Bava Metzia 39

שמע מינה איתא לדשמואל דאמר שמואל המוכר שטר חוב לחבירו וחזר ומחלו מחול ואפי' יורש מוחל

From this<span class="x" onmousemove="('comment',' I.e., from the fact that we do not apprehend the contingency referred to, and that consequently it must be assumed that the buyer would have no claim against the husband, even if the wife's receipt had in fact been written in Nisan. ');">¹</span> we may infer that Samuel's [law] holds good, for Samuel said: If one sells a note of indebtedness to one's neighbour and then renounces [the debt], it is renounced,<span class="x" onmousemove="('comment',' The borrower's debt is cancelled, and the person who bought the note of indebtedness from the lender loses his money: (Cf. B.K. 89a; B.B. 147b.) In the same way the person who bought the Kethubah from the wife while it was still unpaid loses his claim when the wife cancels the Kethubah on being paid by the husband in Tishri. ');">²</span> and even the heir [of the lender] may renounce it. Abaye maintained: You may even say that Samuel's [law] does not hold good, [for] here we deal with a case where the deed of the <i>Kethubah</i> marriage is produced by her.<span class="x" onmousemove="('comment',' Which shows that the wife has not sold it, as otherwise the buyer would have taken possession of it. ');">³</span>

אביי אמר אפילו תימא ליתיה לדשמואל הכא במאי עסקינן בששטר כתובה יוצא מתחת ידה ורבא אמר אי משום שטר כתובה חיישינן לשתי כתובות

Raba, however, says that the production of the deed of the <i>Kethubah</i> makes no difference, for we apprehend that she may have had two copies of the <i>Kethubah</i>.<span class="x" onmousemove="('comment',' [One of which she disposed of by selling, and were it not for the fact that Samuel's ruling is accepted there would be good reason for not returning the receipt to the husband.] ');">⁴</span> Abaye again says [in reply]: Firstly, we do not apprehend that she may have had two copies of the <i>Kethubah</i>, and secondly, a receipt has validity from its date.<span class="x" onmousemove="('comment',' I.e., from the date of writing, irrespective of the date of delivery, so that even if the debt had been sold in the interval the buyer has no claim, so that the Baraitha affords no support to Samuel's ruling. ');">⁵</span> This is consistent with Abaye's view, for he says: 'The witnesses acquire it for him by their signatures.'<span class="x" onmousemove="('comment',' V. supra 13a; 19a. Cf. infra 35b. ');">⁶</span>

ואביי אמר חדא לשתי כתובות לא חיישינן ועוד שובר בזמנו טריף אביי לטעמיה דאמר עדיו בחתומיו זכין לו:

<b><i>MISHNAH</i></b>. IF ONE FINDS DEEDS OF VALUATION,<span class="x" onmousemove="('comment',' I.e., deeds in which the valuation of a debtor's property by a Court of Law, for the purpose of assigning it to the creditor, is recorded. ');">⁷</span> DEEDS OF MAINTENANCE,<span class="x" onmousemove="('comment',' I.e., deeds in which the Court records a man's undertaking to provide maintenance for his step-daughter. ');">⁸</span> DOCUMENTS OF <i>HALIZAH</i><span class="x" onmousemove="('comment',' Documents testifying that the ceremony of 'pulling off the shoe' has been performed in the case, of a childless widow whose brother-in-law refuses to perform the levirate marriage. V. Deut. XXV, 5-10, and thus enabling the widow to re-marry. ');">⁹</span>

<big><strong>מתני׳</strong></big> מצא איגרות שום ואיגרות מזון שטרי חליצה ומיאונין (מתני' יבמות קז ב) ושטרי בירורין וכל מעשה ב"ד הרי זה יחזיר

OR REFUSAL,<span class="x" onmousemove="('comment',' [H], the refusal of a fatherless girl, whose mother or brother gave her in marriage while still a minor, to accept the husband when she attains her majority. Her declaration before the Court that she does not desire the man as her husband sets her free, and the Court writes a document recording the refusal, which entitles her to marry another man. ');">¹⁰</span> DOCUMENTS OF BERURIN,<span class="x" onmousemove="('comment',' Relating to the selection of arbiters by contending parties, as explained in the Gemara below. ');">¹¹</span> OR ANY OTHER DOCUMENT ISSUED BY A COURT OF LAW, ONE SHALL RETURN THEM.<span class="x" onmousemove="('comment',' in such cases there is no reason to apprehend that the writers of the documents may have changed their minds before handing them over, as the Court of Law would not have executed them unless the transactions were completed. Nor is there any ground to question the validity of the documents in case they have been 'paid'. ');">¹²</span>

