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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 167
BAVA BASRA 167 - sponsored by Mr. and Mrs. D. Kornfeld with warm Mazel Tov
blessings to the newlyweds, Eli and Chaya Abeles. May they merit to build
together a Bayis Ne'eman b'Yisrael that will be a pride to their dear
parents and to all of Klal Yisrael!
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1) FORGERS' TRICKS
(a) (Abaye): If someone wants that Beis Din should have his
signature (to validate documents), he should not sign at
the bottom of a parchment, lest a swindler will find it,
and write above it 'I owe you (a large amount of) money';
1. (Mishnah): Reuven brought a document against Shimon,
Shimon was signed below - Reuven collects from
Shimon's unsold property.
(b) A (Yisrael) tax collector asked Abaye 'Show me your
signature - I will exempt Chachamim bearing your
signature from the tax'.
1. Abaye went to sign at the top; the tax collector was
moving the parchment, so the signature would be at
the bottom.
2. Abaye: Chachamim already anticipated your scheme
(and taught how to defend oneself).
(c) (Abaye): One should not (spell out in Arame'ic) a number
between three and ten at the end of a line in a document,
lest the bearer will add letters to make it larger (30,
40...90 or 20);
1. If that is where the number must be written, he
should repeat it in the document - surely, at some
point it will come out in the middle of a line
(where added letters would be a blatant forgery).
(d) A document said 'A third *b*'Pardisa (of an orchard); the
bearer erased the top and bottom of the 'Beis', leaving a
'Vov', so it would say *v*'Pardisa (*and* an orchard).
1. Abaye: Why is there space between the 'Vov' and
'Pardisa'?!
2. Abaye forced him, he admitted to his forgery.
(e) A sale document said 'The portion of Reuven and Shimon
Achei (brothers)'; they had another brother 'Achi', the
buyer added a 'Vov' making it read 'v'Achi'.
1. Abaye: Why is the 'Vov' so close to the previous
word?!
2. Abaye forced him, he admitted to his forgery.
(f) Rava and Rav Acha bar Ada were signed on a document; it
came in front of Rava.
(g) Rava: Indeed, that is my signature - but I never signed
in front of Rav Acha!
1. Rava forced the bearer, he admitted to his forgery.
2. Rava: Granted, you were able to forge my signature -
but Rav Acha's hand shakes, how could you forge his
signature?
3. Version #1 - The forger: I was holding the rope that
people hold when they cross the narrow bridge.
4. Version #2 - The forger: I was standing on a bucket
(and wobbling).
2) WRITING A DOCUMENT IN THE ABSENCE OF ONE PARTY
(a) (Mishnah): We may write a Get for a man, even in the
absence of his wife; we may write a receipt for a woman
(that she received her Kesuvah), even in the absence of
her (ex-)husband, as long as we recognize them (this will
be explained); the husband pays the scribe.
167b---------------------------------------167b
(b) We may write a loan document for a borrower, even in the
absence of the lender; we may not write for the lender in
the absence of the borrower; the borrower pays the
scribe.
(c) We may write a sale document for a seller, even in the
absence of the buyer, but not vice-versa; the buyer pays
the scribe.
(d) We only write documents of Kidushin or Nisu'in (a
Kesuvah) with consent of both parties; the Chasan pays
the scribe.
(e) We only write documents of Arisus (sharecropping) or
rental of land with consent of both parties; the worker
or renter pays the scribe.
(f) We only write documents of Birurin (this will be
explained) and all actions of Beis Din with consent of
both parties; both parties share the scribe's fee;
(g) R. Shimon ben Gamliel says, one copy is written for each
party.
(h) (Gemara) Question: What does it mean 'as long as we
recognize them'?
(i) Answer (Rav Yehudah citing Rav): Regarding a Get, we must
recognize the husband (that this is his name); regarding
a receipt, we must recognize the (ex-)wife.
(j) Question (Rav Safra...): Don't we also need to recognize
the wife in a Get, and the husband in a receipt?
1. Version #1 (Rashbam): Perhaps he will write a Get
for another man's wife, to (fraudlently) permit her,
or she will write and give a receipt for another
man!
2. Version #2 (Tosfos, according to Bach): Perhaps he
will write a Get for the wife of another man (with
the same name as himself), to enable her to
(fraudulently) collect her Kesuvah, or she will
write and give a receipt for another man (whose wife
has the same name as herself)!
(k) Answer (Abaye citing Rav): Regarding a Get, we must
recognize the husband, and also the wife; regarding a
receipt, we must recognize the (ex-)wife, and also the
husband.
(l) Question: We should be concerned that there are two
people (really, couples) in the city with the same names
(Yosef ben Shimon, Leah bas Yakov), lest one will write a
Get for the other's wife!
(m) Answer (Rav Acha bar Huna citing Rav): This teaches that
if there are two people named Yosef ben Shimon in the
city, neither can divorce his wife unless the other is
present.
(n) Question: Even if there is only one Yosef ben Shimon,
perhaps Reuven will go to another city, call himself
Yosef ben Shimon, and (after this is established to be
his name) write a Get for Yosef's wife!
(o) Answer (Rav Huna bar Chinena citing Rav): Once a person
established his name in a city for 30 days, we are not
concerned that this is false (he would be afraid to lie
for so long, lest the truth be discovered).
(p) Question: What is the law if someone who established his
name in a city for less than 30 days wants to divorce his
wife?
(q) Answer (Abaye): If he answers when the name is called, we
assume it is his name.
(r) Rejection (Rav Zvid): A swindler is very careful (he will
answer; therefore, one must wait 30 days before he can
divorce).
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