REVACH L'DAF
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SUMMARY
1. If a lender asks one to split his loan document of 100 into two loans of 50, he may not do so without permission from the borrower. 2. The Mishnah discusses a case of two brothers, one poor and the other rich, who inherit their father's bathhouse and/or olive press. 3. If the father used these items (#2) for his personal benefit, the poor brother cannot force a sale of these items. 4. The Gemara discusses the ramifications of having two people with the same name in one city. 5. Anyone writing a document for such a person (#4) should ensure that the person is clearly identifiable.
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A BIT MORE
1. There is a concern that the borrower will pay back the full 100, and the lender will say that he lost his document, but will write a receipt for the 100. He will then produce one of the documents for 50, and claim it as a separate loan. 2. If the father used to rent these out as part of his business, they rent it out and split the profits. 3. The rich brother can say to the poor one that "let us use them as our father did; you have the right to use them just as much as I do" (even though the poor person has no servants to operate the bathhouse, nor olives to use in the olive press). 4. Technically, each one may claim that he is not the borrower mentioned in the document. Similarly, each one may claim that he is the one mentioned on a receipt as having paid back a debt. 5. The Mishnah suggests that their grandfather's name be included in documents, or some other type of unique Siman that distinguishes them from each other.
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Index to Revach for Maseches Bava Basra
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