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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) What does the Beraisa say about someone who finds the receipt of a Kesuvah?
What must he do, if the woman ...
  1. ... admits having received her Kesuvah?
  2. ... denies having received it?
(b) We have a problem with the former ruling however, inasmuch as we ought to suspect collusion between the woman and her husband.
What is the problem?

(c) To answer this Kashya, we extrapolate Shumel's Din from this Beraisa. What does Shmuel say? How does the Beraisa support Shmuel?

(d) What happens if it was not the creditor who was Mochel the debt, but his heirs?

(a) How does Abaye establish the Beraisa, even assuming that the Tana does nor hold like Shmuel?

(b) How does Rava counter Abaye's explanation?

(c) Abaye disagrees with Rava however, because he does not contend with the likelihood of the woman having two Kesuvos. In any case, he argues, even if the woman did not hand over the receipt until Tishri, there would be no problem.
Why not?

(d) What do we mean when we say 'Abaye le'Ta'ameih'?

(a) Our Mishnah rules that someone who finds any form of Ma'aseh Beis-Din must return it, and it lists as examples 'Igros Shum, Igros Mazon, Sh'tarei Chalitzah, Miy'unin and Sh'tarei Birurin'.
What are ...
  1. ... 'Igros Shum'?
  2. ... 'Igros Mazon'?
(b) What is the purpose of a Sh'tar Miy'un?

(c) Why do we not suspect that the these Sh'taros ...

  1. ... were meant to be handed over, but were in fact, not?
  2. ... have already been paid?
(a) The Tana also requires a Sh'tar that one found in a leather container, or a roll or a bundle of Sh'taros to be returned.
On what basis does the finder return them?

(b) What does Raban Shimon ben Gamliel say about someone who finds a bundle of Sh'taros where the same ...

  1. ... borrower borrowed from three different creditors?
  2. ... creditor lent three different debtors?
(a) If a person discovers a Sh'tar among his Sh'taros, and he cannot recall why it was give to him, what must he do with it?

(b) In fact, knows that the Sh'tar was given to him for safe-keeping, but cannot remember who gave it to him, the creditor or the debtor.
What is the third possibility?

(c) And what does a someone do if he discovers a Sh'tar among his Sh'taros together with a receipt?

(d) Why might we have thought otherwise?

(a) We interpret 'Sh'tarei Birurin' as Sh'tarei Ta'anasa.
What are 'Sh'tarei Ta'anasa'?

(b) How does Rebbi Yirmiyah interpret it?

Answers to questions



(a) We already discussed the case where Rav Huna contended with two Sheviri's, whereas Rabah, basing his opinion on our Mishnah 'Kol Ma'aseh Beis-Din, Yachzir', disagreed.
What did Rabah reply when Rav Amram asked him how he could learn Isur from Mamon (which is usually more lenient - see Tosfos)?

(b) In his reply, Rabah conferred upon Rav Amram the rather uncomplimentary title of Tarda.
What does 'Tarda' mean?

(c) When one of the supports of the Beis-ha'Medrash broke, each one saw in this an omen that Heaven sympathized with him.
How did ...

  1. ... Rav Amram read the omen?
  2. ... Rabah read it?
(a) The Tana requires someone who finds a Sh'tar in a Chafisah or in a Deluskema to return it.
How does Rabah ...
  1. ... bar bar Chanah define a 'Chafisah'?
  2. ... bar Shmuel define a 'Deluskema'?
(b) What constitutes ...
  1. ... a 'Tachrich' of Sh'taros?
  2. ... an 'Agudah' of Sh'taros, according to our initial understanding?
(c) How do we redefine an Agudah of Sh'taros, so as to refute the proof from here that a knot is a Si'man?

(d) What is then the difference between a Tachrich and an Agudah?

(a) If, as we initially suggest, the finder announces the number (that he found three Sh'taros), how does the owner then identify them?

(b) What problem do we have with this?

(c) So we conclude that the finder announces that he found Sh'taros.
How does the owner then identify them?

(d) Why would the Halachah differ if there were only two Sh'taros?

(a) Raban Shimon ben Gamliel taught in our Mishnah that if one person borrowed from three creditors, the finder returns the Sh'taros to the debtor (since it is obviously he who lost them).
How do we know that it was not ...
  1. ... the creditors, who had taken their Sh'taros to the Sofer of Beis-Din for verification, who had lost them there?
  2. ... the Sofer, who lost them before he managed to return them?
(b) In the Seifa, he teaches that if three people borrowed from one creditor, then the finder must return them to the creditor.
How do we know that they were not lost by the Sofer, to whom the borrowers taken them ...
  1. ... to be written?
  2. ... to be verified?
(a) Rav Yirmiyah bar Aba Amar Rav considers a Simpon that the creditor finds among his Sh'taros and that is written in his handwriting a mere joke, and renders it Pasul.
What is a Simpon?

(b) Why might we have thought that it is Kasher?

(c) Why is it Pasul? Why *did* he write it?

(d) Would it also be Pasul if it was written in the handwriting of the Sofer?

(a) We learned in our Mishnah that if someone discovers a receipt among his Sh'taros, he should follow whatever the receipt says.
How do we know that the Tana is speaking about a creditor?

(b) We reconcile Rav's previous ruling with this statement by citing Rav Safra (in a similar case) What does Rav Safra say?

(c) This might mean that the Sh'tar to which this receipt pertains was found among his torn Sh'taros, though it itself, was not torn.
What else might it mean?

(d) What does the Mishnah in Bava Basra say about a creditor who has two Sh'taros on two Yosef ben Shimons who owe him money, and who discovers one receipt saying that Yosef ben Shimon paid him?

(a) Again we cite Rav Safra (that the receipt or both Sh'taros [see Maharam] was found among his torn Sh'taros), in order to reconcile this with the ruling forbidding a creditor to produce a Sh'tar against Yosef ben Shimon, when there is another Yosef ben Shimon in the same town.
How do we reconcile this Beraisa with the ruling that one cannot produce a Sh'tar against one Yosef ben Shimon if there is another man with the same name in town?

(b) The Mishnah in Shevu'os lists the three Shevu'os that Yesomim have to make when claiming their father's debts. They must swear that he did not inform them 1. at the time of his death or 2. beforehand, that the debt had been repaid.
What is the third Shevu'ah?

(c) What can we extrapolate from this Mishnah?

(d) How does Rav Safra reconcile this with Rav, who considers such a receipt a joke?

(a) The Beraisa states 'Simpon she'Yesh Alav Eidim, Yiskayem be'Chosamav'.
What does the Beraisa mean if taken literally? Why is this a Kashya on Rav?

(b) How do we subtly amend the text to answer the Kashya on Rav?

(c) And how do we reconcile Rav with the Beraisa which validates a Simpon which is signed by witnesses?

(d) How do we prove this answer to be correct? What does the Seifa of the Beraisa say?

15) Why does the Tana validate a Simpon ...
  1. ... that is produced by a third person who claims that the debt has been paid?
  2. ... that appears at the end of a Sh'tar-Chov?
***** Hadran Alach Shenayim Ochzim *****

Answers to questions

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