1)

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

(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-M'ra when he wrote the Sh'tar, Rebbi Meir holds 'Tzarich Lehavi Re'ayah'. According to Rav Huna, this means 'Re'ayah be'Eidim', by which he means that - since the Mishnah is speaking where the benefactor is now a Bari, he must bring witnesses to prove that he was a Shechiv-M'ra when he wrote the Sh'tar (like Rebbi Nasan).

(b)Whereas the Chachamim say 'ha'Motzi me'Chavero, alav ha'Re'ayah' - because 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 Sh'tar.

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 Sh'tar'.

(b)They disagree with Rav Huna in that - even the Chachamim hold like Rebbi Nasan (that the benefactor must bring a proof that he was a Shechiv-M'ra when he wrote the Sh'tar).

(c)According to them, the Chachamim and Rebbi Meir argue over whether the beneficiary is obligated to substantiate his Sh'tar (the Chachamim), or not (Rebbi Meir.

(d)And the basis of their Machlokes is - whether 'Modeh bi'Sh'tar 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 Sh'tar, 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 them?

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

(d)Seeing as they have already presented 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 Sh'tar, but who then claim 'Anusim Hayinu', 'Ketanim Hayinu' or 'Pesulim Hayinu', they are believed - due to the principle 'ha'Peh she'Asar, hu ha'Peh she'Hitir' (the same mouth that forbade, permits).

(b)Rebbi Meir in a Beraisa disagrees with them - because once the witnesses substantiate their signatures, we assume the Sh'tar 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'Sh'tar, Tzarich le'Kaymo' (the Chachamim) or 'Eino Tzarich le'Kaymo' (Rebbi Meir).

(d)Despite the fact that they have already presented 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 the witnesses invalidate the Sh'tar, 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. How did he counter Abaye'ss suggestion that perhaps this was because the Sh'tar lacked the clause (generally contained in the Sh'tar 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. What does Resh Lakish say.

(d)Rebbi Yochanan queried Resh 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?

(e)When the purchasers asked Rebbi Akiva for permission to examine the deceased brother's body, to ascertain that he was a Gadol when he died, on what grounds did he initially decline to grant it?

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 Sh'tar lacked the clause (generally contained in the Sh'tar 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 Sh'tar of a Shechiv-M'ra).

(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 different wording]).

(c)Rebbi Yochanan too, holds like Rav Huna, whereas Resh Lakish holds 'Re'ayah be'Kiyum ha'Sh'tar' (like Rav Chisda and Rabah bar Rav Huna).

(d)Rebbi Yochanan queried Resh 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.

(e)When the purchasers asked Rebbi Akiva for permission to examine the deceased brother's body, to ascertain that he was a Gadol when he died, he declined on the grounds that - it is disrespectful to examine a dead body in this way.

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)When this She'eilah came before Rebbi Akiva, he was - in B'nei 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 Sh'tar, they would not have discussed examining the seller's body?

6)

(a)How did Resh 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 tried 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)Resh 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 Sh'tar, because they did not have it.

(b)And he tried 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 had been 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 Resh Lakish's sails - by his two-part ruling. When he added that anyway, those 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)Resh Lakish queried Rebbi Yochanan from a Beraisa cited by bar Kapara, where Reuven argued that the field that Shimon was claiming belonged really belonged to *him*. What does the Tana rule there, if Shimon produced a Sh'tar 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 Sh'tar Pasim or a Sh'tar Amanah (and he had not yet paid)?

(b)What is ...

1. ... 'a Sh'tar Pasim'?

2. ... 'a Sh'tar Amanah'?

(c)Resh Lakish asked whether the author of this Beraisa was Rebbi Meir, who says 'Modeh bi'Sh'tar 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 Resh 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)Resh Lakish queried Rebbi Yochanan from a Beraisa cited by bar Kapara, where Reuven argued that the field that Shimon was claiming belonged really belonged to *him*. and Shimon produced a Sh'tar Mechirah to prove that he sold it to him. The Tana rules there that, in the event that Reuven ...

1. ... denies having written the Sh'tar - Shimon must substantiate it.

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

(b)A 'Sh'tar ...

1. ... Pasim' is a Sh'tar 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)Resh Lakish asked whether the author of this Beraisa was Rebbi Meir, who says 'Modeh bi'Sh'tar she'Kasvo, Ein Tzarich Lekaymo' (in the Beraisa that we quoted earlier), to which Rebbi Yochanan replied that - in his opinion, the Rabbanan agree with Rebbi Meir that ' ... Eino Tzarich Lekaymo'.

(d)When (in connection with the Beraisa that we discussed a little earlier) Resh 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'Sh'tar 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 explains 'be'Kiyum Sh'tar').

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 Rabbanan?

(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 Rabbanan like they are quoted in our Mishnah and b. Rebbi Yochanan himself, who said earlier 'Re'ayah be'Eidim' (whereas Resh Lakish said 'Re'ayah be'Kiyum ha'Sh'tar')?

(d)Earlier on the Amud, we cited Rebbi Yochanan, who queried Resh 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 Resh 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-M'ra 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 with them]).

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

(d)Earlier on the Amud, we cited Rebbi Yochanan, who queried Resh 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 Resh Lakish who asked Rebbi Yochanan - because we will then interpret the Kashya differently, as we will now see.

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