Bava Basra 167b

בבא בתרא קס״ז ע״ב

Bava Batra 167b

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Topic

Who may order a document and who pays the סופר, and how a סופר makes sure he knows the names on a גט or שובר

Overview

The משנה lists kinds of documents and says whose request is enough for a סופר to write each one, and who pays him. A loan שטר may be written at the לוה's request alone, and a bill of sale at the מוכר's request alone. Documents of אירוסין and נשואין, farming contracts, and court records need both sides to agree. רבן שמעון בן גמליאל adds that each side gets his own copy of a court record. The גמרא then goes back to the earlier rule that a סופר may write a גט or a שובר only if he 'recognizes' the people. רב explains this as knowing their names, and אביי says both spouses' names must be known. The sages raise more worries about people with the same name or a false name. רב's rules answer them: two men with the same name in one city divorce only in each other's presence, and a name known in the city for thirty days is trusted. The amud ends with a story about רב ירמיה בר אבא and a disputed receipt, and אביי begins a new statement that continues on the next amud.

Opening lines

The steps (22)

1. StatementA loan document: the borrower may order it alone, and he pays
2. StatementA sale document: the seller may order it alone, and the buyer pays
3. StatementBetrothal and marriage documents need both sides, and the groom pays
4. StatementFarming contracts need both sides, and the tenant pays
5. StatementArbitration and court documents need both sides, and both pay
6. Statementרבן שמעון בן גמליאל: write a separate copy for each side
7. QuestionWhat does 'provided that he recognizes them' mean?
8. Responseרב: the man's name for a גט, the woman's name for a שובר
9. QuestionThe sages wonder: only one name in each case?
10. ChallengeThe danger: a גט given to another man's wife
11. ChallengeThe same problem with the receipt
12. Resolutionאביי: both names must be known
13. ChallengeWhat about two men with the same name?
14. ResolutionTwo men with the same name divorce only in each other's presence
15. ChallengeWhat if a man falsely takes on the name in another city?
16. ResolutionA name known in the city for thirty days can be trusted
17. QuestionWhat if the name is not yet known for thirty days
18. ResponsePeople call him by the name and he answers
19. RejectionA liar is careful to keep up his lie
20. StatementA woman denies she received the money on a receipt
21. Responseרב ירמיה explains why the other witnesses disagreed
22. Statementאביי begins a new statement