PAST DEDICATION
BAVA METZIA 17 (18 Iyar) - Dedicated by Avi and Lily Berger of Queens, N.Y., in memory of Lily's father, Mr. Benny Krieger (Chananel Benayahu ben Harav Yisrael Avraham Aba), zt"l, who passed away six years ago on Lag ba'Omer 5763. Mr. Krieger exemplified Ahavas Chesed, Ahavas Torah and Ahavas Eretz Yisrael.

1)

(a)Rava, quoting Rav Nachman, will discuss some Halachos of 'Huchzak Kafran'. What will be the Din, according to Rav Yosef bar Minyumi, with regard to believing the debtor who claims 'Para'ti' following Beis-Din's ruling ...

1. ... 'Tzei Ten lo'?

2. ... 'Chayav Atah Liten lo'?

(b)What is the basis for this distinction?s

(c)What will be the Din with regard to Beis-Din subsequently writing a Sh'tar Adrachta on behalf of the creditor?

1)

(a)Rava, quoting Rav Nachman, will discuss some Halachos of 'Huchzak Kafran'. According to Rav Yosef bar Minyumi, if following Beis-Din's ruling ...

1. ... 'Tzei Ten lo', the debtor claims that he subsequently paid he is believed (with a Shevu'as Hesses).

2. ... 'Chayav Atah Liten lo' he is not believed.

(b)The basis for this distinction is the fact that 'Tzei Ten lo' is a final ruling, whereas 'Chayav Atah Liten lo' is not (and the debtor would be unlikely to have paid before Beis-Din have issued a final ruling).

(c)The Din with regard to Beis-Din subsequently writing a Sh'tar Adrachta on behalf of the creditor is that where the debtor is not believed, Beis-Din will write one, and where he is believed, they will not.

2)

(a)What does Rav Z'vid Amar Rava say?

(b)How does he therefore present the distinction between whether the debtor claims Para'ti after 'Tzei Ten lo' or after 'Chayav Atah Liten lo'?

(c)Why, in the latter case, is the debtor not Huchzak Kafran?

2)

(a)Rav Z'vid Amar Rava says that he is believed when he later claims that he paid, even after 'Chayav Atah Liten lo'.

(b)He therefore presents the distinction between 'Tzei Ten lo' or 'Chayav Atah Liten lo' in the following way. Whether in a case where, after Beis-Din have ruled 'Tzei Ten lo' or 'Chayav Atah Liten lo ' the debtor claims Para'ti, and then witnesses testify that it is not true, he is Huchzak Kafran (after 'Tzei Ten lo'), or not (after 'Chayav Atah Liten lo ').

(c)The reason that after 'Chayav Atah Liten lo ', he is not Huchzak Kafran is because he can argue that, due to the fact that Beis-Din did not yet obligate him, he was only trying to evade his self-imposed payment until Beis-Din finally ordered him to pay. Consequently, he will be believed (with a Shevu'as Hesses), should he subsequently claim 'Para'ti'.

3)

(a)What does Rabah bar bar Chanah Amar Rebbi Yochanan say about a case where the debtor denies having borrowed the money ('Lo Hayu Devarim me'Olam') and refuses to pay after witnesses testify that he did?

(b)This is borne out by an incident where Shabsa'i the son of Rebbi Merinus, denied having entered a valuable article of clothing in his daughter-in-law's Kesuvah. What did Rebbi Chiya rule after witnesses testified that he had indeed entered it into the Kesuvah?

3)

(a)Rabah bar bar Chanah Amar Rebbi Yochanan rules that if the debtor denies having borrowed the money ('Lo Hayu Devarim me'Olam') and refuses to pay after witnesses testify that he did he is Huchzak Kafran, and is no longer believed to claim 'Para'ti' without a Shevu'ah.

(b)This is borne out by an incident where Shabsa'i the son of Rebbi Merinus, denied having entered a valuable article of clothing in his daughter-in-law's Kesuvah. After witnesses testified that he had indeed entered that article of clothing into the Kesuvah, Rebbi Chiya ruled that he was 'Huchzak Kafran'.

4)

(a)What does Rebbi Avin Amar Rebbi Ila'a Amar Rebbi Yochanan say about someone who is obligated to swear and who claims that he has already sworn, in spite of the witnesses who testify that he did not?

(b)How does Rebbi Avahu qualify Rebbi Yochanan's statement?

(c)Why is that?

(d)What did Rebbi Avin comment when he heard about Rebbi Avahu's qualification?

4)

(a)Rebbi Avin Amar Rebbi Ila'a Amar Rebbi Yochanan rules that someone who is obligated to swear and claims that he already swore, in spite of the witnesses who testify that he did not is Huchzak Kafran (and that, unless he swears in front of Beis-Din, he will no longer be believed should he subsequently claim that he has fulfilled his obligation).

(b)Rebbi Avahu qualifies Rebbi Yochanan's statement by restricting it to a Shevu'ah which Beis-Din obligated him to pay (but not to one that he took upon himself) ...

(c)... because a person tends to make concessions with regard to self-imposed Shevu'os.

(d)When Rebbi Avin heard about Rebbi Avahu's qualification he commented that this is what he actually said in the name of ... Rebbi Yochanan.

5)

(a)What does Rebbi Asi Amar Rebbi Yochanan say about a case where someone found a Sh'tar with a Henpek in the street that is dated on the same day?

(b)Why do we not suspect that the debtor may have paid?

(c)Rebbi Asi also quoted Rebbi Yochanan as saying that a Sh'tar which has been used to borrow with cannot be re-used, once the loan has been repaid. What reason did he give for this?

(d)Why did he not rather attribute it to the fact that the Sh'tar is Mukdam (in which case it will be forbidden to use it even for the same debt, let alone another one)?

5)

(a)Rebbi Asi Amar Rebbi Yochanan rules that if someone finds a Sh'tar with a Henpek in the street that is dated on the same day he should return it to the creditor.

(b)We do not suspect that the debtor may have paid because people do not normally repay their debts on the day that they borrow.

(c)Rebbi Asi also quoted Rebbi Yochanan as saying that a Sh'tar which has been used to borrow with cannot be re-used, once the loan has been repaid since the Shibud of the Sh'tar has already been used up.

(d)He did not rather attribute it to the fact that it is a Sh'tar Mukdam (in which case it will be forbidden to use it even for the same debt, let alone another one) because the Tana is speaking about a Sh'tar that is dated on the same day that it is found.

6)

(a)Rebbi Zeira asked Rebbi Asi from Rebbi Yochanan's latter ruling, which implies that people do pay their debts on the same day. What did he reply?

(b)Rav Kahana disagrees. According to him, Rebbi Yochanan does suspect that the Sh'tar may have been paid even on the same day as it was dated. Then why does he rule 'Yachzir'?

(c)What is then the Chidush, according to Rav Kahana?

(d)Why are we not afraid that the debtor might do this in order to save himself the Sofer's fees?

6)

(a)Rebbi Zeira asked Rebbi Asi from Rebbi Yochanan's latter ruling, which implies that people do pay their debts on the same day, to which he replied that he never said that nobody pays on the same day, but that it is unusual, in which case we do not contend with the possibility of it having happened.

(b)Rav Kahana disagrees. According to him, Rebbi Yochanan generally suspects that the Sh'tar may have been paid even on the same day as it is dated and he only says 'Yachzir' in a case where the debtor admits that he has not paid ...

(c)... and the Chidush, according to Rav Kahana, is that we are not concerned that the debtor may be trying to use the same Sh'tar for a second loan, even though this is illegal, as we explained earlier.

(d)Neither are we afraid that the debtor might do this in order to save himself the Sofer's fees because the creditor, afraid that Beis-Din will cancel the entire Sh'tar, and stop him from claiming from the purchasers, would not let him get away with it.

7)

(a)We established the Mishnah earlier in the Perek 'Matza Sh'tarei-Chov, Im Yesh Bahen Acharayus Nechasim, Lo Yachzir', where the debtor admitted that he was Chayav to pay. What is the Tana then worried about?

(b)According to Rebbi Yochanan, why is the Tana worried about that? Why does he not assume that the creditor will not allow the debtor to get away with his ruse, like he did in the previous case?

7)

(a)We established the Mishnah earlier in the Perek 'Matza Sh'tarei-Chov, Im Yesh Bahen Acharayus Nechasim, Lo Yachzir', where the debtor admitted that he is Chayav to pay. The Tana is worried that the Sh'tar may have been written in Nisan, but the loan did not take place until Tishri, with the result that the creditor will claim from the purchasers illegally.

(b)Even according to Rebbi Yochanan, the Tana does not assume that the creditor will not allow the debtor to get away with his ruse, (like he did in the previous case) because here the creditor himself stands to gain (in that he will be able to claim from the purchasers from an earlier date [whereas in Rebbi Yochanan's case, it is only the debtor who stands to gain]).

17b----------------------------------------17b

8)

(a)Rebbi Chiya bar Aba Amar Rebbi Yochanan states that someone who claims that he has paid a Ma'aseh Beis-Din is not believed. What is a 'Ma'aseh Beis-Din'?

(b)Bearing in mind the fact that the woman does not claim with a Sh'tar, what is the reason for this ruling?

