7b----------------------------------------7b
7)
(a) According to the Tana Kama of the Beraisa, if the Sh'tar falls into the hands of the Dayan, it can never be claimed. In fact, there is no difference between a Sh'tar that is found by a Dayan or one that is found by anybody else. How do we therefore establish the Seifa? Who found it, and what has the Dayan got to do with it?
(b) Is the reason that the Sh'tar is not returned because it has been verified by Beis-Din?
(c) Rebbi Yossi is not worried that the Sh'tar may have been paid. Why not?
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8)
(a) In another Beraisa, the Tana'im discuss a Sh'tar Kesuvah that is found in the street. On what condition must the finder return it to the woman, even if she is already divorced?
(b) What is the criterion for returning the Kesuvah, according to Rebbi Yossi?
(c) We see from this Beraisa that Rebbi Yossi is concerned that a lost Sh'tar may have been paid. How do we solve the discrepancy between Rebbi Yossi's diverse opinions in the two Beraisos?
(d) What problem does this create?
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9)
(a) We conclude that the Rabbanan are indeed not concerned that a lost Sh'tar may have been paid, and that the sole opinion in the second Beraisa is Rebbi Yossi. What does Rebbi Yossi then hold? In which case will the finder not return the Sh'tar Kesuvah to the woman?
(b) According to Rav Papa, Rebbi Yossi is indeed not concerned that a lost Sh'tar may have been paid, like the original version of his statement in the first Beraisa. In that case, what does Rebbi Yossi really mean, when in the second Beraisa, he differentiates between whether the Sh'tar Kesuvah was found before the divorce or afterwards? What is he saying to the Rabbanan?
(c) And what is the Rabbanan's response? What are they worried about?
(d) Why might a man give his wife Tzareri?
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10)
(a) Ravina reverts to the original explanation, switching the opinions in the first Beraisa. How does he then reconcile the Rabbanan in the second Beraisa with the Rabbanan in the first? If they are not concerned that the lost Kesuvah was paid, what are they concerned about? What did the husband mean when he asked for the Sh'tar not to be returned to his wife?
(b) What does Rebbi Yossi hold?
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11)
(a) How does Rebbi Elazar establish Raban Shimon ben Gamliel in the Reisha of the Beraisa, who rules (in the case where the creditor and the debtor enter Beis-Din holding the Sh'tar) 'Yachloku'? What are they holding, according to him?
(b) What is ...
1. ... the Toref of a Sh'tar?
2. ... the Tofeis?
(c) What does Rebbi Yochanan say?
(d) What does Rebbi Yochanan really mean when he says 'Yachloku'?
(e) What makes us so certain that he does is not coming to argue with Rebbi Elazar?
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12)
(a) If, as we just explained according to Rebbi Yochanan, the Toref is in the middle, then what is his Chidush? Is it not obvious that they divide the Sh'tar?
(b) According to Rebbi Elazar, who holds that if one of them is holding the Toref and the other, the Tofeis, each takes what he is holding, what does the debtor gain by this, a bottle-stopper?
(c) What advantage does the Toref have over the Tofeis, that makes it more valuable?
(d) Seeing as the ...
1. ... Toref contains the main points of the Sh'tar, what value can the Tofeis on its own possibly have?
2. ... Tofeis contains the signature, and not the Toref, how can the Toref have any value at all?
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13)
(a) How do we try to prove that 'Yachloku' in the Beraisa must also mean value-wise (meaning that they sell it and share the proceeds or that one of them takes the Sh'tar, and pays the other, half its value) from 'Shenayim Ochzin be'Talis' in our Mishnah?
(b) How do we refute ...
1. ... this proof? Why might the Tana well be speaking about actually cutting the Talis into two parts?
2. ... a similar proof from Rava, who rules 'Cholkin' in the case of a golden Talis too (bearing in mind that one would not normally give a child a golden Talis to wear) ?
(c) Why can we not prove it from the case in our Mishnah where the two disputants claimed the cow that they were riding?
(d) Then from where do we finally prove that 'Cholkin' means 'li'D'mei'?
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Index to Review Questions and Answers for Maseches Bava Metzia
