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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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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!


(a) The full Beraisa (cited earlier by Rav Nachman) citing Rebbi Yehudah, speaks about Reuven who pays Shimon five hundred Zuz out of his thousand Zuz debt.
What does Rebbi Yehudah rule there?

(b) What are the two reasons Rebbi Yossi gives for writing a receipt?

(c) Why did Rebbi Yossi find it necessary to add the second reason, seeing as Rebbi Yehudah says exactly the same?

(d) So what did he really mean to say when he gave the two reasons?

(a) What does Rebbi Yehudah say in a Beraisa about a Sh'tar which contains a date from the sun-year, which turns out to be a Shabbos or Yom Kipur?

(b) In any event, the Sh'tar cannot have been written on the given day. What other alternative is there?

(c) It is clear from a Sugya in Makos that we consider the Sh'tar to be Me'uchar, rather than Mukdam.
What other proof do we bring from 'Kiyum Sh'taros'?

(d) The basis for this ruling is a statement by Resh Lakish.
What does Resh Lakish say about witnesses that signed on a Sh'tar?

(a) Rebbi Yossi says Pasul.
What did he reply when Rebbi Yehudah queried him from a similar Sh'tar which came before him in Tzipori, and which he declared Kasher?

(b) So how does Rebbi P'das establish their Machlokes?

(c) On what grounds does Rebbi Yossi differentiate between the two kinds of Sh'tar? Why is ...

  1. ... the former Pasul?
  2. ... the latter then Kasher?
(d) Is there any difference acording to Rebbi Yossi between a case where the debtor paid half his debt (as we discussed earlier) and a case where the creditor lost his Sh'tar?
4) What does Rebbi Yehudah say about a Sh'tar Me'uchar?

Answers to questions



(a) On what grounds does Rav Huna B'rei de'Rav Yehoshua attempt to restrict Rebbi Yossi's Din ('Kosvin Shover') to where the debtor paid half.
Why should it not apply equally even to a case where he lost his Sh'tar?

(b) And we prove this from a second episode where Rav Yitzchak bar Yosef lent Rebbi Aba money.
When the former claimed to have lost the Sh'tar, and volunteered to write a receipt, the latter quoted Rav and Shmuel.
What do they rule regarding the Din of writing a Shover?

(a) Rav Yitzchak bar Yosef countered Rebbe Aba with the words 'Ma'an Yahiv Lan me'Afra de'Rav u'Shmuel Raminan be'Aynin'.
What does this mean?

(b) What was Rav Yitzchak's counter-argument ?

(c) Ravin Amar Rebbi Ila'a too holds 'Kosvin Shover'. And we conclude the Sugya with the argument and counter argument why each one should not have to look after the Sh'tar.
What is Rava's final word? Why does he hold 'Kosvin Shover'?

(a) We learned in the Mishnah in Shevi'is 'Sh'tarei-Chov ha'Mukdamin Pesulin, ve'ha'Me'ucharin Kesheirin'. The Reisha speaks about a case where the creditor pre-dated the Sh'tar.
Which case of Mukdamin is subject to a Machlokes Amora'im in Bava Metzi'a?

(b) Why does Abaye consider such a Sh'tar Mukdam Kasher?

(c) On what basis does Rav Hamnuna confine this to a Sh'tar-Chov? Why is a Sh'tar Mekach u'Memkar Me'uchar, Pasul?

(d) Then why is a Sh'tar-Chov Me'uchar not Pasul for the same reason? Who is then the author of the Mishnah in Shevi'is?

(a) Later, it became customary to write Sh'tarei-Chov Me'ucharin, even though they would write a Shover.
Rav Yeimar (or Yirmiyah mi'Difti) attributed this to a statement by Rebbi Aba. What did Rebbi Aba instruct his Sofer to write in their Sh'tarei-Chov Me'ucharin?

(b) Rav Ashi reconciled a later Minhag still, where they used to write a receipt, with the fact that they would nevertheless validate a Sh'tar Me'uchar, even without conforming with Rebbi Aba, by citing Rav Safra. What did Rav Safra instruct his Sofer to do with regard to the writing of a receipt for a Sh'tar Me'uchar?

(c) What is the creditor therefore advised not to do?

(d) What did Rav Ashi tell Ravina (or Rav Kahana, Rav Ashi) when he asked him why even that advice was not being adhered to?

Answers to questions

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