Bava Batra 171 - December 13, 12 Kislev
Today's daf is sponsored by Meir and Ahuva Balofsky in loving memory of Ahuva's grandmother, Basia Chava bat Yirmiyahu, on her shloshim, and in honor of their son Moshe's engagement to Maya Wind. "May Bubbie Chava's legacy carry on in this auspicious new beginning." Today's daf is sponsored by Sigal Spitzer in loving memory of her Grandma "GG" Rhoda, Raizel Bat Gital, whose first yahrzeit is today. "I love you and miss you. May her neshama have an aliyah." Today's daf is sponsored by David and Mitzi Geffen in loving memory of Mitzi's father, Jack Lock, of Harrisburg PA, who passed away four years ago. "He was so proud that all four of his children made aliya to Israel, and that his “tribe” grew during his lifetime to nearly 100 family members, spanning three generations (now four!) all in Israel. He was a generous and loving husband, father, grandfather, uncle, and brother who is sorely missed." When a borrower pays back part of a loan, two tannaitic opinions are proposed to prevent the creditor from attempting to collect the full original amount. Rabbi Yehuda suggests writing an entirely new loan document that reflects the reduced outstanding balance, replacing the original document to ensure clarity about the remaining debt. Rabbi Yosi recommends creating a receipt that the borrower keeps as proof of partial payment, serving as evidence that a portion of the loan has already been repaid and protecting the borrower from potential future claims. Rav diverges from both opinions, requiring a new document to be written specifically by the court and pre-dated to the original loan's date. This position is challenged by a braita that allows witnesses to rewrite and predate the document. However, Rav maintains his stance, arguing that witnesses lack the court's authority to create a lien on the buyer's property from the original date. Rabbi Yehuda and Rabbi Yosi also disagree about post-dated documents, specifically in cases where the post-dating is not explicitly clear. Rabbi Yehuda's position stems from his earlier view that receipts cannot be written, thus allowing post-dating as it cannot lead to deceit. Rabbi Yosi, who permits writing receipts, warns that a receipt pre-dating the post-dated document could potentially enable the creditor to collect on the loan twice. A broader question emerges regarding receipts: Are they applicable only for partial loan payments or also for fully paid loans? The conclusive view is that if a creditor claims a lost document cannot be torn, they may demand payment upon providing a receipt to the borrower. This approach is justified by the creditor's initial act of kindness in providing the loan. A Mishna in Shviit 10:5 distinguishes between pre-dated and post-dated documents. Since documents create property liens, pre-dated documents are disqualified for incorrectly placing liens on lands sold after the document's date. Post-dated documents, however, are acceptable. Rav Hamnuna limits post-dating to loan documents but raises concerns about post-dated bills of sale that could facilitate deception. He warns that a seller could repurchase land before the sale date, and the buyer might then use the deed to prove incorrect ownership. When questioned about why similar concerns do not apply to loans, the Gemara suggests that Rav Hamnuna must not permit receipts. Subsequently, post-dated documents became permitted, and people were also writing receipts. To prevent potential deceit, Rabbi Abba advised his scribes that when they wrote post-dated documents they should add to the document that it was post-dated, while Rav Safra suggested avoiding dating the receipts.
