1)

(a)With regard to 'Hotzi Alav K'sav Yado ...' in our Mishnah, Rabah bar Nasan asked Rebbi Yochanan wh Din will be in in case of 'Huchzak K'sav Yado be'Beis-Din'?' What is the case?

(b)Why did Rabah bar Nasan think that the creditor might be permitted to claim Meshubadim any more than the case in our Mishnah?

(c)In that case, why did Rebbi Yochanan reply in the negative?

1)

(a)) With regard to 'Hotzi Alav K'sav Yado ...' in our Mishnah, Rabah bar Nasan asked Rebbi Yochanan wh Din will be in in case of 'Huchzak K'sav Yado be'Beis-Din' - where some time after handing his i.o.u. to the creditor, he arrives in Beis-Din to verify his signature.

(b)Rabah bar Nasan thought that the creditor might be permitted to claim Meshubadim more than the case in our Mishnah - because once his signature has been verified by Beis-Din, it is like a Milveh bi'Sh'tar.

(c)Nevertheless, Rebbi Yochanan replied in the negative - because verifying a Sh'tar in front of Beis-Din can only substantiate its status, but not advance it (from a Milveh al Peh to a Milveh bi'Sh'tar).

2)

(a)The Beraisa cites three cases of a Pasul Get: 1. One which the husband wrote himself, but which is not signed by witnesses; 2. where there are witnesses, but no date. What is the third?

(b)In the event that the woman uses one of these Gitin to remarry, what is the status of the child that is subsequently born?

(c)What does Rebbi Elazar hold in a case where witnesses did not sign in the Sh'tar, but they did witness its handing over to the woman?

(d)And what does is he referring to when he adds 've'Govin mi'Nechasim Meshubadim'?

2)

(a)The Beraisa cites three cases of a Pasul Get: 1. One which the husband wrote himself, but which is not signed by witnesses; 2. where there are witnesses, but no date, and 3. - where there is a date but only one witness.

(b)In the event that the woman uses one of these Gitin to get married - the child that is subsequently born is Kasher.

(c)In a case where witnesses did not sign in the Sh'tar, but they did witness its handing over to the woman - Rebbi Elazar holds that it is Kasher Lechatchilah.

(d)And when he adds - 've'Govin mi'Nechasim Meshubadim', he is referring to a Sh'tar-Chov under the same circumstances.

3)

(a)What Kashya does Rami bar Chama ask from this Beraisa on Rebbi Yochanan?

(b)What do we mean when we answer 'Sha'ani Hasam de've'Sha'as Kesivah Hu de'Shibed Nafsho'? What is the difference between the two cases?

3)

(a)Rami bar Chama ask from this Beraisa on Rebbi Yochanan - that, if producing a Sh'tar-Chov without witnesses enables the creditor to claim from Meshubadim, how much more so if the debtor verifies his signature in front of Beis-Din (so why did Rebbi Yochanan rule otherwise)?

(b)When we answers 'Sha'ani Hasam de've'Sha'as Kesivah Hu de'Shibed Nafsho', we mean - that Rebbi Elazar's case is different, inasmuch as when he wrote the Sh'tar, he did so having in mind to hand it over in the presence of witnesses (in which case it is as if they had actually signed in the Sh'tar), unlike the case of Rebbi Yochanan, where this was never intended, and where the Sh'tar, which did not resemble a regular Sh'tar, was merely an admission that he owed him money.

4)

(a)In connection with our Mishnah, Rav stated that if an Areiv signed before the signatures on a Sh'tar, the creditor may claim from Meshubadim, but not if he signed after the signatures. What did he say on other occasions which seemed to clash with this?

(b)How do we establish Rav's second ruling, to reconcile it with the first? In which case will the creditor not be permitted to claim from Meshubadim, even if the Areiv signed his name before the witnesses?

(c)Rebbi Yochanan disagrees with Rav. What does he say?

4)

(a)In connection with our Mishnah, Rav stated that if an Areiv signed before the signatures on a Sh'tar, the creditor may claim from Meshubadim, but not if he signed after the signatures. On other occasions - he said that even if he signed before the witnesses, the creditor may only claim from B'nei-Chorin.

(b)To reconcile the two statements - we establish Rav's second ruling where he wrote 'P'loni Areiv' (instead of 'u'Peloni Areiv'), which separates the Areiv from the contents of the Sh'tar, causing us to suspect that he signed after the loan took place.

(c)Rebbi Yochanan disagrees with Rav. According to him - in all of the above cases (even if he wrote 'u'Peloni Areiv'), the creditor may only claim from B'nei-Chorin.

