Bava Metzia 19a

בבא מציעא י״ט ע״א

Learn Bava Metzia 19a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Returning found documents (a גט, a שטר חוב, a bill of freedom, wills and gifts) when an early written date or a change of mind could cause harm.

Overview

The amud opens with the end of a story. A גט that רבה בר בר חנה was carrying got lost in the בית מדרש and was returned to him. He then admitted he did not know whether they had relied on his סימן or on his טביעות עין as a תלמיד חכם. The גמרא then goes back to a ברייתא: a found גט is returned to the wife if the husband admits it. It worries that the date on the גט could be earlier than the day it was handed over, letting her take produce from buyers unfairly. It answers that she must prove when she received the גט. A found שטר חוב is not returned with this fix, because a buyer would assume the court already checked its date. The same worry and the same answer are applied to a found bill of freedom for a slave. Next, a ברייתא defines a will and a deed of gift, and אביי explains which gift of a healthy person works like a deathbed gift. Finally, the גמרא points out a contradiction about returning documents when the writer agrees, and רבי אבא בר ממל begins an answer that continues on the next amud.

Opening lines

The steps (21)

1. StatementA lost גט is returned to רבה בר בר חנה
2. StatementHe is unsure why they returned it
3. StatementBack to the ברייתא about finding a גט in the market
4. ChallengeWorry that the wife will use an early date to take back sold produce
5. ChallengeThe worry only works for one opinion about the husband's rights
6. ResolutionShe must prove when she received the גט
7. ChallengeComparing to lost loan documents
8. ChallengeThen return loan documents too
9. ResolutionThe buyer knows why the גט was returned
10. ResolutionWhy the buyer will not ask for proof with a returned שטר חוב
11. StatementA found bill of freedom: the ברייתא's rule
12. ChallengeWhy return it? The backdated bill of freedom worry
13. ResolutionNo problem if freedom starts at the signing
14. ChallengeBut what if freedom is a disadvantage for the slave?
15. ResolutionThe slave must prove when he received the bill
16. StatementDefining a will and a deed of gift
17. ChallengeDoes a gift only work with 'after death'?
18. Resolutionאביי: a healthy person's gift that works like a deathbed gift
19. StatementInference from the משנה: if the writer says 'give', we give
20. ChallengeA ברייתא says never return, even if both sides agree
21. Resolutionרבי אבא בר ממל: there is no contradiction