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Bava Basra 168b

בבא בתרא קס״ח ע״ב

Bava Batra 168b

Learn Bava Basra 168b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Erased and torn שטרות, אביי's invalid backup deed, and rewriting lost documents

Overview

This amud finishes the משנה about a creditor whose loan document (שטר) was erased, and the court writes a confirming document (קיום) for him. A ברייתא gives the exact wording of that קיום. It adds that the creditor can collect without more proof only if the judges wrote that they checked the witnesses and found them consistent. The ברייתא also rules that a שטר that is נקרע is invalid, one that is נתקרע is valid, and an erased one is valid if its writing can still be made out. רב יהודה explains that נקרע means a tear made by a בית דין. He and אביי then give two different signs of such a tear. Next comes a story: landowners in פומבדיתא, afraid of land-grabbers, asked אביי for a second deed. He refused at first, citing רב ספרא's rule against two deeds for one field. Then he had an invalid deed written, and he defended this against רב אחא בר מניומי's challenge. Finally, a ברייתא rules that a lost loan document is not rewritten, but a lost sale deed is rewritten without its אחריות guarantee.

Opening lines

וּפְלוֹנִי וּפְלוֹנִי עֵדָיו״.

and so-and-so and so-and-so were its witnesses."

גְּמָ׳

GEMARA:

תָּנוּ רַבָּנַן: אֵיזֶהוּ קִיּוּמוֹ?

The Rabbis taught: What is its confirmation document?

״בְּמוֹתַב תְּלָתָא הֲוֵינָא

"We were sitting as three judges,

The steps (16)

  1. StatementEnd of the משנה: naming the witnesses of the erased document
  2. StatementA ברייתא gives the full wording of the confirming document
  3. StatementCollecting with or without extra proof
  4. StatementTorn and erased documents: which are valid
  5. QuestionWhat is the difference between the two kinds of tearing?
  6. Responseרב יהודה: a tear by the court versus any other tear
  7. QuestionWhat does a בית דין tear look like?
  8. Responseרב יהודה: the tear hits the key parts of the document
  9. Responseאביי: a tear going both ways
  10. StatementLandowners ask אביי for a second deed
  11. Responseאביי refuses: no two deeds for one field
  12. Conclusionאביי has an invalid deed written
  13. Challengeרב אחא asks: maybe the erased writing still shows
  14. Resolutionאביי answers: the erased writing was only random letters
  15. StatementA lost loan document is not rewritten
  16. StatementSale deeds may be rewritten, but without the guarantee