POINT BY POINT SUMMARY
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.
On to Sanhedrin
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