ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Bava Basra 40
BAVA BASRA 39 & 40 - dedicated by an admirer of the work of the Dafyomi
Advancement Forum, l'Iluy Nishmas Mrs. Gisela (Golda bas Reb Chaim Yitzchak
Ozer) Turkel, A"H.
(a) In the list issued by Rava Amar Rav Nachman, both Mecha'ah and Moda'ah
require two witnesses. 'Moda'ah' is - where Reuven is forced to sell or to
give away his belongings against his will. Therefore, in order to negate the
transaction retroactively, he first testifies in front of two witnesses that
he is being forced into it, and hereby negates it.
(b) When he says that in neither case, is it necessary to say 'Kesuvu', he
means - that once the owner has given his testimony, the witnesses write the
relevant Sh'tar automatically (without his express consent).
(c) The third item belongs together with the above two is - Kinyan (if
Reuven admits that he owes Shimon money, reinforcing his admission with a
Kinyan Sudar (Chalipin).
(d) Rava states all the three cases separately, as if they were three
different Halachos - because he learned them independently from Rav Nachman,
and as he learned each case, he added it to the list.
(a) He also issues the ruling 'Hoda'ah bi'Fenei Shenayim ve'Tzarich Lomar
Kesuvu', because Hoda'ah is a Chov (to his detriment). Despite the fact
that the debtor has admitted to owing the creditor money, writing a Sh'tar
is a disadvantage for him - because as long as the debt is an oral one, the
debtor is believed when he claims to have paid, which is not the case by a
(b) The sole case cited by Rava that requires three people and not two is
Kiyum Sh'taros - which the creditor normally initiates when he has reason to
suspect that the witnesses who signed on the Sh'tar are either about to
travel overseas, or are about to die. He then takes them to Beis-Din, where
they verify their signatures. Beis-Din then corroborate the Sh'tar in
writing and add their signatures. (This is also known as 'a Henpek').
(c) There where two Dayanim judged a case of money-matters - we normally
hold that although they are termed 'a Beis-Din Chatzuf' (an impudent
Beis-Din), their ruling is acceptable Bedieved.
(d) This does not however extend to Kiyum Sh'taros - where there are already
two witnesses, and another two witnesses signing resembles two witnesses
testifying that they heard testimony from two other witnesses ('Eid mi'Pi
Eid'), which is unacceptable.
(a) Rava had a problem with Rav Nachman's ruling regarding Kinyan. What
makes Kinyan appear to be a Ma'aseh Beis-Din is - the fact that as a result
of the Kinyan, money changes hands from Reuven to Shimon.
(b) The problem is - that, in that case, why will two people suffice, and
(c) Whereas if it is not a Ma'aseh Beis-Din, the problem is - that seeing as
the Kinyan is to Reuven's detriment, why do we write a Sh'tar without his
(d) Rava later concludes that Kinyan is not a Ma'aseh Beis-Din, and the
reason that we write the Sh'tar even without Reuven's consent is because of
the principle 'Stam Kinyan li'Chesivah Omed'. The logic behind this
principle is the fact - that Reuven followed his admission with a Kinyan
Sudar, a sign that he considered his obligation absolute (otherwise, he
would have delayed finalizing the issue until Shimon acquired the Metaltelin
with Kinyan Meshichah or the Karka with a Chazakah.
(a) If Reuven had not made a Kinyan - then the witnesses would be obligated
to obtain his consent before writing a Sh'tar ...
(b) ... even if he had specifically instructed the witnesses to write the
(a) Rabah and Rav Yosef qualified the Din of Moda'ah - confining it to there
where the man who is suspected of forcing the transaction, is someone who is
known not to adhere to Beis-Din's rulings.
(b) Abaye and Rava both ruled - that even against them, one would be
entitled to write a Sh'tar Moda'ah.
(c) The basis of the Machlokes is - that Rabah and Rav Yosef rely on the
fact that the claimant can take the suspect to Beis-Din, whereas Abaye and
Rava counter that there is not always a Beis-Din available.
(a) According to the Neherda'i, for the Sh'tar to be valid, one has to add -
'Anan Yad'inan Beih be'Unsa di'Pelanya'.
(b) The Neherda'i cannot be referring to Sh'tarei Gitin and Matanah, we
argue, because it is only a Giluy Milsa - 'a revelation of the truth',
without any personal bias. This is because since donor or the husband does
not stand to lose anything, it is obvious that his claim that he is being
forced, is genuine. Otherwise, if he wants to give the Get, why is he
making a Moda'ah, and if not, then why give it to her?
(c) The Chachamim issued a Takanah - that before giving his wife a Get, a
man is obligated to nullify all Moda'os.
(d) They also ruled that any Moda'os that are not the result of an O'nes are
not valid - provided the Get has not yet been written, but not if it has.
(a) Neither can they be referring to Sh'tarei Zevini (Mechirah) - because
Rava has already taught that we do not write a Moda'ah on a Sh'tar Mechirah.
(b) The reason for this ...
1. ... by Sadeh S'tam is - because we rule 'Talyuhu ve'Zavin Z'vineih
Zevini' (if someone is suspended on a tree until he sells one of his fields,
his sale is valid (because anyone who sells because he needs the money is an
O'nes, yet his sale is valid) and according to Rava, one only writes a a
Sh'tar Moda'ah when there is a genuine O'nes.
