A braita states that if a receipt is found saying that the husband (or his heirs) paid his ex-wife the money from her ketuba, , if the woman agrees, we return it to the husband as proof he paid. Why are we not concerned that perhaps the the money was not repaid on the date written on the receipt, but was paid later, and the couple is conspiring to retrieve her ketuba that she sold after the date written on the receipt, but before the actual payment? Rava and Abaye each suggest answers. The Mishna lists types of documents that if found on the street can be returned as there is no concern that one could collect money not due to them. The list includes igrot shum, documents assessing land of a debtor to be seized by a creditor, the commitment of a husband to pay for food of his wife’s daughter, documents attesting that a chalitza or mi’un was performed, and others. If documents were bundled up together or found in a way that one could claim it by offering identifiable markings (simanim), they can be retrieved as well. If a receipt of payments is found, even by the creditor, it is given to the debtor as proof of payment. Rav Huna did not permit a get found in the street to be used as he was concerned that perhaps it belonged to people with the same names who lived in a city with the same name as written in the get. Raba disagreed with Rav Huna based on our Mishna which permits returning documents ratified by the court and is not concerned that the documents belonged to other people. This led to an argument between Raba and Amram who responded disrespectfully to the other, which then caused a pillar to break in Rav’s beit midrash. The Gemara defines a number of the objects mentioned in the Mishna – chafisa, dluskima, and documents that are krukhin and agudim. One who finds a bunch of documents bundled together announces that he/she found documents and the one who lost them can retrieve them by identifying how many and how they are bound. Rav ruled that if a receipt attesting to payment of a loan is found with the creditor’s documents, we cannot assume it was paid as the creditor may have written it so that when the borrower is ready to pay, the receipt will be ready. However, this contradicts a ruling in our Mishna that a simpon (receipt of payment) found in the creditor’s papers is returned to the debtor. To resolve this, they bring a differentiation Rav Safra made regarding a different source that it depends on if it was found with ripped papers of the creditor or with the creditor’s regular papers. Two other Mishnayot are brought to raise the same type of difficulty against this statement of Rav and are all resolved in the same manner.
Bava Metzia 20
Share this shiur:
Bava Metzia
Masechet Bava Metzia is sponsored by Rabbi Art Gould in memory of his beloved bride of 50 years, Carol Joy Robinson, Karina Gola bat Huddah v’Yehuda Tzvi.
רבות בנות עשו חיל ואת עלית על־כלנה
This month’s learning is sponsored by Jonathan Loring in honor of his wife, Leah Ackner and their children Zev and Meira. “From the first day I met my wife in Hebrew class at JTS to watching her show kindness when we volunteered together to help those in need and even when I had to wait 9 years for a first date, my wife has always been an inspiration to me and everyone she meets. Thank you for these 20 years and B’Ezrat Hashem to many more! I love you wifesy.”
This month’s learning is dedicated for a refuah shleima for Pesha Etel bat Sarah
This week’s learning is sponsored by Sarah Zahavi for the continued health and good outcome for Talia Nechama bat Chana.
Want to dedicate learning? Get started here:
Today’s daily daf tools:
Bava Metzia
Masechet Bava Metzia is sponsored by Rabbi Art Gould in memory of his beloved bride of 50 years, Carol Joy Robinson, Karina Gola bat Huddah v’Yehuda Tzvi.
רבות בנות עשו חיל ואת עלית על־כלנה
This month’s learning is sponsored by Jonathan Loring in honor of his wife, Leah Ackner and their children Zev and Meira. “From the first day I met my wife in Hebrew class at JTS to watching her show kindness when we volunteered together to help those in need and even when I had to wait 9 years for a first date, my wife has always been an inspiration to me and everyone she meets. Thank you for these 20 years and B’Ezrat Hashem to many more! I love you wifesy.”
This month’s learning is dedicated for a refuah shleima for Pesha Etel bat Sarah
This week’s learning is sponsored by Sarah Zahavi for the continued health and good outcome for Talia Nechama bat Chana.
Bava Metzia 20
שְׁמַע מִינַּהּ: אִיתַאּ לְדִשְׁמוּאֵל, דְּאָמַר שְׁמוּאֵל: הַמּוֹכֵר שְׁטַר חוֹב לַחֲבֵירוֹ, וְחָזַר וּמְחָלוֹ – מָחוּל, וַאֲפִילּוּ יוֹרֵשׁ מוֹחֵל.
Conclude from the fact that this suspicion is not taken into account that the halakha of Shmuel is accepted. As Shmuel says: In the case of one who sells a promissory note to another, and the seller then forgives the debt of the debtor, it is forgiven, since the debtor essentially had a non-transferable obligation to the creditor alone, and even the creditor’s heir can forgive the debt. Therefore, if the wife did engage in the deception mentioned above, it was within her rights, as she is able to forgive the debt of the marriage contract.
אַבָּיֵי אָמַר: אֲפִילּוּ תֵּימָא לֵיתַיהּ לְדִשְׁמוּאֵל, הָכָא בְּמַאי עָסְקִינַן – בְּשֶׁשְּׁטַר כְּתוּבָּה יוֹצֵא מִתַּחַת יָדָהּ. וְרָבָא אָמַר: אִי מִשּׁוּם שְׁטַר כְּתוּבָּה, חָיְישִׁינַן לִשְׁתֵּי כְתוּבּוֹת.
Abaye said: This is not conclusive proof. Even if you say that the halakha of Shmuel is not accepted, here we are dealing with a case where the marriage contract emerges from her possession, which indicates that she did not sell it. And Rava disagreed with Abaye and said: If the reason there is no suspicion that she sold her marriage contract is due to the fact that the marriage contract emerged from her possession, this reason is insufficient, as we should suspect that there might be two marriage contracts.
וְאַבָּיֵי אָמַר, חֲדָא: לִשְׁתֵּי כְתוּבּוֹת לָא חָיְישִׁינַן. וְעוֹד, שׁוֹבָר בִּזְמַנּוֹ טָרֵיף. אַבָּיֵי לְטַעְמֵיהּ, דְּאָמַר: עֵדָיו בַּחֲתוּמָיו זָכִין לוֹ.
And Abaye said in response: First, we are not concerned about the remote possibility of two marriage contracts. And furthermore, even if there is only one marriage contract, which was sold before the receipt was given to the husband, the receipt is valid, as a receipt can be used to repossess property from the time it was written, even if it was given on a later date. In saying this, Abaye conforms to his standard line of reasoning, as he says that once a monetary document is written for someone, the document’s witnesses, with their signatures, acquire it on his behalf.
מַתְנִי׳ מָצָא אִיגְּרוֹת שׁוּם וְאִיגְּרוֹת מָזוֹן, שְׁטָרֵי חֲלִיצָה וּמֵיאוּנִין, וּשְׁטָרֵי בֵירוּרִין, וְכׇל מַעֲשֵׂה בֵּית דִּין – הֲרֵי זֶה יַחְזִיר.
