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Bava Metzia 20

BAVA METZIA 20 (27 Kislev) - today's Daf dedicated l'Iluy Nishmas Eliyahu ben Shmuel Moshe, by his granddaughter, Libi Feinberg.


(a) (Beraisa): One who finds a receipt (for payment of Leah's Kesuvah) - if she admits, he returns it to her husband; if not, he does not return it to either of them.
(b) Question: When she agrees, why do we give it to him - perhaps it was not given until after the date written!
1. If she sold (the rights to collect) her Kesuvah (if she will be widowed or divorced) in the interim, her husband might use the receipt to make us believe that he already paid the Kesuvah!
(c) Answer #1 (Rava): We must say as Shmuel.
1. (Shmuel): Reuven sold a loan document to Shimon, and then pardoned the debt - the debt is cancelled; if Reuven died without pardoning it, even Reuven's heir can pardon the debt. (Since Leah can pardon the Kesuvah anyway, returning the document does not hurt the buyer).
(d) Rejection (and Answer #2 - Abaye): We need not say as Shmuel - the case is, she is holding her Kesuvah (so we are not concerned that she sold it).
1. Rava says, that does not eliminate the concern - perhaps 2 Kesuvos were written!
2. Abaye is not concerned for 2 Kesuvos;
3. Moreover, even if we were concerned - a receipt pardons the debt on the day it is signed (even if it was only given later);
i. This is as Abaye, who says that when witnesses sign a document, the receiver acquires immediately.
(a) (Mishnah): One who found documents of appraisal (of a borrower's land), of food (regarding by a man who accepted to feed a stepdaughter), documents of Chalitzah or Mi'un, documents of Birurin (clarification, or choosing), and all actions of Beis Din - he returns them.
(b) If he found a document in a Chafisa or Deluskema (pouch or box), or document wrapped together in a Tachrich or Agudah, he returns it.
1. Three documents tied together is considered an Agudah.
2. R. Shimon ben Gamliel says, if Reuven borrowed from 3 people, we return them to Reuven; if 3 people borrowed from Shimon, we return them to Shimon.
(c) If one finds a document among his documents and does not know who deposited it by him (the lender or borrower), he leaves it until Eliyahu comes;
1. If (the lender) finds a receipt (among his own documents), he acts according to it.
(d) (Gemara) Question: What are documents of Birurin?
(e) Answer #1 (Chachamim of Bavel): Documents of the parties' claims.
(f) Answer #2 (R. Yirmeyah): Each party selected 1 judge (and the 2 judges will pick the third).
(g) (Mishnah): Any document of actions of Beis Din - we return it.
(h) A Get was found in Rav Huna's Beis Din; it said 'in the city of Sheviri, on the Rachis River'.
(i) Question (Rav Huna): Are we concerned that there are 2 cities 'Sheviri' on the Rachis River (and this Get belongs to a man of the other city)?

(j) Answer (Rabah - Mishnah): Any document of actions of Beis Din - we return them.
(k) Question (Rav Amram): How can you learn about a Get, which affects a prohibition, from monetary laws?
(l) Answer (Rabah): Actions of Beis Din include document of Chalitzah and Mi'un, which are prohibitions.
(a) (Mishnah): If they were found in a Chafisah or Deluskema.
(b) Question: What is a Chafisah?
(c) Answer (Rabah bar bar Chana): A small wine pouch.
(d) Question: What is a Deluskema?
(e) Answer (Rabah bar Shmuel): A box in which old people put their vessels.
(f) (Mishnah): A Tachrich or Agudah of documents.
(g) Question: How many is considered a Tachrich?
(h) Answer: Three wrapped together.
(i) Question: How many is considered an Agudah?
(j) Answer: Three tied together.
(k) Inference: This teaches that the type of knot is a Siman.
(l) Rejection: R. Chiya taught, an Agudah is three wrapped together (and the fact that they were wrapped is the Siman).
(m) Question: But that is a Tachrich!
(n) Answer: In a Tachrich, the first document is rolled, and each successive document is wrapped around the previous ones, so the top of each is by the bottom of the previous; in an Aguda, the parchments were placed resting on each other, and all were wrapped at once.
(o) Question: If one finds them, what does he announce (so the loser will know to claim them)?
(p) Answer #1: The number he found.
(q) Objection: If the loser need not say how many there were (just that they were wrapped together) - even two should be announced!
(r) Answer #2: As Ravina taught (regarding one who finds coins) - he announces coins - here, he announces 'documents'.
(a) (Mishnah - R. Shimon ben Gamliel): If Reuven borrowed from three people, we return them to him.
1. Had they fallen from the lenders, there is no reason why they would be wrapped together.
2. Question: Perhaps they were being brought to be validated!
3. Answer: The case is, they are already validated.
4. Question: Perhaps the scribe dropped them!
5. Answer: A lender would not leave a validated document by the scribe.
(b) (Mishnah): If Shimon lent to three people, we return them to him.
1. Had they fallen from the borrowers, there is no reason why they would be wrapped together.
2. Question: Perhaps they were written by the same scribe!
3. Answer: The case is, the handwriting reveals that different scribes wrote them.
4. Question: Perhaps they were being brought to be validated!
5. Answer: The lender validates documents, not the borrower.
(c) (Mishnah): If there is a receipt with them, he acts according to it.
(d) (R. Yirmeyah bar Aba): If the lender has a receipt, even in his own handwriting, we ignore it.
1. Not only if a scribe wrote it, for then we can say that he happened to find a scribe, and had him write it (in case he will not find a scribe when he needs it);
2. But even if he wrote it himself - he wanted to be ready, in case the borrower will want to pay just before Shabbos on condition that he receives a receipt, and there will not be time to write one.
(e) Question (Mishnah): If (the lender) finds a receipt (among his own documents), he should do as it says.
(f) Answer: We can answer as Rav Safra answered (later) - the case is, he found it among torn documents (this confirms that the document was paid; alternatively, since he put it with documents he does not need, this shows that he does not need the receipt (i.e. he was already paid).
(g) Question (Mishnah): Reuven lent to two people with the same name. He found a receipt saying that one of them paid - he may not collect from either.
(h) Answer: Here also, we can answer as Rav Safra - he found it among torn documents.
(i) Question (Mishnah): (Reuven's orphans that want to collect (what Shimon owed Reuven) from Shimon's orphans) - they must swear 'Our father did not tell us, nor did we find a receipt among his documents saying that this debt was paid'. (Implying, such a receipt would be valid!)
(j) Answer (Rav Safra): If they would find a receipt among torn documents it would be valid.
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