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BAVA BASRA 176
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[176a - 46 lines; 176b - 5 lines]


1)
[line 7] HUCHZAK KESAV YADO B'VEIS DIN - if his signature was known to Beis Din (such as when he previously admitted and affirmed his signature on the document in Beis Din and they wrote a document of confirmation for the bearer of the document (RASHBAM), or when witnesses testified in court that this signature indeed is the signature of the borrower (RABEINU GERSHOM)
2)
[line 10] SHELOSHAH GITIN PESULIN - there are three types of Gitin (sing. Get) which are invalid [mid'Rabanan, while mid'Oraisa they are valid]
3)
[line 17] (MI')[BI']SHE'AS KESIVAH HU D'SHI'ABED NAFSHEI - [those cases are different, because] at the time of the writing of the Shtar he obligated himself (making his property a lien to the loan; in contrast, when he merely signed his signature on an "I.O.U." document, he had no intention to subjugate his property to the loan) (RASHBAM)
4a)
[line 25] PELONI AREV - [it is written at the end of the Shtar, before the signatures of the witnesses,] "So-and-so is a guarantor." (In such a case, there is a concern that the witnesses signed below only signed in attestation to the debt itself that is written in the Shtar, and not to the commitment of the guarantor.)
  b)
[line 25] U'PELONI AREV - [it is written at the end of the Shtar, before the signatures of the witnesses,] "And so-and-so is a guarantor." (In which case, it is clear that the witnesses signed below signed in attestation to the debt itself that is written in the Shtar, and to the commitment of the guarantor.)
5)
[line 27] EDIM HE'CHASUMIN AL SHE'EILAS SHALOM B'GET - witnesses who are signed on (i.e. below) the salutation [at the end] of a Get, a bill of divorce (or other type of Shtar)
6)
[line 31] L'DIDI MEFARSHA LEI MINEI D'REBBI YOCHANAN - the statement made by Rebbi Yochanan was explained to me [as follows]
7a)
[line 32] SHE'ILU PASUL - [if the witnesses signed the Get after the words telling them to] "inquire [about his welfare]," then the Get is invalid [because we are concerned that the witnesses are attesting only to the words of greeting and not to the rest of the contents of the Get]
  b)
[line 32] U'SHE'ILU KASHER - [if the witnesses signed the Get after the words telling them,] "and inquire [about his welfare]," then the Get is valid [because the word "and" connects the words of greeting with the earlier contents of the Get, and thus we assume that the witnesses attested to everything written therein]
8)
[line 36] KILES - he praised
9)
[line 37] B'CHANUK MAH LI AMAR REBBI YISHMAEL - in the case of a person being choked (by a creditor trying to extract money from him), what would Rebbi Yishmael say?
10)
[line 39] CHALUK HAYAH - he was in disagreement


176b----------------------------------------176b


11)
[line 1] AREV D'VEIS DIN - (a) a person who accepted his obligation to be a guarantor in the presence of Beis Din (RAMAH); (b) a person who was appointed by Beis Din to be a guarantor, such as when Beis Din wanted to collect payment from a debtor and this person said to Beis Din, "Leave him alone and I will guarantee his loan" (RAMBAM Hilchos Malveh v'Loveh 25:2, NIMUKEI YOSEF)
12)
[line 2] BI'SHE'AS MATAN MA'OS - at the time of the giving of the money [of the loan] (since the lender gave the money to the borrower only on the word of the Arev, the Arev becomes fully obligated even without a formal act of Kinyan)

*****HADRAN ALACH GET PASHUT*****


*****U'SLIKA LAH MASECHES BAVA BASRA*****


*****TAM V'NISHLAM SHEVACH LA'KEL BOREI OLAM*****

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