MISHNA: If one found documents of appraisal of a debtor’s property for the purpose of debt collection; or documents concerning food, which were drawn up when one accepted upon himself to provide sustenance for another; documents of ḥalitza; or documents of refusal of a girl upon reaching majority to remain married to the man to whom her mother or brothers married her as a minor after the death of her father; or documents of beirurin, a concept that will be explained in the Gemara; or any court enactment, e.g., a promissory note that has been authenticated by the court, in all of these cases, the finder must return the document to its presumed owner.
מָצָא בַּחֲפִיסָה אוֹ בִדְלוֹסְקָמָא, תַּכְרִיךְ שֶׁל שְׁטָרוֹת אוֹ אֲגוּדָּה שֶׁל שְׁטָרוֹת – הֲרֵי זֶה יַחְזִיר. וְכַמָּה אֲגוּדָּה שֶׁל שְׁטָרוֹת – שְׁלֹשָׁה קְשׁוּרִין זֶה בָּזֶה. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: אֶחָד הַלֹּוֶה מִשְּׁלֹשָׁה – יַחְזִיר לַלֹּוֶה. שְׁלֹשָׁה הַלֹּוִין מִן הָאֶחָד – יַחְזִיר לַמַּלְוֶה.
If one found documents in a ḥafisa or in a deluskema, both of them types of containers, or if he found a roll of documents or a bundle of documents, he must return them. And how many documents are considered to be a bundle of documents? It is three that are tied together. Rabban Shimon ben Gamliel says: If the documents make reference to loans of one person who borrowed money from three people, the finder must return them to the debtor, as they were presumably in his possession before being lost. If the documents make reference to loans of three people who borrowed money from one person, he must return them to the creditor, as they were presumably in his possession before being lost.
מָצָא שְׁטָר בֵּין שְׁטָרוֹתָיו וְאֵינוֹ יוֹדֵעַ מָה טִיבוֹ – יְהֵא מוּנָּח עַד שֶׁיָּבוֹא אֵלִיָּהוּ. אִם יֵשׁ עִמָּהֶן סִמְפּוֹנוֹת, יַעֲשֶׂה מָה שֶׁבַּסִּמְפּוֹנוֹת.
If one found a document among his documents that were given to him by other people as a trustee, and he does not know what its nature is, i.e., he does not remember who gave it to him or whether the debt mentioned in it has been paid, the document is placed aside until Elijah the prophet comes and clarifies the issue through his prophecy. If there are cancellations of contracts [simponot] among them, he should do what is stated in the simponot.
גְּמָ׳ מַאי ״שְׁטָרֵי בֵירוּרִין״? הָכָא תַּרְגִּמוּ שְׁטָרֵי טַעֲנָתָא. רַבִּי יִרְמְיָה אָמַר: זֶה בּוֹרֵר לוֹ אֶחָד וְזֶה בּוֹרֵר לוֹ אֶחָד.
GEMARA: What is meant by documents of beirurin? Here, in Babylonia, the Sages interpret it to mean documents recording each litigant’s clarification [beirur] of his claims in a court case. Rabbi Yirmeya, who lived in Eretz Yisrael, said: It is referring to cases where this litigant chooses [borer] one judge, and that litigant chooses one judge, and they choose the third judge for the case. The two litigants sign a document in which they declare which judges they choose.
וְכׇל מַעֲשֵׂה בֵּית דִּין הֲרֵי זֶה יַחְזִיר. הָהוּא גִּיטָּא דְּאִשְׁתְּכַח בֵּי דִינָא דְּרַב הוּנָא, דַּהֲוָה כְּתִיב בֵּיהּ ״בִּשְׁוִירֵי מָתָא דְּעַל רָכִיס נַהֲרָא״. אֲמַר רַב הוּנָא:
§ The Gemara addresses that which the mishna states: And with regard to any court enactment, the one who found it must return it to its presumed owner. The Gemara relates: There was a certain bill of divorce that was found in the court of Rav Huna, in which it was written that the bill of divorce was written in Sheviri City, which is located on the Rakhis River. Rav Huna said about this:
חָיְישִׁינַן לִשְׁנֵי שְׁוִירֵי. אֲמַר לֵיהּ רַב חִסְדָּא לְרַבָּה: פּוֹק עַיֵּין, דִּלְאוּרְתָּא בָּעֵי לַהּ רַב הוּנָא מִינָּךְ. נְפַק דַּק וְאַשְׁכַּח, דִּתְנַן: כׇּל מַעֲשֵׂה בֵּית דִּין הֲרֵי זֶה יַחְזִיר.
We are concerned for the possibility that there are two cities named Sheviri, and that this bill of divorce may belong to someone else who lives in the other Sheviri, and therefore it should not be returned. Rav Ḥisda said to Rabba: Go out and examine this halakha, as in the evening Rav Huna will ask you about it. He went out, examined it, and discovered a relevant source, as we learned in the mishna: With regard to any court enactment, the one who found it must return it to its presumed owner. Since this bill of divorce was found in court, it belongs to this category and should be returned.
אֲמַר לֵיהּ רַב עַמְרָם לְרַבָּה: הֵיכִי פָּשֵׁיט מָר אִיסּוּרָא מִמָּמוֹנָא? אֲמַר לֵיהּ: תְּרָדָא, ״שְׁטָרֵי חֲלִיצָה וּמֵיאוּנִין״ תְּנַן.
Rav Amram said to Rabba: How can the Master resolve the halakha in the case of a bill of divorce, which is a ritual matter, from the mishna, which discusses monetary matters? Rabba said to him: Fool, we learned in the mishna that this halakha applies in the case of documents of ḥalitza and documents of refusal as well, which are ritual matters.
פְּקַע אַרְזָא דְּבֵי רַב. מָר אָמַר: מִשּׁוּם לַתַּאי דִּידִי פְּקַע. וּמָר אָמַר: מִשּׁוּם לַתַּאי דִּידִי פְּקַע.
At that point, the supporting cedar beam of the study hall dislodged. One Sage said: It was due to my fortune that it dislodged, as you spoke to me offensively, and the other Sage said: It was due to my fortune that it dislodged, as it was you who spoke to me offensively.
מָצָא בַּחֲפִיסָה אוֹ בִדְלוֹסְקָמָא. מַאי חֲפִיסָה? אָמַר רַבָּה בַּר בַּר חָנָה: חֵמֶת קְטַנָּה. מַאי דְּלוֹסְקָמָא? אָמַר רַבָּה בַּר שְׁמוּאֵל: טְלִיקָא דְסָבֵי.
