1)

(a)If the benefactor and the beneficiary argue over whether the former was a Bari or a Shechiv-Mera when he wrote the Shtar, Rebbi Meir holds 'Tzarich Lehavi Re'ayah'. How is the Mishnah speaking? What does Rav Huna mean when he says 'Re'ayah be'Eidim'?

(b)On what basis do the Chachamim then say 'ha'Motzi me'Chavero, Alav ha'Re'ayah'?

1)

(a)If the benefactor and the beneficiary argue over whether the former was a Bari or a Shechiv-Mera when he wrote the Shtar, Rebbi Meir holds 'Tzarich Lehavi Re'ayah'. According to Rav Huna, this means 'Re'ayah be'Eidim' that since the Mishnah is speaking where the benefactor is now a Bari, he must bring witnesses to prove that he was a Shechiv-Mera when he wrote the Shtar (like Rebbi Nasan).

(b)Whereas according to the Chachamim, we go after the Chezkas Mamon [like Rebbi Ya'akov]), and the onus lies on the beneficiary to prove that the benefactor was a Bari at the time when he wrote the Shtar.

2)

(a)How do Rav Chisda and Rabah bar Rav Huna interpret the word 'Re'ayah'?

(b)On what grounds do they disagree with Rav Huna?

(c)What is then the Machlokes between Rebbi Meir and the Chachamim, according to them?

(d)And what is the basis of their Machlokes?

2)

(a)According to Rav Chisda and Rabah bar Rav Huna, 'Re'ayah' means 'proof to substantiate the Shtar'.

(b)Rav Chisda and Rabah bar Rav Huna disagree with Rav Huna disagree with Rav Huna in that even the Chachamim hold like Rebbi Nasan (in which case, they too concede that the benefactor must bring a proof that he was a Shechiv-Mera when he wrote the Shtar).

(c)According to them the Chachamim hold that the beneficiary is obligated to substantiate his Shtar, whereas Rebbi Meir maintains that he does not.

(d)And the basis of their Machlokes is whether 'Modeh bi'Shtar she'Kasvo Tzarich Lekaymo (the Chachamim) or not (Rebbi Meir).

3)

(a)In the Mishnah in Kesuvos, the Chachamim say that if after substantiating their own signatures on a Shtar, witnesses then claim 'Anusim Hayinu', 'Ketanim Hayinu' or 'Pesulim Hayinu', they are believed. Why is that?

(b)On what grounds does Rebbi Meir in a Beraisa disagree with this?

(c)What exactly, is the basis of their Machlokes?

(d)Seeing as they already present this Machlokes once, why do they find it necessary to present it a second time? What might we have thought had ...

1. ... the Chachamim not repeated their ruling here?

2. ... Rebbi Meir not repeated his ruling there?

3)

(a)The Chachamim hold in the Mishnah in Kesuvos that if witnesses substantiate their own signatures on a Shtar, but who then claim 'Anusim Hayinu', 'Ketanim Hayinu' or 'Pesulim Hayinu', they are believed because 'ha'Peh she'Asar, Hu ha'Peh she'Hitir' (Beis-Din have to believe them because had they wanted, they could have remained silent to begin with).

(b)Rebbi Meir in a Beraisa disagrees with this because once the witnesses substantiate their signatures, we assume the Shtar to be Kosher (and they are not believed to invalidate it, even with a 'Peh she'Asar').

(c)The basis of their Machlokes is whether 'Modeh bi'Shtar, Tzarich le'Kaymo' (the Chachamim) or 'Eino Tzarich le'Kaymo' (Rebbi Meir).

(d)Despite the fact that they already present this Machlokes once, they find it necessary to present it a second time, because, had ...

1. ... the Chachamim not repeated their ruling here, we might have thought that it is only when witnesses invalidate the Shtar, that they are believed, but not the borrower (even with a 'Peh she'Asar').

2. ... Rebbi Meir not repeated his ruling there, we might have thought that it is only the borrower who is not believed, but witnesses are.

4)

(a)Rabah agrees with Rav Huna, that when the Chachamim in our Mishnah say 'ha'Motzi me'Chavero, Alav ha'Re'ayah', they mean with witnesses. What did he reply when Abaye suggested that perhaps this was because the Shtar lacked the clause (generally contained in the Shtar of a Bari) stating that the benefactor was 'walking on his two feet'?

(b)Then what is the Chachamim's reason, according to Rabah?

(c)Rebbi Yochanan too, holds like Rav Huna, whereas Reish Lakish holds 'Re'ayah be'Kiyum ha'Shtar' (like Rav Chisda and Rabah bar Rav Huna). Rebbi Yochanan queried Reish Lakish from a Beraisa. When one of the heirs sold some property of the father's estate and died, what was the bone of contention between the remaining brothers and the purchaser?

(d)What did Rebbi Akiva rule when the purchasers asked for permission to examine the deceased brother's body, to ascertain that he was a Gadol when he died?

4)

(a)Rabah agrees with Rav Huna, that when the Chachamim in our Mishnah say 'ha'Motzi me'Chavero, Alav ha'Re'ayah', they mean with witnesses. When Abaye suggested that perhaps this was because the Shtar lacked the clause (generally contained in the Shtar of a Bari) stating that 'the benefactor was walking on his two feet' Rabah countered that neither did it contain the clause that he was ill and bedridden (generally contained in the Shtar of a Shechiv-Mera).

(b)According to Rabah, the Chachamim's reason is because seeing as we now have a Safek, we apply the principle 'Uki Mamona be'Chezkas Mareih' (as we explained earlier [using a different phrase]).

(c)Rebbi Yochanan too, holds like Rav Huna, whereas Reish Lakish holds 'Re'ayah be'Kiyum ha'Shtar' (like Rav Chisda and Rabah bar Rav Huna). Rebbi Yochanan queried Reish Lakish from a Beraisa, which discusses a case where one of the heirs sold some property of the father's estate and died. The bone of contention between the remaining brothers and the purchaser was whether he was a Gadol when he sold the property or not.

(d)When the purchasers asked for permission to examine the deceased brother's body, to ascertain that he was a Gadol when he died, Rebbi Akiva ruled a. that it was disrespectful to make such an examination on a dead body, and b. that anyway, the signs puberty tend to change after death (in which case, even if he were now to appear to have been a Gadol when he died, this may not have been the case).

5)

(a)Where was Rebbi Akiva when this She'eilah came before him?

(b)What was Rebbi Yochanan trying to prove from there?

5)

(a)This She'eilah came before Rebbi Akiva in Bnei Brak.

(b)Rebbi Yochanan was trying to prove from there that it must have been a question of proving that the seller was a Gadol when he sold the property, because, had it been a question of substantiating the Shtar, they would not have discussed examining the seller's body?

6)

(a)How did Reish Lakish refute Rebbi Yochanan's proof? In whose possession was the property, and who was the claimant, according to him?

(b)And how did he attempt to prove his point from the claimant's silence?

(c)Based on Rebbi Akiva's complete ruling, how do we refute that proof?

6)

(a)Reish Lakish refuted Rebbi Yochanan's proof by switching the roles of the claimant and the defendant. The property, he argued, was already in the possession of the purchaser, and the claimant was the brothers, who could not possibly have been instructed to substantiate the Shtar, because they did not have it.

(b)And he attempted to prove his point from the claimant's silence which makes sense if the claimant was the brothers (who would have accepted Rebbi Akiva's ruling out of respect for their own flesh and blood). Whereas if the claimant was the purchaser, he ought to have insisted on the inspection taking place in order to substantiate his claim.

(c)We refute that proof however, based on Rebbi Akiva himself who took the wind out of Reish Lakish's sails by his two-part ruling. When he said that a. it was disrespectful to make such an examination on a dead body, and b. anyway, these signs tend to change after death, he meant that even if they were to insist on examining the body, the examination would be inconclusive (in which case it would have been futile to insist).

154b----------------------------------------154b

7)

(a)Reish Lakish queried Rebbi Yochanan from a Beraisa cited by bar Kapara, where Reuven claims that the field that Shimon claimed was his, really belonged to him. What does the Tana rule there, if Shimon produces a Shtar to prove that he sold it to him or gave it to him as a gift, in the event that Reuven ...

1. ... denies having written it?

2. ... counters that it was a Shtar Pasim or a Shtar Amanah (and he had not yet paid)?

(b)What is ...

1. ... 'a Shtar Pasim'?

2. ... 'a Shtar Amanah'?

(c)Reish Lakish asked whether the author of this Beraisa was Rebbi Meir, who says 'Modeh bi'Shtar she'Kasvo, Ein Tzarich Lekaymo' (in the Beraisa that we quoted earlier). What did Rebbi Yochanan reply?

(d)And what did Rebbi Yochanan reply, when Reish Lakish quoted him (in connection with the Beraisa that we discussed a little earlier) as having justified the claim of the remaining brothers that their deceased brother had been a Katan when he sold their father's property?

7)

(a)Reish Lakish queried Rebbi Yochanan from a Beraisa cited by bar Kapara, where Reuven counters that the field that Shimon's claims is his, really belongs to him, and Shimon produces a Shtar Mechirah to prove that he sold it to him. The Tana rules there that, in the event that Reuven ...

1. ... denies having written the Shtar Shimon must substantiate it.

2. ... counters that it was a Shtar Pasim or a Shtar Amanah and he had not yet paid) we follow the witnesses, if there are any, and the Shtar, if there are not.

(b)A 'Shtar ...

1. ... Pasim' is a Shtar that one person asks another to write for him, to create the impression that he is a wealthy landowner ('Pasim' from the word 'Lefayeis' to appease or to plead).

2. ... Amanah' is a document of sale written on trust (from the word 'Eimun') assuming that the Malveh will give the debtor the money later.

(c)Reish Lakish asked whether the author of this Beraisa was Rebbi Meir, who says 'Modeh bi'Shtar she'Kasvo, Ein Tzarich Lekaymo' (in the Beraisa that we quoted earlier), to which Rebbi Yochanan replied that in his opinion, the Rabanan agree with Rebbi Meir that ' ... Eino Tzarich Lekaymo'.

(d)When (in connection with the Beraisa that we discussed a little earlier) Reish Lakish quoted Rebbi Yochanan as having justified the claim of the remaining brothers that their deceased brother had been a Katan when he sold their father's property, Rebbi Yochanan replied that this was a statement made by Rebbi Elazar, and not by him.

8)

(a)Rebbi Zeira queried Rebbi Yochanan from Rebbi Yanai. What was the relationship between Rebbi Yanai and Rebbi Yochanan?

(b)What did Rebbi Yanai quote Rebbi as saying?

(c)Rebbi Yochanan asked Rebbi Yanai that this was already stated by our Mishnah. To what was he referring? How does Rebbi Yochanan now interpret the 'Re'ayah' of the Chachamim?

8)

(a)Rebbi Zeira queried Rebbi Yochanan from Rebbi Yanai who was his Rebbe ...

(b)... and who quoted Rebbi as saying 'Modeh bi'Shtar she'Kasvo, Tzarich Lekaymo'.

(c)Rebbi Yochanan asked on Rebbi Yanai that this was already stated by our Mishnah where the Chachamim said 'ha'Motzi me'Chaveiro, Alav ha'Re'ayah' (which he interprets 'be'Kiyum Shtar').

9)

(a)We explain Rebbi Yochanan's statement ' ... Divrei ha'Kol Eino Tzarich Le'kaymo', by citing Rav Yosef. How does Rav Yosef Amar Rav Yehudah Amar Shmuel present the Machlokes in our Mishnah between Rebbi Meir and the Rabanan?

(b)How will this help us to explain Rebbi Yochanan's statement? Why did he say 'Divrei ha'Kol, Eino Tzarich Le'kaymo', seeing as Rebbi Meir disagrees?

(c)In light of this explanation, how will we now explain a. the Beraisa, which quotes the opinions of Rebbi Meir and the Rabanan like they are quoted in our Mishnah and b. Rebbi Yochanan himself, who said earlier 'Re'ayah be'Eidim' (whilst Reish Lakish said 'Re'ayah be'Kiyum ha'Shtar')?

(d)Earlier on the Amud, we cited Rebbi Yochanan, who queried Reish Lakish from the Beraisa of Rebbi Akiva (that Re'ayah must mean 'Re'ayah be'Eidim'). Why does this not necessarily mean that we must also switch the Kashya, and that it was Reish Lakish who really queried Rebbi Yochanan?

9)

(a)We explain Rebbi Yochanan's statement ' ... Divrei ha'Kol Eino Tzarich Lekaymo' by citing Rav Yosef Amar Rav Yehudah Amar Shmuel who inverts their opinions, first the Chachamim ('Tzarich Lehavi Re'ayah she'Shechiv-Mera Hayah, and then Rebbi Meir 'ha'Motzi me'Chaveiro, Alav ha'Re'ayah'.

(b)Consequently, when Rebbi Yochanan said 'Divrei ha'Kol, Eino Tzarich Lekaymo', he was referring to the Chachamim, who are the majority (and whose opinion he considers unanimous [even though Rebbi Meir disagrees]).

(c)In light of this explanation we will also invert a. the Beraisa, which quotes the opinions of Rebbi Meir and the Rabanan like they are quoted in our Mishnah, and b. Rebbi Yochanan himself, who said earlier 'Re'ayah be'Eidim' (whilst Reish Lakish said 'Re'ayah be'Kiyum ha'Shtar').

(d)Earlier on the Amud, we cited Rebbi Yochanan, who queried Reish Lakish from the Beraisa of Rebbi Akiva (that Re'ayah must mean 'Re'ayah be'Eidim'). This does not mean that we must also switch the Kashya, and that it was Reish Lakish who asked Rebbi Yochanan because we will then interpret the Kashya differently, as we shall now see.

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