(c)What did Rebbi Yochanan reply, when Rebbi Chiya bar Aba asked him whether his ruling was not synonymous with the Mishnah in Kesuvos 'Hotzi'ah Get ve'Ein Imo Kesuvah, Govah Kesuvasah'?

8)

(a)Rebbi Chiya bar Aba Amar Rebbi Yochanan states that someone who claims that he has paid a Ma'aseh Beis-Din is not believed. 'Ma'aseh Beis-Din' incorporates any T'nai Beis-Din such as Kesuvah and Mazon ha'Ishah ve'ha'Banos.

(b)The reason for this ruling (despite the fact that the woman does not claim with a Sh'tar) is because every Ma'aseh Beis-Din is considered as if the claimant was holding a Sh'tar (even if he is not).

(c)When Rebbi Chiya bar Aba asked Rebbi Yochanan whether his ruling was not synonymous with the Mishnah in Kesuvos 'Hotzi'ah Get ve'Ein Imo Kesuvah, Govah Kesuvasah', he replied that if he had not removed the piece of clay, they would not discovered the jewel (meaning that if he had not taught them this ruling, they would not have realized what the Mishnah meant).

9)

(a)On what grounds does Abaye refute Rebbi Yochanan's reply to Rebbi Chiya bar Aba? How does he establish the Mishnah, even if 'Para'ti' would apply to Ma'aseh Beis-Din?

(b)Why else, besides the fact that her husband can claim 'Para'ti', might the woman not be able to claim her Kesuvah without the Sh'tar Kesuvah?

(c)Abaye refutes his own rebuttal however, by referring to a widow from the betrothal. What would be the problem if, on principle, the man was believed to claim 'Para'ti' in a place where they wrote a Kesuvah?

9)

(a)Abaye refutes Rebbi Yochanan's reply to Rebbi Chiya bar Aba. Even if 'Para'ti' would apply to Ma'aseh Beis-Din, he counters our Mishnah would be speaking in a town where it was not customary to write a Kesuvah. Otherwise, unless his wife produced her Kesuvah, the husband would be believed to claim that he had already paid.

(b)Besides the fact that her husband can claim 'Para'ti', the woman might not be able to claim her Kesuvah without the Sh'tar Kesuvah because we are afraid that she will later produce it and claim again.

(c)Abaye refutes his own rebuttal however, by referring to a widow from the betrothal. If, on principle, the man was believed to claim 'Para'ti' in a place where they wrote a Kesuvah (unless she produced her Kesuvah) the problem would be that an Almanah min ha'Eirusin, for whom one does not write a Kesuvah, will have to claim her Kesuvah with the witnesses of her husband's death, and the heirs will always be able to claim that they have paid.

10)

(a)Mar Keshishah b'rei de'Rav Chisda queried the very concept of a betrothed woman being paid a Kesuvah. Why is there no proof from the Mishnah in Kesuvos 'Nisarm'lah O Nisgarshah, Bein min ha'Eirusin u'Bein min ha'Nisu'in, Govah es ha'Kol' that an Arusah receives a Kesuvah?

(b)If the Mishnah speaks where her husband wrote her a Kesuvah (but normally, an Arusah does not receive one), what is the Chidush? Is it not obvious that if he wrote her a Kesuvah, she claims it?

(c)The Lashon of the Mishnah in Kesuvos is 'Govah es ha'Kol'. What does ha'Kol' mean?

(d)What do we then prove from here?

10)

(a)Mar Keshishah b'rei de'Rav Chisda queried the very concept of an betrothed woman being paid a Kesuvah. There is no proof from the Mishnah in Kesuvos 'Nisarm'lah O Nisgarshah, Bein min ha'Eirusin u'Bein min ha'Nisu'in Govah es ha'Kol', that an Arusah receives a Kesuvah because that Mishnah could be speaking when her betrothed wrote her one (which is not a 'Ma'aseh Beis-Din').

(b)If the Mishnah speaks where her husband wrote her a Kesuvah (but normally, an Arusah does not receive one), the Chidush is to preclude the opinion of Rebbi Elazar ben Azaryah, who holds that an Arusah whose husband wrote her a Kesuvah and then died, does not receive a Kesuvah, because he only wrote it on the understanding that he marries her, but not otherwise. The above Mishnah holds otherwise.

(c)The Lashon of the Mishnah 'Govah es ha'Kol' which means even what is over and above the Manah or Masayim.

(d)We prove from here that the Tana must indeed be speaking where her husband specifically wrote her a Kesuvah, because otherwise, she would only receive Manah or Masayim. So what would 'ha'Kol' mean?

OTHER D.A.F. RESOURCES
ON THIS DAF