§ The mishna teaches: If one found documents in a ḥafisa or in a deluskema, he must return them. The Gemara asks: What is a ḥafisa? Rabba bar bar Ḥana says: It is a small flask. What is a deluskema? Rabba bar Shmuel says: It is a container [telika] used by the elderly.
תַּכְרִיךְ שֶׁל שְׁטָרוֹת אוֹ אֲגוּדָּה שֶׁל שְׁטָרוֹת וְכוּ׳. תָּנוּ רַבָּנַן: כַּמָּה הוּא תַּכְרִיךְ שֶׁל שְׁטָרוֹת? שְׁלֹשָׁה כְּרוּכִין זֶה בָּזֶה. וְכַמָּה הִיא אֲגוּדָּה שֶׁל שְׁטָרוֹת? שְׁלֹשָׁה קְשׁוּרִין זֶה בָּזֶה.
The mishna teaches: If one found a roll of documents or a bundle of documents, he must return them. The Sages taught in a baraita: How many documents constitute a roll of documents? A roll is three documents rolled together. And how many constitute a bundle of documents? A bundle is three documents tied together.
שָׁמְעַתְּ מִינַּהּ קֶשֶׁר סִימָן.
The Gemara infers: Conclude from it that if one lost an item that has a knot, the type of knot can serve as a distinguishing mark by means of which the owner can describe the item, and it therefore must be returned to him.
הָא תָּנֵי רַבִּי חִיָּיא: שְׁלֹשָׁה כְּרוּכִין זֶה בָּזֶה.
The Gemara rejects this inference: Doesn’t Rabbi Ḥiyya teach that the reference is to three documents that are rolled together? The fact that they are rolled together is what serves as a distinguishing mark, rather than the knots.
אִי הָכִי, הַיְינוּ תַּכְרִיךְ? תַּכְרִיךְ כֹּל חַד וְחַד בְּרֵאשֵׁהּ דְּחַבְרֵיהּ, אֲגוּדָּה דִּרְמוּ אַהֲדָדֵי (וּכְרוּכוֹת).
The Gemara asks: If so, this case is identical to the case of a roll of documents, which is also mentioned in the mishna. What is the difference between a roll and a bundle? The Gemara answers: A roll is referring to a case where each and every one of the documents is located at the top of another one, i.e., they are rolled together such that the top of each page is near the bottom of the previous page. A bundle, by contrast, is referring to a case where they are located one on top of the other and rolled together.
מַאי מַכְרִיז, מִנְיָן?
The Gemara asks: What does the person who found the documents proclaim so that the owner can claim it? The Gemara answers: He proclaims the number of documents that he found, and the owner can describe them by saying that they were rolled together.
מַאי אִרְיָא תְּלָתָא אֲפִילּוּ תְּרֵין נָמֵי!
The Gemara asks: If so, why does the tanna teach specifically a case of three documents? Even if two documents are found, they can also be returned in this manner.
אֶלָּא כִּדְאָמַר רָבִינָא: טִבְעָא מַכְרֵיז, הָכָא נָמֵי ״שְׁטָרֵי״ מַכְרֵיז.
Rather, the finder proclaims his find in a manner similar to that which Ravina said: If one finds coins, he simply proclaims that he found coins, without specifying the number. Here too, the finder proclaims that he found documents, and the owner describes them by both their exact number and the fact that they were rolled together. Therefore, if there are only two documents the description is deficient, as the number two is already implicit in the finder’s proclamation that he found documents, which is plural.
רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: אֶחָד הַלֹּוֶה מִשְּׁלֹשָׁה יַחְזִיר לַלֹּוֶה וְכוּ׳. דְּאִי סָלְקָא דַעְתָּךְ דְּמַלְוִין נִינְהוּ, מַאי בָּעוּ גַּבֵּי הֲדָדֵי?
§ The mishna teaches that Rabban Shimon ben Gamliel says: If one finds three promissory notes that make reference to the loans of one person who borrowed from three people, he must return them to the debtor. The Gemara explains: The reason for this is that if it enters your mind that these promissory notes belong to the creditors, what are they doing together in one place?
דִּלְמָא לְקַיּוֹמִינְהוּ אָזְלִי? דִּמְקַיְּימִי.
The Gemara suggests: Perhaps the three creditors all went to court in order to ratify their promissory notes, and the notes were lost together there. The Gemara responds that the mishna is referring to a case where the promissory notes are ratified.
דִּלְמָא מִידָא דְסָפְרָא נְפֻל? לָא מְשַׁהֵי אִינִישׁ קִיּוּמֵיהּ בִּידָא דְסָפְרָא.
The Gemara asks: Perhaps they fell from the hand of the scribe of the court after he ratified them. The Gemara answers: A person does not leave his ratified promissory note in the possession of the scribe. Therefore, the most likely scenario is that the promissory notes were lost by the debtor.
שְׁלֹשָׁה שֶׁלָּווּ מֵאֶחָד יַחְזִיר לַמַּלְוֶה וְכוּ׳. דְּאִי סָלְקָא דַעְתָּךְ דְּלֹוִין נִינְהוּ, מַאי בָּעוּ גַּבֵּי הֲדָדֵי?
§ The mishna teaches: If the promissory notes make reference to the loans of three people who borrowed from one person, the one who found them must return them to the creditor. The Gemara explains: The reason for this is that if it enters your mind that these promissory notes belong to the debtors, what are they doing together?
דִּלְמָא לְמִכְתְּבִנְהוּ אֲזֻל? דִּכְתִיבִי בִּתְלָת יְדֵי סָפְרֵי.
The Gemara asks: Perhaps the three went to one scribe to write the promissory notes, and the notes were then lost together. The Gemara answers that the mishna is referring to a case where the promissory notes are written in the handwriting of three different scribes.
וְדִלְמָא לְקַיּוֹמִינְהוּ אֲזֻל? מַלְוֶה מְקַיֵּים שְׁטָרֵיהּ, לֹוֶה לָא מְקַיֵּים שְׁטָרֵיהּ.
The Gemara suggests: And perhaps the three debtors went to the court in order to ratify the promissory notes, and they lost them there. The Gemara answers: It is the creditor who ratifies his promissory note; the debtor does not ratify his promissory note.
אִם יֵשׁ עִמָּהֶן סִמְפּוֹנוֹת – יַעֲשֶׂה מָה שֶׁבַּסִּמְפּוֹנוֹת. אָמַר רַב יִרְמְיָה בַּר אַבָּא אָמַר רַב: סִמְפּוֹן הַיּוֹצֵא מִתַּחַת יְדֵי מַלְוֶה, אַף עַל פִּי שֶׁכָּתוּב בִּכְתַב יָדוֹ – אֵינוֹ אֶלָּא כִּמְשַׂחֵק, וּפָסוּל.
§ The mishna teaches: If there are cancellations of contracts [simponot] among one’s documents, he should do what is stated in the simponot. The Gemara cites that which Rav Yirmeya bar Abba says that Rav says: With regard to a simpon that emerges from the possession of a creditor, even if it is written in his own handwriting and is clearly not forged, it is considered as though he were merely jesting and the simpon is invalid.
לָא מִבַּעְיָא כָּתוּב בִּכְתַב יַד סוֹפֵר, דְּאִיכָּא לְמֵימַר סָפְרָא אִתְרְמִי לֵיהּ וּכְתַב, אֶלָּא אֲפִילּוּ כָּתוּב בִּכְתַב יָדוֹ פָּסוּל. סָבַר דִּלְמָא מִתְרְמֵי וְאָתֵי בֵּין הַשְּׁמָשׁוֹת וְקָא פָרַע לִי, דְּאִי לָא יָהֵיבְנָא לֵיהּ לָא יָהֵיב לִי זוּזֵי, אֶכְתּוֹב אֲנָא דְּכִי (אַיְיתַי) [מַיְיתֵי] לִי זוּזַי אֶתֵּן לֵיהּ.
The Gemara explains: It is not necessary to state this halakha in a case where it is written in the handwriting of a scribe, as it can be said that he happened to have an opportunity to have the scribe write the simpon, and therefore he had him write it before the debt was repaid. But even in a case where it is written in the handwriting of the creditor it is invalid. The creditor may have written the simpon himself before the debt was repaid, thinking: Perhaps the debtor will happen to come at twilight on the eve of Shabbat and wish to repay me. I should prepare a document of cancellation, as, if I do not give him one, he will not give me the money. I will therefore write the document now, so that when he brings me the money, I will give it to him.
תְּנַן: אִם יֵשׁ עִמָּהֶן סִמְפּוֹנוֹת, יַעֲשֶׂה מָה שֶׁבְּסִמְפּוֹנוֹת.
The Gemara challenges the statement of Rav based on that which we learned in the mishna: If there are simponot among one’s documents, he should do what is stated in the simponot. This is apparently referring to simponot that are in the possession of the creditor.
כִּדְאָמַר רַב סָפְרָא: שֶׁנִּמְצָא בֵּין שְׁטָרוֹת קְרוּעִין, הָכָא נָמֵי שֶׁמְּצָאוֹ בֵּין שְׁטָרוֹת קְרוּעִין.
The Gemara answers that the mishna is to be understood in accordance with that which Rav Safra said in response to another difficulty: It is referring to a case where the simpon was found among torn documents. This indicates that the simpon is valid, as had the debt not been repaid, the creditor would not have put the simpon note among torn documents. Here too, the mishna is referring to a case where the simpon was found among torn documents.
תָּא שְׁמַע: נִמְצָא לְאֶחָד בֵּין שְׁטָרוֹתָיו שְׁטָרוֹ שֶׁל יוֹסֵף בֶּן שִׁמְעוֹן פָּרוּעַ – שְׁטָרוֹת שְׁנֵיהֶם פְּרוּעִין!
Come and hear another challenge to Rav’s statement from a mishna (Bava Batra 172a): If one found among his documents a simpon that says: The debt mentioned in the promissory note of Yosef ben Shimon is repaid, and there are two people by that name who owe him money, the debts mentioned in the promissory notes of both of them are considered repaid, as each can claim that the cancellation is referring to his debt, and the burden of proof rests upon the creditor. Apparently, a simpon that is found in the possession of the creditor is valid.
כִּדְאָמַר רַב סָפְרָא: שֶׁנִּמְצָא בֵּין שְׁטָרוֹת קְרוּעִין, הָכָא נָמֵי שֶׁנִּמְצָא בֵּין שְׁטָרוֹת קְרוּעִין.
The Gemara answers that this mishna, too, is to be understood in accordance with that which Rav Safra said in response to another difficulty: It is referring to a case where the simpon was found among torn documents. Here too, the mishna is referring to a case where the simpon was found among torn documents.
תָּא שְׁמַע: ״שְׁבוּעָה שֶׁלֹּא פְּקָדַנוּ אַבָּא, וְשֶׁלֹּא אָמַר לָנוּ אַבָּא, וְשֶׁלֹּא מָצָאנוּ בֵּין שְׁטָרוֹתָיו שֶׁל אַבָּא שֶׁשְּׁטָר זֶה פָּרוּעַ״.
Come and hear another challenge to Rav’s statement from a mishna (Shevuot 45a): If orphans who inherited their father’s property demand repayment of a debt owed to their father from the orphans of the debtor, they are required to take an oath stating: We take an oath that our father did not instruct us on his deathbed that the debt mentioned in this promissory note was repaid and it should be returned to the debtor, nor did our father say to us on an earlier date that it was repaid, nor did we find among the documents of our father a simpon stating that this promissory note was repaid. This too, seems to indicate that a simpon is valid even if it is found in the possession of the creditor.
אָמַר רַב סָפְרָא: שֶׁנִּמְצָא בֵּין שְׁטָרוֹת קְרוּעִין.
The Gemara answers by citing the statement of Rav Safra, who said in this context that this reference is to a case where the simpon was found among torn documents.
תָּא שְׁמַע: סִמְפּוֹן שֶׁיֵּשׁ עָלָיו עֵדִים יִתְקַיֵּים בְּחוֹתְמָיו. אֵימָא ״יִתְקַיֵּים מֵחוֹתְמָיו״!
Come and hear another challenge from a baraita: A simpon upon which witnesses are signed is ratified by means of its signatories. The court verifies the validity of the witnesses’ signatures and thereby ratifies the document. This too seems to include a simpon that is in the possession of the creditor. The Gemara answers: Say that the baraita reads: Is ratified by obtaining confirmation from its signatories,
Today’s daily daf tools:
Delve Deeper
Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.
New to Talmud?
Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you.
The Hadran Women’s Tapestry
Meet the diverse women learning Gemara at Hadran and hear their stories.
When we heard that R. Michelle was starting daf yomi, my 11-year-old suggested that I go. Little did she know that she would lose me every morning from then on. I remember standing at the Farbers’ door, almost too shy to enter. After that first class, I said that I would come the next day but couldn’t commit to more. A decade later, I still look forward to learning from R. Michelle every morning.
Ra’anana, Israel
I started learning daf yomi at the beginning of this cycle. As the pandemic evolved, it’s been so helpful to me to have this discipline every morning to listen to the daf podcast after I’ve read the daf; learning about the relationships between the rabbis and the ways they were constructing our Jewish religion after the destruction of the Temple. I’m grateful to be on this journey!
Teaneck NJ, United States
I began my journey two years ago at the beginning of this cycle of the daf yomi. It has been an incredible, challenging experience and has given me a new perspective of Torah Sh’baal Peh and the role it plays in our lives
Efrat, Israel
I started learning after the siyum hashas for women and my daily learning has been a constant over the last two years. It grounded me during the chaos of Corona while providing me with a community of fellow learners. The Daf can be challenging but it’s filled with life’s lessons, struggles and hope for a better world. It’s not about the destination but rather about the journey. Thank you Hadran!
