Bava Batra 169

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Jul 102017
 

In a case of a lost document, can one write up a new document to replace the old one?  In which cases is this ok?  And in which cases are we worried one may pull out the old document at a later time and claim land that doesn’t belong to him/her?  Two very basic disagreements are discussed – is a guarantee a basic part of any sale – meaning that if it isn’t written in the document does one assume that it was sold with a guarantee?  And does passing on a shtar (deed of sale) to another affect a kinyan – is the item acquired by the receiver, even though the name on the deed is the one who gave it to him/her?

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Bava Batra 168

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Jul 092017
 

The gemara discusses why in particular cases one side needs to pay for the document to be written or why the mishna needed to specify that they needed to pay – isn’t is obvious?  A classic case of asmachta is brought – where one pays back part of one’s loan and both sides agree to give the document to a third party (instead of writing a receipt that part was paid).  If the borrower declares, “I will pay by a particular date and if not, you can return the document to the creditor,” there is a debate about whether or not the creditor can claim the whole amount (in the event that the loan is not paid back on time).  The gemara concludes that asmachta is not a valid transaction and one would not need to pay in this case.  What does one do if the document is erased or torn?

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Bava Batra 166-167

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Jul 072017
 

How can one tell whether dinarim is referring to gold or silver?  In which types of discrepancies between the top part of the document and the bottom part do we hold by the bottom and in which cases by the top?  If an amount is given but not the type of coin, how do we determine which coin was meant?  Abaye teaches halachot regarding how to avoid forgeries and then several cases ar brought where people tried to defraud him or others but was brought before him and he detected the forgery.  The mishna teaches what types of documents can be written by one side without the knowledge of the other and which ones need to be written with the knowledge of both sides?  Who pays for the document to be written?  Also the scribe needs to know the people involved to prevent the person from giving the document to someone else with the same name.

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Bava Batra 165

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Jul 062017
 

Rashbag’s opinion in the mishna is discussed – what was he referring to when he said, “it goes by the local minhag?”  In what case does he disagree with Tanna Kamma?  Why does the mishna need to specify that one witness in a get pashut is invalid – isn’t that obvious?  Two answers are brought.  According to one answer, the case is where there is one witness on the document and one who is not signed on the document but testifies about what is written in the document.  There is a debate about whether or not this case is valid.  One opinion brings as his proof a story relating to Rabbi Yirmiya and how he was allowed to reenter the Beit Midrash after being kicked out.  There are four versions about what case the story related to.  The mishna discusses cases where there is a contradiction in the amount of money mentioned in the document.  Depending on the situation, there are different ways of deciding which amount is “correct.”

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Bava Batra 164

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Jul 052017
 

Additional laws relating to preventing forged documents are discussed – particularly as relates to documents that were erased and text was written above them.  On a tied document (get mekushar) the dating system was different than on the regular document.  Based on that, Rabbi Chanina ben Gamliel’s opinion in the mishna is questioned as he said that a tied docuemnt can be turned into a straight one and if the dating system is different, that could lead to problems?  The gemara diverges into a conversation about lashon hara.

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Bava Batra 163

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Jul 042017
 

When the braita said that two spaces are not allowed but one is, did they mean 2 lines plus space between the lines?  If so, how many lines of space?  Rav and Rabbi Yochanan have a disagreement if one also needs to leave a space between the signatures of the witnesses and the ratification of the courts.  One says lots of space can be left and the other says no space at all can be left.  The gemara discusses according to each interpretation why there would or would not be a concern for forgeries in each situation.

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Bava Batra 159b-160

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Jun 302017
 

Does inheritance go through a father who is dead to be passed on to his son or does the son inherit directly from the grandfather?  Does a son who predeceases his mother inherit from his mother “in his grave” in order to pass on the inheritance to his half brothers through his father?  Or does her inheritance revert back to her father’s family?  The tenth perek begins with a discussion of different types of documents – a regular shtar and one that has folds.

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