he never went to Beis Din)!
(p) Answer: The case is, judges were sitting by the pit and
obligated Reuven before he died.
(q) (Rav Papa): The Halachah is, a Milveh Al Peh is collected
from heirs, but not from buyers.
1. It is collected from heirs, on account of Ne'ilas
2. It is not collected from buyers, because it does not