אפרת, Israel
When I began learning Daf Yomi at the beginning of the current cycle, I was preparing for an upcoming surgery and thought that learning the Daf would be something positive I could do each day during my recovery, even if I accomplished nothing else. I had no idea what a lifeline learning the Daf would turn out to be in so many ways.
Lexington, MA, United States
My curiosity was peaked after seeing posts about the end of the last cycle. I am always looking for opportunities to increase my Jewish literacy & I am someone that is drawn to habit and consistency. Dinnertime includes a “Guess what I learned on the daf” segment for my husband and 18 year old twins. I also love the feelings of connection with my colleagues who are also learning.
Tampa, United States
I started learning at the start of this cycle, and quickly fell in love. It has become such an important part of my day, enriching every part of my life.
Toronto, Canada
Richmond, CA, United States
I am grateful for the structure of the Daf Yomi. When I am freer to learn to my heart’s content, I learn other passages in addition. But even in times of difficulty, I always know that I can rely on the structure and social support of Daf Yomi learners all over the world.
I am also grateful for this forum. It is very helpful to learn with a group of enthusiastic and committed women.
Beit Shemesh, Israel
I was moved to tears by the Hadran Siyyum HaShas. I have learned Torah all my life, but never connected to learning Gemara on a regular basis until then. Seeing the sheer joy Talmud Torah at the siyyum, I felt compelled to be part of it, and I haven’t missed a day!
It’s not always easy, but it is so worthwhile, and it has strengthened my love of learning. It is part of my life now.
Beit Shemesh, Israel
The first month I learned Daf Yomi by myself in secret, because I wasn’t sure how my husband would react, but after the siyyum on Masechet Brachot I discovered Hadran and now sometimes my husband listens to the daf with me. He and I also learn mishnayot together and are constantly finding connections between the different masechtot.
Silver Spring, Maryland, United States
After enthusing to my friend Ruth Kahan about how much I had enjoyed remote Jewish learning during the earlier part of the pandemic, she challenged me to join her in learning the daf yomi cycle. I had always wanted to do daf yomi but now had no excuse. The beginning was particularly hard as I had never studied Talmud but has become easier, as I have gained some familiarity with it.
Brookline, United States
Palo Alto, CA, United States
After being so inspired by the siyum shas two years ago, I began tentatively learning daf yomi, like Rabbanut Michelle kept saying – taking one daf at a time. I’m still taking it one daf at a time, one masechet at a time, but I’m loving it and am still so inspired by Rabbanit Michelle and the Hadran community, and yes – I am proud to be finishing Seder Mo’ed.
Bet Shemesh, Israel
With Rabbanit Dr. Naomi Cohen in the Women’s Talmud class, over 30 years ago. It was a “known” class and it was accepted, because of who taught. Since then I have also studied with Avigail Gross-Gelman and Dr. Gabriel Hazut for about a year). Years ago, in a shiur in my shul, I did know about Persians doing 3 things with their clothes on. They opened the shiur to woman after that!
Haifa, Israel
Hadran entered my life after the last Siyum Hashaas, January 2020. I was inspired and challenged simultaneously, having never thought of learning Gemara. With my family’s encouragement, I googled “daf yomi for women”. A perfecr fit!
I especially enjoy when Rabbanit Michelle connects the daf to contemporary issues to share at the shabbat table e.g: looking at the Kohen during duchaning. Toda rabba
Jerusalem, Israel
I had dreamed of doing daf yomi since I had my first serious Talmud class 18 years ago at Pardes with Rahel Berkovitz, and then a couple of summers with Leah Rosenthal. There is no way I would be able to do it without another wonderful teacher, Michelle, and the Hadran organization. I wake up and am excited to start each day with the next daf.
Irvine, United States
I was inspired to start learning after attending the 2020 siyum in Binyanei Hauma. It has been a great experience for me. It’s amazing to see the origins of stories I’ve heard and rituals I’ve participated in my whole life. Even when I don’t understand the daf itself, I believe that the commitment to learning every day is valuable and has multiple benefits. And there will be another daf tomorrow!
Jerusalem, Israel
In January 2020 on a Shabbaton to Baltimore I heard about the new cycle of Daf Yomi after the siyum celebration in NYC stadium. I started to read “ a daily dose of Talmud “ and really enjoyed it . It led me to google “ do Orthodox women study Talmud? “ and found HADRAN! Since then I listen to the podcast every morning, participate in classes and siyum. I love to learn, this is amazing! Thank you
Atlanta, United States
Shortly after the death of my father, David Malik z”l, I made the commitment to Daf Yomi. While riding to Ben Gurion airport in January, Siyum HaShas was playing on the radio; that was the nudge I needed to get started. The “everyday-ness” of the Daf has been a meaningful spiritual practice, especial after COVID began & I was temporarily unable to say Kaddish at daily in-person minyanim.
Wynnewood, United States
Bava Metzia 20
שְׁמַע מִינַּהּ: אִיתַאּ לְדִשְׁמוּאֵל, דְּאָמַר שְׁמוּאֵל: הַמּוֹכֵר שְׁטַר חוֹב לַחֲבֵירוֹ, וְחָזַר וּמְחָלוֹ – מָחוּל, וַאֲפִילּוּ יוֹרֵשׁ מוֹחֵל.
Conclude from the fact that this suspicion is not taken into account that the halakha of Shmuel is accepted. As Shmuel says: In the case of one who sells a promissory note to another, and the seller then forgives the debt of the debtor, it is forgiven, since the debtor essentially had a non-transferable obligation to the creditor alone, and even the creditor’s heir can forgive the debt. Therefore, if the wife did engage in the deception mentioned above, it was within her rights, as she is able to forgive the debt of the marriage contract.
אַבָּיֵי אָמַר: אֲפִילּוּ תֵּימָא לֵיתַיהּ לְדִשְׁמוּאֵל, הָכָא בְּמַאי עָסְקִינַן – בְּשֶׁשְּׁטַר כְּתוּבָּה יוֹצֵא מִתַּחַת יָדָהּ. וְרָבָא אָמַר: אִי מִשּׁוּם שְׁטַר כְּתוּבָּה, חָיְישִׁינַן לִשְׁתֵּי כְתוּבּוֹת.
Abaye said: This is not conclusive proof. Even if you say that the halakha of Shmuel is not accepted, here we are dealing with a case where the marriage contract emerges from her possession, which indicates that she did not sell it. And Rava disagreed with Abaye and said: If the reason there is no suspicion that she sold her marriage contract is due to the fact that the marriage contract emerged from her possession, this reason is insufficient, as we should suspect that there might be two marriage contracts.
