Discussions for this daf
1. Partners testifying 2. Bore'ach
DAF DISCUSSIONS - BAVA BASRA 42

ruben weiser asked:

in the very end of bava batra 42b. shmuel said that "shutafim mehidim se la se". explaining the case .it is written that it is when one partner give his part to other so he can testify.

first of all if a partner gives his part then he is not more a partner. so why is that a case that can be call that "shutafim mehidim se lase"? if this is the way ,that we can steel call a partner to one that gives his part to other then: we can also say that "a baal davar" can testify for himself giving the land (as present) to other. and we dont say that a baal davar can testify for himself. also we can say that a person can testifi for his brother in law if he divorce his wife. so way shmuel say only that shutafim mehidim se la se?

thanks

ruben weiser, buenos aires, argentina

The Kollel replies:

Dear Ruben,

Thanks for your question. I want to suggest the following answer. As you mentioned, partners can testify for one another, provided they have no personal interest at the time of the testimony, despite the fact that they will be testifying about something which occurred while they were partners and did have a personal interest in the issue. This is unlike the case of relatives (Kerovim) who cannot testify for each other in similar circumstances. The reason for this difference is discussed in the Rishonim here (see Shitah and Ramban among others). So the Chidush is, despite the fact they were Shutfim, since now they aren't, they may nevertheless testify for one another.

Kol Tuv.

Y. Landy