מצא בחפיסה או בדלוסקמא תכריך של שטרות או אגודה של שטרות הרי זה יחזיר וכמה אגודה של שטרות שלשה קשורין זה בזה רשב"ג אומר אחד הלוה משלשה יחזיר ללוה שלשה הלוין מן האחד יחזיר למלוה

IF ONE FINDS [DOCUMENTS] IN A SMALL BAG OR IN A CASE,<span class="x" onmousemove="('comment',' Which form distinguishing marks. V. Gemara below. ');">¹³</span> [OR IF ONE FINDS] A ROLL OR A BUNDLE<span class="x" onmousemove="('comment',' V. Gemara below. ');">¹⁴</span> OF DOCUMENTS, ONE SHALL RETURN THEM.<span class="x" onmousemove="('comment',' When they are identified by the loser. V. Gemara below. ');">¹⁵</span>

מצא שטר בין שטרותיו ואינו יודע מה טיבו יהא מונח עד שיבא אליהו אם יש עמהן סמפונות יעשה מה שבסמפונות:

AND HOW MANY DOCUMENTS CONSTITUTE 'A BUNDLE'? THREE FASTENED TOGETHER. RABBAN SIMEON B. GAMALIEL SAYS: [IF THEY BELONG TO] ONE PERSON WHO BORROWED FROM THREE [LENDERS] ONE SHALL RETURN THEM TO THE BORROWER;<span class="x" onmousemove="('comment',' As it is obvious that the borrower had them in his possession and fastened them together before losing them. It may therefore be assumed that they were paid bills. ');">¹⁶</span> [IF THEY BELONG TO] THREE PERSONS WHO BORROWED FROM ONE [LENDER] ONE SHALL RETURN THEM TO THE LENDER.<span class="x" onmousemove="('comment',' As this makes it clear that it was the lender who had them in his possession and fastened them together before losing them. The assumption is therefore that they have not been paid. ');">¹⁷</span> IF ONE FINDS A DOCUMENT AMONG ONE'S PAPERS AND DOES NOT KNOW HOW IT CAME THERE<span class="x" onmousemove="('comment',' The reference is to a note of indebtedness found among other documents, the owner not being able to remember whether it was deposited with him by the borrower or the lender, or whether it was partly paid or not. ');">¹⁸</span>

<big><strong>גמ׳</strong></big> מאי שטרי ברורין הכא תרגמו שטרי טענתא רבי ירמיה אמר זה בורר לו אחד וזה בורר לו אחד:

IT SHALL REMAIN WITH HIM UNTIL ELIJAH COMES.<span class="x" onmousemove="('comment',' For all time, or until the truth is ascertained. Cf. supra p. 6, n. 2. ');">¹⁹</span> IF THERE ARE NOTES OF CANCELLATION AMONG THEM<span class="x" onmousemove="('comment',' If there are any notes found attached to the documents showing that the debts referred to in the documents have been paid or cancelled. ');">²⁰</span> ONE MUST ABIDE BY THE CONTENTS OF THE NOTES.<span class="x" onmousemove="('comment',' I.e., the debts referred to in the documents are assumed to have been paid, and although the notes of cancellation, or receipts, should have been held by the borrower, it is assumed that the lender had them merely as a result of neglect or forgetfulness. ');">²¹</span>

וכל מעשה ב"ד הרי זה יחזיר: ההוא גיטא דאשתכח בי דינא דרב הונא דהוה כתיב ביה בשוירי מתא דעל רכיס נהרא אמר רב הונא

<b><i>GEMARA</i></b>. What are DOCUMENTS OF BERURIN? — Here [in Babylonia] it has been interpreted [as meaning] 'documents containing records of pleadings.'<span class="x" onmousemove="('comment',' Of litigants in a court of law, from [H] 'to make clear'. ');">²²</span> R. Jeremiah said: [Documents stating:] 'This party chose one [judge], and that party chose another [judge].'<span class="x" onmousemove="('comment',' I.e., documents recording the choice of judges by contending parties to decide their case, from [H] 'to select', 'to chose'. V. Sanh. 23a. ');">²³</span> OR ANY [OTHER] DEED ISSUED BY A COURT OF LAW, ONE SHALL RETURN. In the court of R. Huna there was once found a bill of divorcement<span class="x" onmousemove="('comment',' Endorsed by the court. Cf. supra, 18a and b. ');">²⁴</span> in which was written: 'In Shawire, the town which is situate by the canal Rakis.' Said R. Huna: