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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Bava Basra 165
1) A SHALI'ACH THAT DEVIATED
(a) (Mishnah - R. Shimon ben Gamliel): All is according to
the local custom.
(b) Question: Do Chachamim (the first Tana) disagree?!
(c) Answer (Rav Ashi): In a place where standard Gitin are
normally written, if Reuven asked a scribe to write a
standard Get and the scribe wrote a tied Get, all agree
that Reuven did not want this (if it is a Get of divorce,
it is invalid);
1. In a place where tied Gitin are normally written, if
he asked for a tied Get and the scribe wrote a
standard Get, all agree that Reuven did not want
this;
2. They argue in a place where both kinds are written,
he asked for a standard Get and the scribe wrote a
tied Get: Chachamim say, since he asked for a
standard Get, this shows that he does not want a
tied Get;
i. R. Shimon ben Gamliel says, Reuven merely
showed that he is happy *even* with a standard
Get, the scribe need not toil to write a tied
Get.
(d) (Abaye): R. Shimon ben Gamliel, R. Shimon and R. Elazar
all hold that a person (sometimes) tells a Shali'ach
(agent) how to do something, but does not mind if it is
done differently.
1. R. Shimon ben Gamliel - in our Mishnah;
2. (Mishnah - R. Shimon): (Leah told a Shali'ach
'Shimon wants to Mekadesh me with a silver Dinar, go
receive it for me') - if he received better than
this (e.g. gold), she is Mekudeshes.
3. R. Elazar - in this (Mishnah): Leah asked a
Shali'ach 'Receive my Get (of divorce) in Ploni (a
certain place)', he received it somewhere else - the
Get is invalid (she only wanted to be divorced in
Ploni);
4. R. Elazar says, it is valid (she merely suggested
where she thinks her husband is).
2) A GET WITH TOO FEW WITNESSES
(a) (Mishnah): A standard Get with only one witness...
(b) We understand why the Mishnah must teach that a tied Get
with only two witnesses is invalid;
1. One might have thought, since two witnesses normally
suffices, here also it is valid (b'Diavad) - the
Mishnah teaches, this is not so.
(c) Question: Why must it teach that a standard Get with only
one witness is invalid?
(d) Answer (Abaye): To teach that even if one witness signed
and one witness testifies orally (in Beis Din) that the
Get is valid, it is invalid.
(e) Ameimar ruled that such a Get is valid.
(f) Rav Ashi: But Abaye disqualifies such a Get!
(g) Ameimar: I disagree with Abaye.
(h) Question: How does Ameimar explain the Mishnah?
165b---------------------------------------165b
(i) Answer: The Mishnah teaches that a tied Get with only two
witnesses is like a standard Get with only one witness:
just as the latter is invalid mid'Oraisa, also the
former.
3) THE QUESTION ASKED OF R. YIRMEYAH
(a) Support - Version #1 - Question (Chachamim of Eretz
Yisrael): Do we combine the testimonies of one signed
witness and one oral witness?
1. According to Chachamim that argue with R. Yehoshua
ben Korchah, who do not combine even two signed
witnesses or two oral witnesses unless they saw the
testimony together, all the more so, one signed
witness and one oral witness do not combine;
2. The question is according to R. Yehoshua ben
Korchah: does he combine two signed witnesses *or*
two oral witnesses, but not one signed witness and
one oral witness?
3. Or - even in this case, they combine?
(b) Answer (R. Yirmeyah): I believe that they combine.
(c) Rejection (of the support - Rav Ashi): We learned a
different version.
(d) Version #2 - Question (Chachamim of Eretz Yisrael): If
two witnesses testified, each in a different Beis Din,
may the Batei Din combine the testimonies?
1. According to Chachamim that argue with R. Noson,
even if they testified in one Beis Din they do not
combine (unless they testified together), all the
more so if they testified in different Batei Din;
2. The question is according to R. Noson: does he
combine two witnesses when they testified in one
Beis Din, not if they testified in two;
3. Or - even in this case, they combine?
(e) Answer (R. Yirmeyah): I believe that they combine.
(f) Version #3 (Mar bar Chiya) Question (Chachamim of Eretz
Yisrael): If two witnesses both testified in different
Batei Din, may judges of the Batei Din combine to rule on
the case?
1. According to R. Noson, we join witnesses who did not
testify together, all the more so, we join judges
(they are proficient);
2. The question is according to Chachamim that argue
with R. Noson: does he say that we do not combine
witnesses, but we combine judges;
3. Or - even judges do not combine?
(g) Answer (R. Yirmeyah): I believe that they combine.
(h) Version #4 (Ravina) Question (Chachamim of Eretz
Yisrael): If three judges sat to validate a document and
one of them died, must the other judges write (in the
validation) 'Three of us sat, and one died', or not?
(i) Answer (R. Yirmeyah): I believe that they must write
this. (End of Version #4)
(j) After this answer, R. Yirmeyah was allowed to enter the
Beis Medrash again (he was expelled after asking a
question which showed a wavering of belief in a teaching
of Chachamim).
4) UNSPECIFIC LANGUAGE IN A DOCUMENT
(a) (Mishnah): If a document says '100 Zuz, that are 20
Sela'im (which is 80 Zuz)' - the bearer only collects 20
Sela'im;
1. If it says '100 Zuz, that are 30 Sela'im' - the
bearer only collects 100 Zuz;
(b) If it says 'Kesef Sela'im (or Darchonos), that are...'
and the number was erased, we know it was at least two.
(c) If it says '100 Zuz' above (in the main text), and it
says 200 below (in the recap of the document), or
vice-versa, we follow what is written below.
(d) Question: If so, why do we write the top?
(e) Answer: If a letter is erased from the bottom, we can
learn from the top.
(f) (Gemara - Beraisa): If it says 'Kesef', this means at
least one silver Dinar;
1. If it says 'Kesef Dinarim' or 'Dinarim Kesef', this
means at least two;
2. If it says 'Kesef *b'*Dinarim', this means at least
two gold Dinarim worth of Kesef.
(g) Question: The Beraisa says that 'Kesef' means at least
one silver Dinar - perhaps he meant an ingot!
(h) Answer (R. Elazar): It says 'coins'.
(i) Question: Perhaps it means Perutos!
(j) Answer (Rav Papa): It is in a place where they do not
make silver Perutos.
(k) (Beraisa): If it says 'gold', this means at least one
gold Dinar;
1. If it says 'gold Dinarim' or 'Dinarim gold', this
means at least two;
2. If it says 'gold *b'*Dinarim', this means at least
two silver Dinarim worth of gold.
(l) Question: The Beraisa says that 'gold' means at least one
gold Dinar - perhaps he meant an ingot!
(m) Answer (R. Elazar): It says 'coins'.
(n) Question: Perhaps it means Perutos!
(o) Answer: They do not make gold Perutos (anywhere).
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