וְאַבָּיֵי אָמַר, חֲדָא: לִשְׁתֵּי כְתוּבּוֹת לָא חָיְישִׁינַן. וְעוֹד, שׁוֹבָר בִּזְמַנּוֹ טָרֵיף. אַבָּיֵי לְטַעְמֵיהּ, דְּאָמַר: עֵדָיו בַּחֲתוּמָיו זָכִין לוֹ.
And Abaye said in response: First, we are not concerned about the remote possibility of two marriage contracts. And furthermore, even if there is only one marriage contract, which was sold before the receipt was given to the husband, the receipt is valid, as a receipt can be used to repossess property from the time it was written, even if it was given on a later date. In saying this, Abaye conforms to his standard line of reasoning, as he says that once a monetary document is written for someone, the document’s witnesses, with their signatures, acquire it on his behalf.
מַתְנִי׳ מָצָא אִיגְּרוֹת שׁוּם וְאִיגְּרוֹת מָזוֹן, שְׁטָרֵי חֲלִיצָה וּמֵיאוּנִין, וּשְׁטָרֵי בֵירוּרִין, וְכׇל מַעֲשֵׂה בֵּית דִּין – הֲרֵי זֶה יַחְזִיר.
MISHNA: If one found documents of appraisal of a debtor’s property for the purpose of debt collection; or documents concerning food, which were drawn up when one accepted upon himself to provide sustenance for another; documents of ḥalitza; or documents of refusal of a girl upon reaching majority to remain married to the man to whom her mother or brothers married her as a minor after the death of her father; or documents of beirurin, a concept that will be explained in the Gemara; or any court enactment, e.g., a promissory note that has been authenticated by the court, in all of these cases, the finder must return the document to its presumed owner.
מָצָא בַּחֲפִיסָה אוֹ בִדְלוֹסְקָמָא, תַּכְרִיךְ שֶׁל שְׁטָרוֹת אוֹ אֲגוּדָּה שֶׁל שְׁטָרוֹת – הֲרֵי זֶה יַחְזִיר. וְכַמָּה אֲגוּדָּה שֶׁל שְׁטָרוֹת – שְׁלֹשָׁה קְשׁוּרִין זֶה בָּזֶה. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: אֶחָד הַלֹּוֶה מִשְּׁלֹשָׁה – יַחְזִיר לַלֹּוֶה. שְׁלֹשָׁה הַלֹּוִין מִן הָאֶחָד – יַחְזִיר לַמַּלְוֶה.
If one found documents in a ḥafisa or in a deluskema, both of them types of containers, or if he found a roll of documents or a bundle of documents, he must return them. And how many documents are considered to be a bundle of documents? It is three that are tied together. Rabban Shimon ben Gamliel says: If the documents make reference to loans of one person who borrowed money from three people, the finder must return them to the debtor, as they were presumably in his possession before being lost. If the documents make reference to loans of three people who borrowed money from one person, he must return them to the creditor, as they were presumably in his possession before being lost.
מָצָא שְׁטָר בֵּין שְׁטָרוֹתָיו וְאֵינוֹ יוֹדֵעַ מָה טִיבוֹ – יְהֵא מוּנָּח עַד שֶׁיָּבוֹא אֵלִיָּהוּ. אִם יֵשׁ עִמָּהֶן סִמְפּוֹנוֹת, יַעֲשֶׂה מָה שֶׁבַּסִּמְפּוֹנוֹת.
If one found a document among his documents that were given to him by other people as a trustee, and he does not know what its nature is, i.e., he does not remember who gave it to him or whether the debt mentioned in it has been paid, the document is placed aside until Elijah the prophet comes and clarifies the issue through his prophecy. If there are cancellations of contracts [simponot] among them, he should do what is stated in the simponot.
גְּמָ׳ מַאי ״שְׁטָרֵי בֵירוּרִין״? הָכָא תַּרְגִּמוּ שְׁטָרֵי טַעֲנָתָא. רַבִּי יִרְמְיָה אָמַר: זֶה בּוֹרֵר לוֹ אֶחָד וְזֶה בּוֹרֵר לוֹ אֶחָד.
GEMARA: What is meant by documents of beirurin? Here, in Babylonia, the Sages interpret it to mean documents recording each litigant’s clarification [beirur] of his claims in a court case. Rabbi Yirmeya, who lived in Eretz Yisrael, said: It is referring to cases where this litigant chooses [borer] one judge, and that litigant chooses one judge, and they choose the third judge for the case. The two litigants sign a document in which they declare which judges they choose.
וְכׇל מַעֲשֵׂה בֵּית דִּין הֲרֵי זֶה יַחְזִיר. הָהוּא גִּיטָּא דְּאִשְׁתְּכַח בֵּי דִינָא דְּרַב הוּנָא, דַּהֲוָה כְּתִיב בֵּיהּ ״בִּשְׁוִירֵי מָתָא דְּעַל רָכִיס נַהֲרָא״. אֲמַר רַב הוּנָא:
§ The Gemara addresses that which the mishna states: And with regard to any court enactment, the one who found it must return it to its presumed owner. The Gemara relates: There was a certain bill of divorce that was found in the court of Rav Huna, in which it was written that the bill of divorce was written in Sheviri City, which is located on the Rakhis River. Rav Huna said about this:
חָיְישִׁינַן לִשְׁנֵי שְׁוִירֵי. אֲמַר לֵיהּ רַב חִסְדָּא לְרַבָּה: פּוֹק עַיֵּין, דִּלְאוּרְתָּא בָּעֵי לַהּ רַב הוּנָא מִינָּךְ. נְפַק דַּק וְאַשְׁכַּח, דִּתְנַן: כׇּל מַעֲשֵׂה בֵּית דִּין הֲרֵי זֶה יַחְזִיר.
We are concerned for the possibility that there are two cities named Sheviri, and that this bill of divorce may belong to someone else who lives in the other Sheviri, and therefore it should not be returned. Rav Ḥisda said to Rabba: Go out and examine this halakha, as in the evening Rav Huna will ask you about it. He went out, examined it, and discovered a relevant source, as we learned in the mishna: With regard to any court enactment, the one who found it must return it to its presumed owner. Since this bill of divorce was found in court, it belongs to this category and should be returned.
אֲמַר לֵיהּ רַב עַמְרָם לְרַבָּה: הֵיכִי פָּשֵׁיט מָר אִיסּוּרָא מִמָּמוֹנָא? אֲמַר לֵיהּ: תְּרָדָא, ״שְׁטָרֵי חֲלִיצָה וּמֵיאוּנִין״ תְּנַן.
Rav Amram said to Rabba: How can the Master resolve the halakha in the case of a bill of divorce, which is a ritual matter, from the mishna, which discusses monetary matters? Rabba said to him: Fool, we learned in the mishna that this halakha applies in the case of documents of ḥalitza and documents of refusal as well, which are ritual matters.
