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Bava Metzia Chart #5

Bava Metzia Daf 13b

WHEN ONE FINDS A SHTAR CHOV THAT IS NOT MEKUYAM,
AND IT DOES NOT HAVE ACHRAYUS NECHASIM WRITTEN IN IT,
MAY ONE RETURN IT TO THE MALVEH?(1)
  (A)
THE LOVEH ADMITS OWING THE MONEY 		(B)
THE LOVEH DENIES OWING THE MONEY
1) RAV ASI
(and perhaps REBBI YOCHANAN(2)		 R. Meir: He returns it(3)
Rabanan: He may not return it 		He may not return it(4)
2) ABAYE
(and perhaps REBBI YOCHANAN(2)		 R. Meir: He returns it(3)
Rabanan: He may not return it		 He may not return it(4)
3) REBBI ELAZAR,
SHMUEL(5) 		He returns it(6) R. Meir: He returns it(7)
Rabanan: He may not return it
==========
FOOTNOTES:
==========
 (1) See also Chart #4.
(2) Rebbi Yochanan holds either like Rav Asi or like Abaye, who explain that the Mishnah is discussing a case where the Loveh admits that he owes money. See also Chart #4.
(3) The reason for Rebbi Meir's view is that a Shtar which does not contain Achrayus cannot be used to collect the loan from Nechasim Meshu'abadim, and therefore there is no fear that the Malveh will collect the loan from Lekuchos unlawfully, such as if the Shtar was written in Nisan and the money was not borrowed until Tishrei (Rav Asi), or that a conspiracy is being made between the Loveh and Malveh to cheat the Lekuchos (Abaye).
(4) Since the Loveh claims that the Shtar is a forgery, the Shtar needs Kiyum, but since the Shtar has been lost we have strong reason to doubt its validity, and even if witnesses testify to the authenticity of the signatures written in it, we still must be concerned for the Loveh's claim that it is a perfect forgery (Rashi DH Shmuel). Therefore, we do not return the Shtar to the Malveh, even to use as a bottle-stopper, lest it be forgotten that it fell from him and he is Mekayem it in Beis Din and collects with it.
(5) Shmuel holds like Rebbi Elazar in this regard if we say (like one option the Gemara suggests on 13a) that Shmuel holds like Abaye -- that the signatures of the witnesses make the Shtar take effect (and the property of the Loveh becomes Meshu'abad to the Malveh) as soon as it is written. (If Shmuel holds like Rav Asi, who argues with Abaye, then he will explain that the Mishnah like Rav Asi explains it, as the Gemara on 13a says.)
(6) This is because a Shtar that has no Achrayus written in it cannot be collected from Nechasim Meshu'abadim according to everyone. Therefore, there is nothing to fear by giving it back to the Malveh (as in footnote #3 above). According to Rebbi Meirlk, such a Shtar cannot be used even to collect from Nechasim B'nei Chorin.
(7) According to Rebbi Meir, the Shtar is returned to the Malveh merely for him to use as a bottle-stopper, because Rebbi Meir holds that a Shtar which does not contain Achrayus cannot be used to collect the loan at all. According to the Rabanan, the Shtar is valid and may be used to collect from Nechasim B'nei Chorin, and therefore one may not return it to the Malveh (because the Loveh denies owing the money; as in footnote #4 above).

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