5)

(a)What does the Beraisa rule in a case where the witnesses signed after 'She'ilas Shalom' in a Get?

(b)How does Rebbi Avahu in the name of Rebbi Yochanan qualify the Beraisa? What distinction does he draw between 'She'ilu' and 'u'She'ilu'?

5)

(a)In a case where the witnesses signed after 'She'ilas Shalom in a Get', the Beraisa rules - that the Sh'tar is Pasul (because we suspect that the witnesses signed on the greeting, and not on the Get).

(b)Rebbi Avahu in the name of Rebbi Yochanan confines the Beraisa to where they signed on 'She'ilu' - which is Pasul, because it implies that the greeting is a separate entity, and it is on that which they signed, but if they signed on 'u'She'ilu' - which joins the greeting with the rest of the Sh'tar, there would be nothing to be afraid of and the Sh'tar will be Kasher.

6)

(a)What problem does Rava now have with Rebbi Yochanan's previous statement?

(b)How do we therefore amend Rebbi Yochanan's earlier statement in light of his second one?

(c)In that case, Rebbi Yochanan holds like Rav. Ow do we therefore amend the statement 've'Rebbi Yochanan Amar ... '?

6)

(a)Rava's problem with Rebbi Yochanan's previous statement is - that there he did not differentiate between 'P'loni Areiv and 'u'Peloni Areiv', whereas here he differentiates between 'She'ilu' and 'u'Sh'eilu'.

(b)Consequently, we restrict Rebbi Yochanan's earlier statement to 'Peloni Areiv' (but 'u'Peloni Areiv' can claim from Meshubadim).

(c)In that case, Rebbi Yochanan does indeed hold like Rav - and we amend the statement 've'Rebbi Yochanan Amar ... ' to 've'Chein Amar Rebbi Yochanan'.

7)

(a)Rebbi Yishmael in our Mishnah praised ben Nannes (who says that 'Areiv ha'Yotzei Achar Chitum Sh'taros, Eino Govah ... mi'Nechasim B'nei Chorin'. Does this mean that the Halachah is like ben Nannes?

(b)We ask whether Rebbi Yishmael also argues with ben Nannes in the case of his Mashal (of Reuven who agrees to pay Levi's debt if Shimon stops strangling him). What did Rebbi Ya'akov Amar Rebbi Yochanan say about that?

(c)Like whom is the Halachah?

7)

(a)Rebbi Yishmael in our Mishnah praised ben Nannes (who argues with him and says that 'Areiv ha'Yotzei Achar Chitum Sh'taros, Eino Govah ... mi'Nechasim B'nei Chorin'. Nevertheless, the Halachah is not like him, because Rabah bar bar Chanah Amar Rebbi Yochanan - rules like Rebbi Yishmael.

(b)We ask whether Rebbi Yishmael also argues with ben Nannes in the case of his Mashal (of Reuven who agrees to pay Levi's debt if Shimon stops strangling him). Rebbi Ya'akov Amar Rebbi Yochanan said - that indeed he does ...

(c)... and Ravin Amar Rebbi Yochanan concludes - that the Halachah is like Rebbi Yishmael there too.

8)

(a)Rav Yehudah Amar Rav requires a Kinyan in the case of Chanuk (the previous case). What can we extrapolate from there?

(b)Rav Nachman however, disagrees. According to him, a regular Areiv does require a Kinyan. Which kind of Areiv does not?

(c)What is the reason for this?

8)

(a)Rav Yehudah Amar Rav requires a Kinyan in the case of Chanuk (the previous case), from which we can extrapolate - that other cases of Areiv do not.

(b)Rav Nachman however, disagrees. According to him, a regular Areiv does require a Kinyan - except for an Areiv appointed by Beis-Din, who does not ...

(c)... because he is so flattered by the fact that Beis-Din trust him, that he is Meshabed himself with a full heart, even without a Kinyan.

9)

(a)What is the final ruling with regard to an Areiv ...

1. ... at the time when the loan takes place?

2. ... after the loan has taken place? Will it make any difference if he signed his name in the Sh'tar?

3. ... an Areiv appointed by Beis-Din (even after the loan has taken place)?

9)

(a)The final ruling with regard to an Areiv ...

1. ... at the time when the loan takes place is - 'Ein Tzarich Kinyan'.

2. ... after the loan has taken place is - 'Tzarich Kinyan', even if he signs his name in the Sh'tar.

3. ... an Areiv appointed by Beis-Din (even after the loan has taken place) is - 'Ein Tzarich Kinyan'.

Hadran Alach 'Get Pashut' u'Selika Lah Maseches Bava Basra

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