פְּקַע אַרְזָא דְּבֵי רַב. מָר אָמַר: מִשּׁוּם לַתַּאי דִּידִי פְּקַע. וּמָר אָמַר: מִשּׁוּם לַתַּאי דִּידִי פְּקַע.
At that point, the supporting cedar beam of the study hall dislodged. One Sage said: It was due to my fortune that it dislodged, as you spoke to me offensively, and the other Sage said: It was due to my fortune that it dislodged, as it was you who spoke to me offensively.
מָצָא בַּחֲפִיסָה אוֹ בִדְלוֹסְקָמָא. מַאי חֲפִיסָה? אָמַר רַבָּה בַּר בַּר חָנָה: חֵמֶת קְטַנָּה. מַאי דְּלוֹסְקָמָא? אָמַר רַבָּה בַּר שְׁמוּאֵל: טְלִיקָא דְסָבֵי.
§ The mishna teaches: If one found documents in a ḥafisa or in a deluskema, he must return them. The Gemara asks: What is a ḥafisa? Rabba bar bar Ḥana says: It is a small flask. What is a deluskema? Rabba bar Shmuel says: It is a container [telika] used by the elderly.
תַּכְרִיךְ שֶׁל שְׁטָרוֹת אוֹ אֲגוּדָּה שֶׁל שְׁטָרוֹת וְכוּ׳. תָּנוּ רַבָּנַן: כַּמָּה הוּא תַּכְרִיךְ שֶׁל שְׁטָרוֹת? שְׁלֹשָׁה כְּרוּכִין זֶה בָּזֶה. וְכַמָּה הִיא אֲגוּדָּה שֶׁל שְׁטָרוֹת? שְׁלֹשָׁה קְשׁוּרִין זֶה בָּזֶה.
The mishna teaches: If one found a roll of documents or a bundle of documents, he must return them. The Sages taught in a baraita: How many documents constitute a roll of documents? A roll is three documents rolled together. And how many constitute a bundle of documents? A bundle is three documents tied together.
שָׁמְעַתְּ מִינַּהּ קֶשֶׁר סִימָן.
The Gemara infers: Conclude from it that if one lost an item that has a knot, the type of knot can serve as a distinguishing mark by means of which the owner can describe the item, and it therefore must be returned to him.
הָא תָּנֵי רַבִּי חִיָּיא: שְׁלֹשָׁה כְּרוּכִין זֶה בָּזֶה.
The Gemara rejects this inference: Doesn’t Rabbi Ḥiyya teach that the reference is to three documents that are rolled together? The fact that they are rolled together is what serves as a distinguishing mark, rather than the knots.
אִי הָכִי, הַיְינוּ תַּכְרִיךְ? תַּכְרִיךְ כֹּל חַד וְחַד בְּרֵאשֵׁהּ דְּחַבְרֵיהּ, אֲגוּדָּה דִּרְמוּ אַהֲדָדֵי (וּכְרוּכוֹת).
The Gemara asks: If so, this case is identical to the case of a roll of documents, which is also mentioned in the mishna. What is the difference between a roll and a bundle? The Gemara answers: A roll is referring to a case where each and every one of the documents is located at the top of another one, i.e., they are rolled together such that the top of each page is near the bottom of the previous page. A bundle, by contrast, is referring to a case where they are located one on top of the other and rolled together.
מַאי מַכְרִיז, מִנְיָן?
The Gemara asks: What does the person who found the documents proclaim so that the owner can claim it? The Gemara answers: He proclaims the number of documents that he found, and the owner can describe them by saying that they were rolled together.
מַאי אִרְיָא תְּלָתָא אֲפִילּוּ תְּרֵין נָמֵי!
The Gemara asks: If so, why does the tanna teach specifically a case of three documents? Even if two documents are found, they can also be returned in this manner.
אֶלָּא כִּדְאָמַר רָבִינָא: טִבְעָא מַכְרֵיז, הָכָא נָמֵי ״שְׁטָרֵי״ מַכְרֵיז.
Rather, the finder proclaims his find in a manner similar to that which Ravina said: If one finds coins, he simply proclaims that he found coins, without specifying the number. Here too, the finder proclaims that he found documents, and the owner describes them by both their exact number and the fact that they were rolled together. Therefore, if there are only two documents the description is deficient, as the number two is already implicit in the finder’s proclamation that he found documents, which is plural.
רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: אֶחָד הַלֹּוֶה מִשְּׁלֹשָׁה יַחְזִיר לַלֹּוֶה וְכוּ׳. דְּאִי סָלְקָא דַעְתָּךְ דְּמַלְוִין נִינְהוּ, מַאי בָּעוּ גַּבֵּי הֲדָדֵי?
§ The mishna teaches that Rabban Shimon ben Gamliel says: If one finds three promissory notes that make reference to the loans of one person who borrowed from three people, he must return them to the debtor. The Gemara explains: The reason for this is that if it enters your mind that these promissory notes belong to the creditors, what are they doing together in one place?
דִּלְמָא לְקַיּוֹמִינְהוּ אָזְלִי? דִּמְקַיְּימִי.
The Gemara suggests: Perhaps the three creditors all went to court in order to ratify their promissory notes, and the notes were lost together there. The Gemara responds that the mishna is referring to a case where the promissory notes are ratified.
דִּלְמָא מִידָא דְסָפְרָא נְפֻל? לָא מְשַׁהֵי אִינִישׁ קִיּוּמֵיהּ בִּידָא דְסָפְרָא.
The Gemara asks: Perhaps they fell from the hand of the scribe of the court after he ratified them. The Gemara answers: A person does not leave his ratified promissory note in the possession of the scribe. Therefore, the most likely scenario is that the promissory notes were lost by the debtor.
שְׁלֹשָׁה שֶׁלָּווּ מֵאֶחָד יַחְזִיר לַמַּלְוֶה וְכוּ׳. דְּאִי סָלְקָא דַעְתָּךְ דְּלֹוִין נִינְהוּ, מַאי בָּעוּ גַּבֵּי הֲדָדֵי?
§ The mishna teaches: If the promissory notes make reference to the loans of three people who borrowed from one person, the one who found them must return them to the creditor. The Gemara explains: The reason for this is that if it enters your mind that these promissory notes belong to the debtors, what are they doing together?
דִּלְמָא לְמִכְתְּבִנְהוּ אֲזֻל? דִּכְתִיבִי בִּתְלָת יְדֵי סָפְרֵי.
The Gemara asks: Perhaps the three went to one scribe to write the promissory notes, and the notes were then lost together. The Gemara answers that the mishna is referring to a case where the promissory notes are written in the handwriting of three different scribes.
