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1) SEIZURE BY CREDITORS

(a) Rav Papa and Rav Huna Brei d'Rav Yehoshua seized the boat. Rav Papa conducted it with oars; Rav Huna Brei d'Rav Yehoshua was leading it by the ropes; each said that he acquired it himself.
(b) Rav Pinchus Bar Ami: But Rav and Shmuel say, seizure only helps in a public domain!
(c) Rav Papa and Rav Huna Brei d'Rav Yehoshua: We seized the boat in the middle of the river, which is as a public domain.
(d) Rava: You are stealing! Rav Nachman ruled, seizure only works in the borrower's lifetime!
(e) Avimi, son of R. Avahu owed money. He sent Chama Brei d'Rabah Bar Avahu to pay it. After paying, he asked for the document; the creditors refused, saying that they took the money for an oral loan.

1. R. Avahu (to Chama): Do you have witnesses that saw you pay?
2. Chama: No.
3. R. Avahu: If so, Since they could say you didn't pay, they are believed to say they took payment for an oral loan.

(f) Question: Must the messenger suffer the loss?
(g) Answer (Rav Ashi): If he was told, take the document and give the money, he suffers the loss; if he was told, give the money and take the document, he is exempt.
(h) Rejection: No, in either case, he suffers the loss.

1. The borrower tells him, "I sent you to help me, not to mess me up"!

(i) A man had deposited documents by a woman he owed money to. After his death, his heirs requested the documents.

1. The woman: I seized them when he was alive, as collateral for my debt.
2. Rav Nachman: Do you have witnesses that he asked for his documents, and you refused to return them?
3. The woman: No.
4. Rav Nachman: If so, this is considered seizure after death, and it does not help.

(a) Rava judged a case, and ruled that the defendant must swear.

1. Rava's wife: I know that she is suspected to swear falsely!

(b) Rava changed his ruling, and said that the claimant will swear.
(c) Rava judged a case involving a document. Rav Papa told Rava that he knew that the document had been paid.

1. Rava: Do you have someone else that knows this?
2. Rav Papa: No.
3. Rava: If so, you are only 1 witness, your testimony does not help.
4. Rav Ada Bar Masna: Is Rav Papa less credible than your wife?!
5. Rava: I know my wife would not lie; I do not know about Rav Papa.

(d) Rav Papa: Now that you say that a judge may rely on someone that he knows does not lie, someone as my son Aba Mar, I would tear a document on his word.
(e) Question: Can that really be?!
(f) Correction: Rather, I will not allow one to collect with it (Tosfos - without swearing).

(a) Rav Bivi Bar Abaye ruled that a certain woman must swear to avoid paying. The claimant requested that she swear in her home city - perhaps she would be ashamed to swear falsely there.

1. The woman: First write for me a document saying that I swore and was acquitted.
2. Rav Bivi: Write it for her.
3. Objection (Rav Papi): But Rava said, if a confirmation of a document is written before the witnesses affirm the signatures, it is invalid!

i. A matter which appears false is invalid - here also (we cannot write that she swore before she swears)!

4. Rejection: From Rav Nachman, we see that Rav Papi is wrong.
5. (Rav Nachman): R. Meir used to say, if a man finds a Get in the trash with the proper names, if he told witnesses to sign it and gave it to his wife, she is divorced.
6. Chachamim only argue because they say that a Get must be written with intent for the man and woman - but they agree by other documents!

i. (Rav Asi): A document that was paid up may not be used for another loan, because its power to obligate payment had been pardoned.
ii. If not for this, it could be used - we are not concerned for the appearance of falsity!

4) JUDGMENTS BASED ON ESTIMATION

(a) A man deposited 7 pearls, wrapped in a garment, by R. Miyasha; R. Miyasha died, without leaving any instructions.

1. R. Ami: (We believe the man that claims to have deposited them). Firstly, R. Miyasha is not estimated to be rich. Secondly, the man has an identifying sign.

i. This only applies if the depositor is not frequent in the house; if he is, we are concerned that another man deposited them, and this man saw them there.

(b) A man deposited a gold cup by Chasa. Chasa died, without leaving any instructions.

1. Rav Nachman: I know that Chasa is not rich. Also, the man has an identifying sign.

i. This only applies if the depositor is not frequent in the house; if he is, we are concerned that another man deposited it, and this man saw it there.

(c) A man deposited a silk garment by Rav Dimi. Rav Dimi died, without leaving any instructions.

1. R. Aba: I know that Rav Dimi is not rich. Also, the man has an identifying sign.

i. This only applies if the depositor is not frequent in the house; if he is, we are concerned that another man deposited it, and this man saw it there.

(d) A (dying) man said, 'My property should go to Tuvya'. After he died, Tuvya showed up.

1. R. Yochanan: He gets the property.

(e) If he said, 'To Tuvya', and Rav Tuvya came - he said Tuvya, not Rav Tuvya.

1. If he is frequent by Rav Tuvya, he would call him Tuvya.

(f) If 2 men called Tuvya come, 1 is a neighbor, the other a Chacham - the Chacham receives it.

1. If 1 is a relative, the other a Chacham - the Chacham receives it.

(g) Question: Who comes first, a neighbor or a relative?
(h) Answer: "A close neighbor is better than a distant brother".
(i) If both are Chachamim, both relatives, both neighbors - the judge gives it as he sees fit.

(a) (Rava): This that Shmuel said, one who sells a loan document may pardon the debt; even the heir of the seller may pardon it - but a woman that brought a loan document into marriage, she cannot pardon the debt, since her husband has an equal hand in her property.
(b) A relative of Rav Nachman sold her Kesuvah (the buyer will collect it if she is widowed or divorced). She was divorced, then died. The buyer came to collect from her daughter (who inherited her).

1. Rav Nachman: Will no one counsel her to pardon her father's obligation to pay her mother's Kesuvah (and then she will inherit that money from her father)?