POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Bava Basra 171
BAVA BASRA 171 (Rosh Hashanah) - dedicated in honor of the birth of a baby
boy to Harav Elimelech Kornfeld (of the Gra Shul, Ramat Beit Shemesh). Mazel
Tov - may he and his wife raise the new addition l'Torah l'Chupah ul'Ma'asim
1) A PARTIALLY PAID DEBT
(a) Question: Sheluchim that fulfilled their mission can
fulfill it again!
1. (Rav Yehudah): (If one lost his document and told
witnesses to write another, they can write 10
documents for the same field (if he keeps losing
(b) Question: What is the full text of the Beraisa cited
above (end of 170B)?
2. (Rav Yosef): This refers to a gift document (there
is no Achrayus, it cannot harm others).
3. (Rabah): It can even be a sale document, if it does
not have Achrayus.
(c) Answer (Beraisa - R. Yehudah): Reuven owed Shimon 1000
Zuz, he paid half. Witnesses tear the old document, and
write a new document from the original date;
(d) R. Yosi says, Shimon keeps the old document, we write a
receipt for Reuven.
1. There are two reasons we write a receipt: to
encourage Reuven to pay quickly (he fears that he
will lose the receipt, and have to pay the entire
loan again), and to allow Shimon to collect
(property sold) from the original date.
(e) (Beraisa - R. Yehudah): If the date on a document
corresponds to Yom Kipur or Shabbos, we assume it was
postdated, it is valid;
2. Question: Also according to R. Yehudah, Shimon can
collect from the original date!
3. Answer: (In the Mishnah, R. Yehudah said 'he
exchanges', this could mean, the new document is
from today's date;) R. Yosi says, if you say that
the new document is from the original date, I argue
with you for one reason;
i. If you say that the new document is from
today's date, I argue with you for two reasons.
(f) R. Yosi says, it is invalid.
1. R. Yehudah: A case occurred in Tzipori, you ruled
that such a document is valid!
2. R. Yosi: I allowed a document in which the date
corresponded to Yom Kipur or Shabbos.
3. Question: That is what R. Yehudah referred to!
4. Answer (R. Pedas): All agree that if the date
corresponded to Yom Kipur or Shabbos, it is valid
(for this is as if it explicitly says 'this document
2) MUST A BORROWER ACCEPT A RECEIPT?
(g) (Rav Huna brei d'Rav Yehoshua): Even according to the
opinion that we force a borrower to accept a receipt,
this is only when he still owes part of the money.
i. They argue about a regular postdated document
(it is not evident that it was postdated): R.
Yehudah allows it - since he says that we never
force a borrower to accept a receipt, this
cannot be used to swindle;
ii. R. Yosi disqualifies it - since he says that we
force a borrower to accept a receipt, it can be
used to swindle (perhaps the borrower paid part
of the loan before the date, and received a
receipt - the lender will say that this was for
a different loan, for it is before the (date
of) this loan!
(h) Rejection: This is wrong - we force him to accept a
receipt even when the entire loan was paid.
1. R. Aba owed money to Rav Yitzchak bar Yosef; Rav
Yitzchak said that he lost the document. R. Aba did
not want to pay until he got back the document.
2. Rav. Yitzchak: I will write a receipt for you!
3. R. Aba: Rav and Shmuel say, we do not force a
borrower to accept a receipt.
4. R. Chanina bar Papa (who was judging the case): We
revere Rav and Shmuel greatly - however, R. Yochanan
and Reish Lakish say that we force a borrower to
accept a receipt.
(a) (Ravin): We force a borrower to accept a receipt.
(b) Support: Presumably, this is correct - if not, if the
lender lost his document, should the borrower keep the
(c) Objection (Abaye): To the contrary! If we force a
borrower to accept a receipt and he loses it, should the
lender collect twice?!
(d) Answer (Rava): Yes! "V'Eved Loveh l'Ish Malveh".
(e) (Mishnah): Predated loan documents are invalid, postdated
documents are valid.
(f) (Rav Hamnuna): This only applies to loan documents, but
regarding documents of sale, even postdated ones are
(g) Question: What is the reason?
(h) Answer: If Reuven sold land in Nisan, and the document
says Tishrei, perhaps Reuven will get money in between
and buy back the land; after Tishrei, the buyer will show
his document showing that he bought it 'back'!
(i) Question: The same concern applies to loan documents!
1. If Shimon borrowed from Levi in Nisan, and the
document says Tishrei, perhaps Shimon will get money
in between and pay the loan;
(j) Answer: Rav Hamnuna holds that we do not force a borrower
to accept a receipt.
i. Levi will claim that he lost the document, he
will write a receipt. After Tishrei, Levi will
show his document showing that the loan was
after the receipt (so surely, the receipt was
for paying up a different loan)!
(k) Question (Rav Yemar): Nowadays, we write postdated
documents and we force a borrower to accept a receipt, we
should be concerned!
(l) Answer (Rav Kahana): We tell the scribe to write on a
postdated document 'This document was postdated' (so the
lender will be unable to 'prove' that he lent again after
(m) Question (Rav Ashi): Nowadays, we write postdated
documents that do not say 'This document was postdated',
we should be concerned!
(n) Answer (Rav Kahana): We tell the scribe to write the date
of the document on the receipt; if he does not know the
date, he should not put a date on the receipt (so the
lender will be unable
to 'prove' that he lent again
(o) Question (Ravina): We do not do this nowadays!
(p) Answer (Rav Ashi): Chachamim taught people how to protect
themselves from swindlers - if they do not do so, they
cause their own loss.