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1) ARE WE CONCERNED LEST A DOCUMENT WAS DROPPED?

(a) (Mishnah): Two brothers, Reuven (who is rich) and Shimon (who is poor) inherited a bathhouse and an olivepress:

1. If their father made them to rent out, they do so, and share the income;
2. If the father made them for his own use, the brothers use it themselves;

i. (If Shimon wants to rent them out (because he has little use for them)), Reuven can refuse, and say 'Go buy slaves and they can bathe, buy olives and press them!'

(b) If two men in a city have the same name (Yosef ben Shimon), neither can use a document to claim money from the other, no one can use a document to claim money from either of them;

1. If Levi found among his documents a note saying 'The document of Yosef ben Shimon was paid' (and he does not know which), he cannot collect a loan from either of them.

(c) To avoid these problems, documents for them should include the grandfather's name;

1. If their grandfathers had the same name, we add a sign to distinguish them (e.g. the short Yosef ben Shimon);
2. If there is no sign to distinguish them, if one is a Kohen, we use that for the sign.

(d) (Gemara): A document came to Rav Huna's Beis Din, it said 'I, Ploni ben Almoni, borrowed 100 Zuz from you'.

(e) Version #1 (Rashbam) Rav Huna: 'From you' could even mean 'from the Reish Galusa or Shevor Malka' (who normally do not lend money - we are concerned that the bearer of the document is not the lender, he cannot collect).
(f) Version #2 (Tosfos) Rav Huna - Question: 'From you' - could this even mean 'from the Reish Galusa or Shevor Malka' (i.e. even one of them could collect), or is it meaningless (and no one may collect)?
(g) (According to Tosfos - Answer) (Rabah - Beraisa - Aba Sha'ul): If a Get has witnesses but no date, but it says 'I divorced you today', it is Kosher.

1. Inference: We assume that 'Today' means the day it comes in front of us;
2. Likewise, 'From you' means the person holding it!

(h) Question (Abaye): Perhaps Aba Sha'ul holds like R. Eliezer, who says that a document is empowered by the witnesses that saw it given (therefore, the Get is Kosher without any date), but here we are concerned that the lender dropped it!
(i) Answer (Rabah): We are not concerned lest it was dropped.
(j) Question: What is his source that we are not concerned lest it was dropped?
(k) Answer (Mishnah): If two men in a city have the same name (Yosef ben Shimon), neither can use a document to claim money from the other, no one can use a document to claim money from either of them.

1. Inference: Either of them can use a document to claim money from someone else.
2. If we are concerned that a document was dropped, neither of them should be able to collect (perhaps the other dropped it)!

(l) Rejection (Abaye): There, the only concern is that one Yosef ben Shimon dropped it and the other found it - that is unlikely, we are not concerned;

1. In Rav Huna's case, the document could have fallen from anyone, we are concerned.