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Bava Basra 169a

בבא בתרא קס״ט ע״א

Bava Batra 169a

Learn Bava Basra 169a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Rewriting a lost deed of sale: why the אחריות clause is left out, the danger of collecting twice, and whether a court writes a שובר

Overview

This amud finishes a ברייתא about rewriting lost documents. רבן שמעון בן גמליאל holds that the court does not rewrite even a lost deed of sale. He also holds that if a gift recipient gives the deed back, the gift goes back, while the חכמים say the gift stays. The גמרא then asks why the first opinion rewrites a sale deed but leaves out its אחריות (guarantee) clause. רב ספרא explains that two guaranteed deeds for one field would let the buyer collect twice from the seller's other buyers. The גמרא objects that a creditor's loan document is torn after he collects, and it answers that the danger comes from someone claiming the field as his ancestors' land. רבינא explains why the buyer needs a scheme rather than simply collecting twice. Finally, the גמרא asks why the court does not give a full deed plus a cancellation note for the seller. The רבנן suggest this shows that courts do not write a שובר, and the response to them comes on the next amud.

Opening lines

רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר:

Rabban Shimon ben Gamliel says:

אַף שִׁטְרֵי מִקָּח וּמִמְכָּר אֵין כּוֹתְבִין.

Even for deeds of buying and selling, we do not write [a replacement].

וְכֵן הָיָה רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר:

And likewise Rabban Shimon ben Gamliel would say:

הַנּוֹתֵן מַתָּנָה לַחֲבֵרוֹ,

One who gives a gift to his fellow,

The steps (11)

  1. StatementNo replacement even for deeds of sale
  2. StatementReturning a gift deed: does the gift go back?
  3. QuestionWhy is the guarantee left out?
  4. ResponseTwo deeds could let the buyer collect twice
  5. ChallengeBut the loan document was torn
  6. ChallengeThe creditor's loan document must be torn
  7. ResolutionThe danger comes from a claim of ancestral ownership
  8. ChallengeWhy did רב ספרא need such a complicated story?
  9. ResolutionToo many people in court would expose the buyer
  10. ChallengeWhy not write a full deed plus a cancellation note for the seller?
  11. ResolutionThis shows that the court does not write a receipt