(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

Previous daf

Bava Basra 168


(a) We learned in our Mishnah that the husband pays for the Get. The source for this is a Pasuk in Ki Seitzei.
Which Pasuk?

(b) Why is it then, that nowadays, it is the woman who pays the Sofer.
What were Chazal worried about (to institute such a Takanah?

(c) According to some texts (see Rabeinu Gershom), we ask why the man pays for the receipt and not the woman.
What do we answer?

(d) On what grounds do we nevertheless reject this text?

(a) We also learned that it is the borrower and the purchaser who pay the Sofer.
Is that not obvious? In which case is the Tana speaking when he finds it necessary to rule that ...
  1. ... the borrower pays the Sofer's fees?
  2. ... the purchaser pays?
(b) Similarly, in which case must he be speaking in order to teach us that both parties must pay the Sofer in the case of ...
  1. ... Sh'tarei Erusin?
  2. ... Sh'tar Arisus ve'Kablanus?
(c) And the same applies to Sh'tarei Birurin, which we initially interpret as Sh'tarei Ta'anasa.
What are 'Sh'tarei Ta'anasa'?

(d) How does Rebbi Yirmiyah bar Aba interpret it?

(a) According to Raban Shimon ben Gamliel in our Mishnah, in the case of Sh'tarei Birurin, each litigant is entitled to his own Sh'tar, whereas the Rabbanan make do with one. We suggest that they argue over 'Kofin Oso al Midas S'dom'.
What is 'Midas S'dom'?

(b) How will that explain our Machlokes Tana'im?

(c) We reject this suggestion however, concluding that everyone agrees on principle that 'Kofin Oso al Midas S'dom'.
In that case, what is Raban Shimon ben Gamliel's reason for requiring two Sh'taros?

(a) Our Mishnah discusses a case where the debtor paid part of his debt and the Sh'tar was then handed to a third party for safekeeping.
What did the debtor stipulate?

(b) What did they stand to gain by giving the Sh'tar to a third party? What alternative did they have?

(a) Rebbi Yossi and Rebbi Yehudah argue over the Halachah should the specified time arrive and the debtor has not paid. Rebbi Yossi says 'Yiten', because he holds 'Asmachta Kanya'.
What does 'Asmachta' mean?

(b) What does Rebbi Yehudah hold?

(c) Rav Nachman ... Amar Rav rules like Rebbi Yossi.
On what grounds does Rebbi Ami rule like that too?

(d) How do we in fact, rule?

(a) What does our Mishnah require a creditor to do if his Sh'tar became erased through an O'nes?

(b) Which date do they write on the Sh'tar?

(c) What is the final item on the new Sh'tar?

(d) In which case, will the creditor be permitted to claim with this Sh'tar without having to bring any further proof?

Answers to questions



(a) The Beraisa continues 'Nikra Pasul, Niskara Kasher'.
What is the difference between the two terms?

(b) What does the Tana say about a Sh'tar that is erased or smudged?

(c) Rav Yehudah confines 'Nikra' to a tear of Beis-Din, which Rav Yehudah defines as the part of the Sh'tar that contains the witnesses signatures, the date and the Toref.
What does Abaye say?

(a) Some Arabs entered Pumbedisa and proceeded to help themselves to people's lands, forcing the landowners to hand over their deeds of sale together with the field. How did the latter expect Abaye to help them?

(b) In reply, Abaye quoted Rav Safra.
What did Rav Safra say about writing two documents of sale on one piece of land? What was he concerned about?

(a) When the landowners persisted, what ruse did Abaye employ to get rid of them? What did he instruct his Sofer to do?

(b) Rav Acha bar Minyumi queried Abaye from the Beraisa that we just quoted 'Nimchak O Nitashtesh, Im Rishumo Nikar, Kasher'?
What did Rav Acha think he meant?

(c) What was Abaye's reply?

(a) What does the Beraisa say about someone who claims that he lost his Sh'tar, and witnesses attest to having written it, signed it and given it to him?

(b) Under which circumstances would it be permitted?

(c) What is the reason for this stringency?

(d) Why will the above stringency not apply in the case of a *purchaser* who claims that he lost his Sh'tar?

(a) What would we not include in a Sh'tar Mekach which the purchaser claims to have lost and which is being re-written?

(b) Raban Shimon ben Gamliel disagrees.
On what basis does he extend the stringency of Sh'tarei-Chov to Sh'tarei Mekach u'Memkar What is the underlying principle behind it?

(c) What do the Chachamim hold?

Answers to questions

Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,