וְדִלְמָא לְקַיּוֹמִינְהוּ אֲזֻל? מַלְוֶה מְקַיֵּים שְׁטָרֵיהּ, לֹוֶה לָא מְקַיֵּים שְׁטָרֵיהּ.
The Gemara suggests: And perhaps the three debtors went to the court in order to ratify the promissory notes, and they lost them there. The Gemara answers: It is the creditor who ratifies his promissory note; the debtor does not ratify his promissory note.
אִם יֵשׁ עִמָּהֶן סִמְפּוֹנוֹת – יַעֲשֶׂה מָה שֶׁבַּסִּמְפּוֹנוֹת. אָמַר רַב יִרְמְיָה בַּר אַבָּא אָמַר רַב: סִמְפּוֹן הַיּוֹצֵא מִתַּחַת יְדֵי מַלְוֶה, אַף עַל פִּי שֶׁכָּתוּב בִּכְתַב יָדוֹ – אֵינוֹ אֶלָּא כִּמְשַׂחֵק, וּפָסוּל.
§ The mishna teaches: If there are cancellations of contracts [simponot] among one’s documents, he should do what is stated in the simponot. The Gemara cites that which Rav Yirmeya bar Abba says that Rav says: With regard to a simpon that emerges from the possession of a creditor, even if it is written in his own handwriting and is clearly not forged, it is considered as though he were merely jesting and the simpon is invalid.
לָא מִבַּעְיָא כָּתוּב בִּכְתַב יַד סוֹפֵר, דְּאִיכָּא לְמֵימַר סָפְרָא אִתְרְמִי לֵיהּ וּכְתַב, אֶלָּא אֲפִילּוּ כָּתוּב בִּכְתַב יָדוֹ פָּסוּל. סָבַר דִּלְמָא מִתְרְמֵי וְאָתֵי בֵּין הַשְּׁמָשׁוֹת וְקָא פָרַע לִי, דְּאִי לָא יָהֵיבְנָא לֵיהּ לָא יָהֵיב לִי זוּזֵי, אֶכְתּוֹב אֲנָא דְּכִי (אַיְיתַי) [מַיְיתֵי] לִי זוּזַי אֶתֵּן לֵיהּ.
The Gemara explains: It is not necessary to state this halakha in a case where it is written in the handwriting of a scribe, as it can be said that he happened to have an opportunity to have the scribe write the simpon, and therefore he had him write it before the debt was repaid. But even in a case where it is written in the handwriting of the creditor it is invalid. The creditor may have written the simpon himself before the debt was repaid, thinking: Perhaps the debtor will happen to come at twilight on the eve of Shabbat and wish to repay me. I should prepare a document of cancellation, as, if I do not give him one, he will not give me the money. I will therefore write the document now, so that when he brings me the money, I will give it to him.
תְּנַן: אִם יֵשׁ עִמָּהֶן סִמְפּוֹנוֹת, יַעֲשֶׂה מָה שֶׁבְּסִמְפּוֹנוֹת.
The Gemara challenges the statement of Rav based on that which we learned in the mishna: If there are simponot among one’s documents, he should do what is stated in the simponot. This is apparently referring to simponot that are in the possession of the creditor.
כִּדְאָמַר רַב סָפְרָא: שֶׁנִּמְצָא בֵּין שְׁטָרוֹת קְרוּעִין, הָכָא נָמֵי שֶׁמְּצָאוֹ בֵּין שְׁטָרוֹת קְרוּעִין.
The Gemara answers that the mishna is to be understood in accordance with that which Rav Safra said in response to another difficulty: It is referring to a case where the simpon was found among torn documents. This indicates that the simpon is valid, as had the debt not been repaid, the creditor would not have put the simpon note among torn documents. Here too, the mishna is referring to a case where the simpon was found among torn documents.
תָּא שְׁמַע: נִמְצָא לְאֶחָד בֵּין שְׁטָרוֹתָיו שְׁטָרוֹ שֶׁל יוֹסֵף בֶּן שִׁמְעוֹן פָּרוּעַ – שְׁטָרוֹת שְׁנֵיהֶם פְּרוּעִין!
Come and hear another challenge to Rav’s statement from a mishna (Bava Batra 172a): If one found among his documents a simpon that says: The debt mentioned in the promissory note of Yosef ben Shimon is repaid, and there are two people by that name who owe him money, the debts mentioned in the promissory notes of both of them are considered repaid, as each can claim that the cancellation is referring to his debt, and the burden of proof rests upon the creditor. Apparently, a simpon that is found in the possession of the creditor is valid.
כִּדְאָמַר רַב סָפְרָא: שֶׁנִּמְצָא בֵּין שְׁטָרוֹת קְרוּעִין, הָכָא נָמֵי שֶׁנִּמְצָא בֵּין שְׁטָרוֹת קְרוּעִין.
The Gemara answers that this mishna, too, is to be understood in accordance with that which Rav Safra said in response to another difficulty: It is referring to a case where the simpon was found among torn documents. Here too, the mishna is referring to a case where the simpon was found among torn documents.
תָּא שְׁמַע: ״שְׁבוּעָה שֶׁלֹּא פְּקָדַנוּ אַבָּא, וְשֶׁלֹּא אָמַר לָנוּ אַבָּא, וְשֶׁלֹּא מָצָאנוּ בֵּין שְׁטָרוֹתָיו שֶׁל אַבָּא שֶׁשְּׁטָר זֶה פָּרוּעַ״.
Come and hear another challenge to Rav’s statement from a mishna (Shevuot 45a): If orphans who inherited their father’s property demand repayment of a debt owed to their father from the orphans of the debtor, they are required to take an oath stating: We take an oath that our father did not instruct us on his deathbed that the debt mentioned in this promissory note was repaid and it should be returned to the debtor, nor did our father say to us on an earlier date that it was repaid, nor did we find among the documents of our father a simpon stating that this promissory note was repaid. This too, seems to indicate that a simpon is valid even if it is found in the possession of the creditor.
אָמַר רַב סָפְרָא: שֶׁנִּמְצָא בֵּין שְׁטָרוֹת קְרוּעִין.
The Gemara answers by citing the statement of Rav Safra, who said in this context that this reference is to a case where the simpon was found among torn documents.
תָּא שְׁמַע: סִמְפּוֹן שֶׁיֵּשׁ עָלָיו עֵדִים יִתְקַיֵּים בְּחוֹתְמָיו. אֵימָא ״יִתְקַיֵּים מֵחוֹתְמָיו״!
Come and hear another challenge from a baraita: A simpon upon which witnesses are signed is ratified by means of its signatories. The court verifies the validity of the witnesses’ signatures and thereby ratifies the document. This too seems to include a simpon that is in the possession of the creditor. The Gemara answers: Say that the baraita reads: Is ratified by obtaining confirmation from its signatories,
