Bava Basra 170b

בבא בתרא ק״ע ע״ב

Bava Batra 170b

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Topic

A debtor who paid back only part of his loan: do we write a new שטר or a שובר (receipt)?

Overview

This amud opens with the last lines of an earlier story. A sage explains that he only meant the litigant should try to verify his claims, not that he automatically loses. Then a new משנה begins: a borrower has paid back part of his loan. רבי יהודה says the lender should swap the old שטר for a new one. רבי יוסי says the lender keeps the old שטר and writes the borrower a שובר (receipt). רבי יהודה objects that the borrower would then have to guard his receipt from mice, and רבי יוסי answers that this is better than weakening the lender. In the גמרא, רב הונא quotes רב: the הלכה follows neither. Instead, the בית דין tears up the old שטר and writes a new one dated from the original date. רב נחמן (or רב ירמיה בר אבא) argues that a ברייתא gives this very method as רבי יהודה's view, so רב would have taken back his ruling. רב הונא answers that רב knew the ברייתא and still kept his ruling. The reason is explained on the next amud.

Opening lines

The steps (8)

1. ChallengeThe objection: he only meant 'go verify'
2. ResolutionThe answer: I also only meant 'verify'
3. StatementThe משנה: partial repayment, exchange or receipt?
4. Challengeרבי יהודה's objection: the receipt could get eaten by mice
5. Resolutionרבי יוסי's answer: better that than weakening the lender
6. Statementרב: the הלכה follows neither, so the בית דין writes a new שטר
7. ChallengeIf רב had known the ברייתא, he would have taken it back
8. Resolutionרב knew the ברייתא and still kept his ruling