(c) Rav Huna disagrees with Rava in the case of Sadeh S'tam. According to
him - one may write a Moda'ah even when there is no genuine O'nes (see also
2. ... by Sadeh Zu - because then his sale is invalid anyway, and all he
needs to do is to bring witnesses that he was forced and Beis-Din will
negate the sale (see also Ritva).
(a) The Neherda'i are therefore referring to a case of a sale ...
(b) ... where Shimon the creditor threatens Reuven the debtor that, unless
he sells him the field that he is currently holding as a Mashkon, he will
hide the Sh'tar Mashkanta and claim that he bought it from him.
(c) The reason that this case is more eligible for a Moda'ah than the case
of Talyuhu ve'Zavin by Sadeh S'tam is - because, due to the fear caused by
Shimon's threat to claim that the field is his, which will cause him to lose
it completely, he agrees to sell it only to rid himself of the threat, and
not because he really wants to sell it.
(a) Bearing in mind that the witnesses must know about the O'nes, we have a
problem with the current case. The witnesses cannot know about the O'nes
through having heard Shimon's threats to Reuven - because then their
testimony would suffice to procure the field on behalf of Reuven, and a
Moda'ah would not be necessary.
(b) Rabeinu Chananel therefore establishes the case, starting with the fact
that, after informing the witnesses of Shimon's intentions, he then asked
Shimon for the return of the field in their presence, and he retorted that
he had purchased it (and had already eaten the fruit for three years). The
case continues - with Reuven approaching Shimon secretly, offering to sell
him the field (as per his original request), at which the latter asked the
former to write him a Sh'tar not in his presence (which is perfectly legal),
which he showed to the witnesses before writing a Moda'ah on the sale.
(c) The case ended when Reuven once again asked for the return of his field
in the presence of the witnesses, and Shimon produced the Sh'tar Mechirah
that Reuven had previously handed to him (rather than claim that he had a
Chazakah going back three years).
(d) The witnesses discovered that Reuven was an O'nes - when they saw Shimon
produce the recently dated Sh'tar to counter Reuven's claim (despite his
earlier claim that he had already purchased the field three years earlier.
(a) Rav Yehudah invalidates a Matnasah Temirtah, which, according to ...
1. ... the first Lashon, is - a Sh'tar Matanah which the benefactor asks the
witnesses to hide.
(b) The difference between the two Leshonos is - in a case where he asked
the witnesses without mentioning either (which is valid according to the
first Lashon, but invalid, according to the second.
2. ... the second Lashon is - a Sh'tar Matanah which the benefactor does not
ask the witnesses to write in a public place.
(c) We reject Rabeinu Chananel's version of the second Lashon ('a Sh'tar
Matanah which the donor specifically asks the witnesses not to write in a
public place'), on the grounds - that the given difference between the two
Leshonos would then not make sense (since either way, if he had been silent,
the Sh'tar would be valid).
(a) When Rava said, with regard to the previous case, that it serves as a
Moda'ah for 'its friend', he means - that should he subsequently donate the
same gift to someone else, then the Sh'tar Matnasa will serve as a Moda'ah
for that Matanah, and negate it.
(b) And when Rav Papa said that Rava did not really say that but that we
imply it from his ruling in a case that came before him, this implies - that
the implication is incorrect (as we shall now see).
(c) When Reuven asked Sarah to marry him, she accepted only on condition -
that he write her all his property.
(d) When, after Reuven accepted and wrote her a document to that effect, his
oldest son complained, he told witnesses to go and hide in Eiver Yemina and
write a predated document, giving all his property to his oldest son.
(a) When the case was brought before Rava, he granted the property to
neither of them, the one, because it was a Matanah Temirta, and the other,
we initially think, because a Matanah Temirta is a Moda'ah for any
(b) However, Rav Papa concludes that is not a general ruling that we can
extrapolate from Rava to be applied in other cases. In fact, it is confined
to this case - because Reuven was an O'nes, forced into making this move by
the woman's stipulation.
(c) In the case of a regular Matnasa Temirta, Rava will hold - that the
first Sh'tar (the Matnasa Temirta) is not valid, whereas the second, which
he gave wholeheartedly, is.
(a) We ask what the Din will be by S'tam (in the case of Matnasa Temirta).
We cannot be asking whether perhaps, even though a Matnasa Temirta is not a
Moda'ah for its friend, maybe a Matanah that is given S'tam is - because
according to the Lashon cited above that invalidates a Matanah S'tam, that
is Matanah Temirta (and the She'eilah would then make no sense).
(b) The She'eilah is - simply which of the two Leshonos (regarding S'tam
Matanah) cited above do we accept.
(c) Ravina validates it. Rav Ashi says 'Lo'Chayshinan', by which he
effectively means that it remains a Safek, and wherever the money is, it
remains (i.e. the beneficiary cannot claim with the Sh'tar. In the event
that he did however, the donor cannot claim it back).
(d) The Halachah is - 'Chayshinan', in which case one should be careful to
insert in the Sh'tar that the donor gave instructions to 'write it in the
main street and sign it