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Kollel Iyun Hadaf, Jerusalem

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Bava Basra 172


(a) Rabah bar Rav Shiloh gave instructions to Sofrim who used to write Sh'tar Akneyasa. This might refer to Sh'tarei Matanah which do not contain Acharayus.
What else might it refer to?

(b) What instructions did he give them? How should they date the Sh'tar, assuming they did not know the date on which the Kinyan took place?

(c) Why is it preferable to write the date on which the Kinyan took place?

(a) Why can Rabah bar Rav Shiloh not have been talking about Sh'tarei-Chov?
What would he have ruled there?

(b) Why is it not also a Sh'tar Mukdam in the case of a Sh'tar Mechirah?

(c) Why is a Sh'tar that is written in the day and signed at night Pasul?

(d) Rabeinu Chananel disagrees with this. What does he learn from the Din of Rabah bar Rav Shiloh regarding a Sh'tar that is written on the day that the Kinyan takes place, but signed only later?

(a) Which Sh'tar would be Kasher if it was written by day but signed at night, according to Rebbi Shimon?

(b) What did Rav and Rav Huna instruct their respective Sofrim to do in a case where they wrote a Sh'tar in Shili, that they were commissioned to write in Hini, or vice-versa? What kind of Sh'tar were they referring to?

(c) What is the reason for this ruling?

(a) Rava rules that if either the debtor or the creditor wants a Sh'tar of a hundred Zuz to be converted into two of fifty, we will not let them.
On what grounds will we stop ...
  1. ... the debtor from doing so?
  2. ... the creditor?
(b) Will the reverse then be permitted? Will we allow two Sh'taros of fifty to be converted into one a hundred?

(c) Rav Ashi rules that if a creditor, claiming that the debtor has paid half his debt of a hundred Zuz, asks for a new Sh'tar of fifty, and to tear the old one, we do not comply with his request.
Why not?

(a) What does our Mishnah rule in a case where two brothers, one rich and one poor, inherit a bathhouse or an oil-press that their father used to rent out?

(b) What is the problem in a case where he tended to use them for his own personal use? What does the poor brother then request?

(c) What can the rich brother reply?

(d) Why do we not apply the principle 'Gud O Agud', offering each one the opportunity to buy the other one out (either you take it and pay me half, or I will take it and pay you half), like we learned in the first Perek with regard to a shared Chatzer which is too small to divide?

(a) Our Mishnah rules that two Yosef ben Shimons who reside in the same town cannot produce a Sh'tar-Chov against each other.
Why not?

(b) And why can someone else not produce a Sh'tar-Chov against them?

(c) Can they produce a Sh'tar-Chov against someone else?

(d) What happens if someone finds a receipt stating that Yosef ben Shimon has paid?

(a) How does one avoid all the above problems? How can both Yosef ben Shimons function regularly in the business world?

(b) And what do they do if ...

  1. ... their grandfathers shared the same name, too (perhaps they were cousins)?
  2. ... they even share the same distinguishing marks, too?
Answers to questions



(a) A Sh'tar came before Rav Huna in which was written "Ani P'loni bar P'loni, Lavisi Manah Mimcha'. Rav Huna ruled 'Mimcha, Afilu me'Resh Galusa, va'Afilu mi'Shavur Malka'.
What did he mean by that?

(b) How do we know that he did not mean to validate the Sh'tar, and to permit the person holding the Sh'tar to claim with it?

(c) What would we otherwise gain by learning this way?

(d) What did Rav Chisda tell Rabah to do?

(a) Rabah discovered a Beraisa. What is normally the Din regarding a Get without a date?

(b) What does Aba Shaul say about a Get with witnesses, which states 'Gerashtihah Ha'yom'?

(c) What is the connection between Aba Shaul and our current case? What did Rabah prove from there?

(a) Abaye asked Rabah whether Aba Shaul's reason might not be because he follows the opinion of Rebbi Elazar.
What does Rebbi Elazar say?

(b) Why will that vindicate Rav Huna, who invalidates the Sh'tar in the previous case? Why might it well be Pasul?

(c) If Aba Shaul holds like Rebbi Elazar, why does he require 'Gerashtihah Ha'yom' in the Get?

(d) According to Rebbi Elazar, why does one write a date in the Get at all?

(a) In reply to Abaye's Kashya, Rabah cites our Mishnah.
How does he infer from the Din of two Yosef ben Shimon's claiming from each other or others claiming from them, that we are not afraid of a Sh'tar having been lost?

(b) On what grounds does Abaye, who does suspect that a Sh'tar may have been lost, nevertheless refute Rabah's proof? Why might the case in our Mishnah be different?

(c) Rabeinu Chananel explains Abaye's answer from the point of view of the loser.
What is Abaye saying according to him?

Answers to questions

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