POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Metzia 20
BAVA METZIA 20 (27 Kislev) - today's Daf dedicated l'Iluy Nishmas
Eliyahu ben Shmuel Moshe, by his granddaughter, Libi Feinberg.
1) ONE WHO FINDS A RECEIPT
(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.
2) DOCUMENTS WE RETURN
(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
(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
(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
(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;
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.
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'
(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
(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.
3) DOCUMENTS FOUND TOGETHER
(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.
4) TO WHOM WE RETURN THEM
(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
(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
(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
(r) Answer #2: As Ravina taught (regarding one who finds
coins) - he announces coins - here, he announces
(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.
(b) (Mishnah): If Shimon lent to three people, we return them
2. Question: Perhaps they were being brought to be
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.
1. Had they fallen from the borrowers, there is no
reason why they would be wrapped together.
(c) (Mishnah): If there is a receipt with them, he acts
according to it.
2. Question: Perhaps they were written by the same
3. Answer: The case is, the handwriting reveals that
different scribes wrote them.
4. Question: Perhaps they were being brought to be
5. Answer: The lender validates documents, not the
(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
(e) Question (Mishnah): If (the lender) finds a receipt
(among his own documents), he should do as it says.
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.
(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.