REVACH L'DAF
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SUMMARY
Shmuel says if someone sells a Chov to a third party and he or his inheritor is subsequently Mochel the Chov the Mechilah is effective.
Abaye holds that the Ba'al ha'Shtar is Zocheh to collect immediately upon the signatures of the witnesses even though he received the Shtar at a later date.
If someone finds a document which state that the property of the borrower was evaluated in order to pay the lender, or a document which states that a person promises to provide Mezonos for the daughter of his wife it shall be returned.
If someone finds a Shtar Chalitzah, or Shtar Mi'un, or a Shtar Birurin, or a Shtar which was affirmed by the Beis Din it shall be returned. (1)
If a Shtaros are found in a leather case, or in a sack, or if three Shtaros are found with each one folded on the other or all three are folded together he shall return it to the person who gives a Siman.
When a person finds three folded Shtaros he shall announce that he found Shtaros and the person who lost it must say the number of the Shtaros and the method in which they were folded together.
R. Shimon Ben Gamliel says if three Shtaros are found with the same borrower but with different lenders they shall be returned to the borrower.
If three Shtaros are found with the same lender but with different borrowers they shall be returned to the lender if they were written by three different scribes. (2)
If someone finds a Shtar of a third party among his Shtaros and he is unsure if it was given to him as a Pikadon from the borrower or the lender he should put it away until the arrival of Eliyahu ha'Navi.
If someone finds a receipt for one of the Shtaros in his possession he may ignore it because maybe he wrote the receipt in case the borrower pays at a time when it is impossible to write a receipt.
Is someone finds among his ripped Shtaros a receipt for a Shtar that is in his possession he should follow the dictates of the receipt (3)
Is someone finds among his ripped Shtaros a receipt for a Shtar of a Chov that is owed by if he has two Shtaros for two different people named Yosef Ben both Shimon both Shtaros are considered paid mi'Safek.
If the orphans of a lender are collecting a loan from the orphans of the borrower they must swear that their father did not state in his will or any time previous that the loan was paid and that they did not find a receipt among the ripped Shtaros of their father which states that the loan was paid.
A BIT MORE
1. A Shtar Birurin is a Shtar which states the claims of the two Ba'alei Dinim, or a Shtar which states the judges which the two Ba'alei Dinim chose in a case that each Ba'al Din picks one judge.
2. However, if they were written by the same scribe we do not return it to the lender because maybe they got lost when they were in the hands of the scribe and the Shtaros had not yet been given to the lender and the money had not yet been had not been lent.
3. Since the receipt was found among his ripped Shtaros it must be that the Shtar was paid up and he no longer needed the receipt and therefore he placed it among his ripped Shtaros. Even though the receipt is usually given-0[p to the borrower maybe the borrower trusted the lender and allowed him to hold on to the receipt.
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BRIEF INSIGHT
A POSSIBLE KENUNYA
If someone finds a Shtar of a third party among his Shtaros and he is unsure if it was given to him as a Pikadon from the borrower or the lender or if it was partially paid and they both gave it to him and than they forgot about it, he should put it away until the arrival of Eliyahu ha'Navi. The Rashba says that even if the both the borrower and lender agree that the Shtar was not yet paid and they instruct him to give it to the lender he should not give it to him because of the concern that they have a deal between them to collect from the Lekuchos and split the money. However, the Rosh argues and he says that we are only concerned for a deal between the lender and borrower if the Shtar was lost because when a Shtar is lost it generates doubts about the Shtar, but with regards to a Shtar that was given as a Pikadon we are not concerned and it should be given to the lender in the event that they both instruct him to do so. [Nimukei Yosef]
QUICK HALACHAH
SHTAR IN A KLI
If someone finds a Shtar in a utensil it shall be given to the person who gives a Siman on the utensil. Even if the person doesn't give a Siman on the utensil but when he announces that he found a Shtar the person says that you found it in such and such a utensil if it is not common for a Shtar to be kept in that utensil it is regarded as a Siman. (Shulchan Aruch CM 132:4)
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