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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Bava Basra 176

1) A DOCUMENT IN THE BORROWER'S HANDWRITING

(a) (Mishnah): If Reuven presents a document in Shimon's handwriting saying that Shimon owes him, he collects from unsold property.
(b) Question (Rabah bar Noson): If Beis Din validated such a document, what is the law?
(c) Answer (R. Yochanan): (It does not become like a proper document, still) he only collects from unsold property.
(d) Question (Rami bar Chama - Mishnah): There are three kinds of Gitin that are Pasul (mid'Rabanan), if a woman remarried relying on such a Get, the children are not Mamzerim:
1. The husband wrote it in his own handwriting, witnesses did not sign;
2. Witnesses signed, but it has no date;
3. It has a date, but only one witness signed.
4. R. Eliezer says, even if no witnesses signed, if he gave it to her in front of witnesses, it is Kosher, and (Rashbam - such a loan document; one version in Rashi - the Kesuvah) can be collected from sold property.
(e) Version #1 (our text, Rashbam) Answer: That case is different, from the time he wrote the document (intending to give it in front of witnesses), he obligated himself (therefore, it is like a proper loan document).
(f) Version #2 (Rashi) Answer: That case is different, from the time (i.e. of Nisu'in) that he became responsible to pay her Kesuvah (if she will be widowed or divorced) he obligated himself (and this is known to all).
2) TESTIMONY ON ARVUS
(a) (Mishnah): If an Arev accepted Arvus in a document underneath the signatures...
(b) (Rav): If he signed before the signatures, the lender collects even from sold property; if he signed after the signatures, he collects from unsold property.
(c) Contradiction: A different time, Rav taught that even if he signed before the signatures, the lender collects only from unsold property!
(d) Answer: If he wrote 'Ploni is an Arev', this is a new matter, the signatures do not refer to it, it is as if he signed after the signatures (he only collects from unsold property);
1. If he wrote '*And* Ploni is an Arev', this is part of the document, the signatures testify about it also (so he collects even from sold property).
(e) (R. Yochanan): In either case ('Ploni is an Arev' or 'And Ploni'), he only collects from unsold property.
(f) Question: Does he really say that if he wrote 'And Ploni is an Arev', he only collects from unsold property?!
1. (Beraisa): If a personal note ('Give my regards...') was appended to a Get and witnesses signed underneath it, the Get is Pasul, we are concerned that they only signed on the greeting, not on the Get.
2. (R. Amah citing R. Yochanan): If it says 'Give my regards', it is Pasul; if it says '*And* give ...' it is Kosher.
(g) Answer: When R. Yochanan said 'In either case', he meant, whether he signed before or after the signatures, he only collects from unsold property;
1. The case is, he wrote 'Ploni is an Arev' (without 'And').
(h) Question: If so, he agrees with Rav!
(i) Answer: Indeed, it should say 'And also R. Yochanan said...'
(j) (Mishnah): A case occurred, R. Yishmael said that he collects from unsold property.
(k) (Rabah bar bar Chanah): Even though R. Yishmael praised Ben Nanas, the Halachah follows R. Yishmael.
(l) Question: What does R. Yishmael say in a case of choking (Is the Arev obligated)?
(m) Answer: R. Yakov said, R. Yishmael argues even in a case of choking.
(n) Question: Does the Halachah follow R. Yishmael there?
(o) Answer: Ravin said, R. Yishmael argues even in a case of choking, the Halachah follows him even there.
(p) (Rav Yehudah): In a case of choking, if the Arev made an Kinyan to obligate himself, he is obligated.
(q) Inference: If it was not a case of choking, no Kinyan is required!
1. This argues with Rav Nachman.
176b---------------------------------------176b

2. (Rav Nachman): An Arev of Beis Din does not need an Kinyan.
3. Inference: A regular Arev needs an Kinyan!
(r) The Halachah is: an Arev at the time of the loan does not need an Kinyan, an Arev after the money was given needs an Kinyan;
1. An Arev of Beis Din does not need an Kinyan - with the pleasure that he is trusted, he decides absolutely to obligate himself.
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