REVACH L'DAF
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SUMMARY
Rav and Shmuel: The Tefisah of the Ba'al Chov helps only if the object is in the Reshus ha'Rabim.
Rebbi Nachman: Tefisah helps only if it is done during the lifetime of the debtor.
If a person sent a Shali'ach to pay back a loan, and the Ba'al Chov claims that he took the payment for a different loan, he is believed with a Migu. (1)
A Shali'ach who paid a loan without first taking back the Shtar is obligated to pay in the event that the creditor claims that he took the money for a different loan.
If a Ba'al Chov is given an object as a Pikadon, it is not regarded as a Tefisah unless the Mafkid made a claim on it.
If the defendant is obligated to make a Shevu'ah and he is suspected of swearing falsely, the Shevu'ah is turned over to the claimant.
One witness testifies that a Shtar had already been paid. If the judge trusts the witness, he will not allow the Shtar to be collected. (2)
Rebbi Meir: If a Get is found in the garbage, it may be used after it is signed by two witnesses. (3)
A loan document that has been paid back may not be used for a subsequent loan, because the Shibud on the Shtar was forfeited when the first loan was paid back.
If a deceased person who is not wealthy left over a valuable object and someone gives a Siman for it and says that it was his Pikadon, the heirs are not believed to claim that it belonged to the father. (4)
If a person bequeathed his property to someone named Tuvyah, and a person named Tuvyah shows up to claim the property, we give the property to him.
If a person named Rav Tuvyah shows up to claim the property, we do not give it to him unless he was a very close friend of the deceased.
If two people named Tuvyah claim the property and one of them is a Talmid Chacham, he gets the property. (5)
If two people named Tuvyah claim the property and both of them are neighbors, we use our judgment to decide which one of them is more likely to be the intended recipient.
If one sells a loan document and subsequently is Mochel the Chov, it is a valid Mechilah. (6)
A BIT MORE
1. If there are no witnesses that the Ba'al Chov received the money, the Ba'al Chov has a Migu that he could have denied receiving the money at all and he is believed that there was a second loan for which he received the payment.
2. Even though one witness is not believed and we may not destroy the Shtar on the basis of one witness, since the judge trusts the witness he will not allow the Shtar to be collected.
3. The Chachamim argue with Rebbi Meir and maintain that the Get may not be used because it was not written Lishmah.
4. However, if the alleged Mafkid frequented the house of the deceased, we suspect that he saw the valuable object and that is why he was able to give a Siman.
5. If one of them is a neighbor and the other is a relative, we give it to the one who is the neighbor.
6. Even the heir of the person who sold the Shtar may be Mochel the Chov.
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BRIEF INSIGHT
One witness testifies that a Shtar had already been paid. If the judge trusts the witness, he will not allow the Shtar to be collected. Even though one witness is not believed and we may not destroy the Shtar on the basis of one witness, since the judge trusts the witness he will not allow the Shtar to be collected. Rabeinu Yonah asks: Since we do not allow the Shtar to be collected, we are giving credence to the testimony of one witness! What difference does it make whether we tear up the Shtar or not? Rabeinu Yonah answers that even though the Shtar cannot be collected in this Beis Din, the claimant can go to a different Beis Din who does not recognize the witness and collect the Shtar in that Beis Din.
QUICK HALACHAH
If a Shechiv Mera bequeathed his property to Tuvyah and someone named Tuvyah came along and claims that he is the Tuvyah that the benefactor had in mind, we give him the property. Even if there is someone else named Tuvyah who may be the one he had in mind, we do not wait for that Tuvyah to come along, and we give it to the first Tuvyah.
We assume that the first Tuvyah to come along is the one he had in mind because otherwise he would have been afraid to make a claim on the money lest the real Tuvyah come along and prove that he was closer (S'ma)
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