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Bava Basra 170
1) [line 3] IM KEN, PELUGSA LED'MAR - if so, it (i.e. the way that you are
explaining the opinion of Raban Shimon ben Gamliel in the Beraisa (169b),
that he maintains "*Ein* Osiyos Niknos b'Mesirah") is in dispute with the
master (i.e. Rabah, who explained (169b) -- regarding the opinion of Raban
Shimon ben Gamliel in the Beraisa (beginning of 169a) -- that Raban Shimon
ben Gamliel holds that "Osiyos *Niknos* b'Mesirah") (Note: the Girsa of the
RITVA for this line is "IM KEN, *PELIGAS AD'MAR*" - if so, you are disputing
with the Master!)
2) [line 4] V'SIFLOG - and let it be in dispute! (Perhaps the dispute in the
earlier Beraisa involves a different issue, and not the issue of "Osiyos
Niknos b'Mesirah" (RITVA))
3) [line 10] EDEI MESIRAH KARSEI / EDEI CHASIMA KARSEI
(a) Rebbi Meir and Rebbi Elazar argue with regard to which witnesses make
the Shtar take effect. Rebbi Elazar maintains that Edei *Mesirah* Karsei,
the witnesses who watch the Shtar being given are the main part of the
Shtar, i.e. the ones who make the Shtar take effect. Rebbi Meir maintains
that Edei *Chasimah* Karsei, meaning that the witnesses who sign the Shtar
are the main part of the Shtar and are the ones who make the Shtar take
effect.
(b) According to Rebbi Elazar, who rules Edei Mesirah Karsei, witnesses sign
a Get (or Shtar) because of "Tikun ha'Olam" - "for the well-being of the
world." Although the Get is valid without the signatures of the witnesses,
it was instituted that the witnesses sign the Get (or Shtar) for the sake of
all those who receive such legal documents, so that in case the witnesses
who testified to the event have died, their signatures (which are recognized
by other witnesses) will remain as testimony to the event.
(c) Since this argument has its source in the laws of divorce, the literal
meaning of the words is that Edei Chasimah or Mesirah *cut*. That is, Edei
Chasimah or Mesirah are responsible for making a Get (a bill of divorce)
take effect, giving it the status of a "Sefer Kerisus" (a document that
*cuts* [the bond between the married couple] -- Devarim 24:1) (RASHI to
Kidushin 48a).
4) [line 13] MEZUYAF MI'TOCHO - a legal document that is invalidated by
something within the document itself (such as the signature of a witness who
was a relative or invalid in some other way, or who signed she'Lo Lishmah)
5) [line 21] MODEH BI'SHTAR SHE'KASVO, TZARICH L'KAIMO
(a) When a debtor admits that he wrote a document of debt, but claims that
the document is not valid for another reason (e.g. the debt has already been
collected), the creditor must call upon the witnesses to verify their
signatures. The reason for this Halachah is that as long as the signatures
on the Shtar have not been validated, the debtor is believed with a "Migo,"
i.e. had he wanted he could have claimed that the Shtar is a forgery (see
Background to Kidushin 43:15:a-b). The Shtar must be validated to remove the
debtor's Migo.
(b) Others argue, ruling that "Modeh bi'Shtar she'Kasvo *Ein* Tzarich
l'Kaimo," that is, the debtor is not believed when he says that he paid
since this is not a valid Migo. The debtor would be ashamed to claim that
the Shtar is a forgery and that is why he preferred to claim that he paid
the debt (TOSFOS to Kesuvos 19a; see other reasons there).
6) [line 25] ADUKIN - grasping, holding fast to [the Shtar]
7) [line 37] CHASPA B'ALMA HU - it is merely a potsherd, i.e. it is
valueless
8) [line 39] EIPUCH - switch [their opinions in one of the Beraisos above]
9) [line 40] B'LEVARER KA'MIFLIGEI - they are arguing with regard to the
necessity "to clarify" one's claims. When a defendant claims that he has two
proofs that the land belongs to him (such as a Shtar and a Chazakah), Rebbi
maintains that he must bring both proofs (even though, had he mentioned only
the fact that he has a Chazakah and brought witnesses to that effect, that
would have sufficed). Raban Shimon ben Gamliel maintains that he does *not*
have to bring both proofs, and it suffices to bring witnesses that he has a
Chazakah.
10) [line 41] HAVAH MASIK BEI ZUZEI - he (Rav Yitzchak bar Yosef) was owed
money by him (Rebbi Aba)
170b---------------------------------------170b
11) [line 1] ELA LEVARER - (a) Rebbi argues with Raban Shimon ben Gamliel
only with regard to the requirement to clarify one's claims. He agrees that
if the defendant does not mention that he has another proof, his Chazakah
alone suffices to prove that the field belongs to the defendant. Rebbi just
holds that since the person said that he had another proof, we make him
prove it. In practice, therefore, the Halachah follows the view of Raban
Shimon ben Gamliel, since we do not make the defendant lose simply because
he spoke too much (and, consequently, in the case of Rebbi Aba, Rebbi Aba
should *not* need to bring witnesses to prove his claim that he paid back
the loan) (RASHBAM); (b) Rebbi argues with Raban Shimon ben Gamliel -- and
requires that the defendant prove his additional claim -- only l'Chatchilah.
While Raban Shimon ben Gamliel maintains that there is no need, even
l'Chatchilah, to prove his additional claim, Rebbi maintains that
l'Chatchilah he must prove it. B'Di'eved, though, Rebbi agrees that if he
cannot prove his additional claim, he is believed with his other proof.
(RABEINU GERSHOM; see RABEINU TAM in TOSFOS DH Ela.)
12) [line 3] YACHLIF - he should exchange [the original Shtar for a new
Shtar, expressing the new amount of the loan after the original amount was
partially repaid]
13) [line 4] SHOVER - a receipt
14) [line 8] BEIS DIN MEKAR'IN - *Beis Din* [but *not* two witnesses] tear
up the original Shtar and write a new one
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