Bava Batra 170: אַלִּימֵי לְאַפְקוֹעֵי מָמוֹנָא

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A new mishna states: If someone pays back a partial amount of a debt, Rabbi Yehudah states that a new document should be written with the new amount and exchanged for the old one. Rabbi Yosi says that a receipt should be written.

Rabbi Yehudah noted: If so, it will emerge that the debtor must guard his receipt from mice (for if he loses it, the creditor will be able to collect the debt again)!

The Mishna records that Rabbi Yosei responds by saying that it is appropriate for him to have to guard his receipt, so that the other’s rights will not be infringed upon.

All agree that Rabbi Yosei’s statement refers to the fact that having to write a new promissory note with a smaller loan obligation will be to the detriment of the lender.

We explore the enforceability of beis din laws in the modern era.

Bava Batra 169: אַחְרָיוּת – טָעוּת סוֹפֵר הוּא

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With regard to deeds of buying and selling land, the court may write a replacement document, excluding the guarantee that was in the first document that if the field is repossessed the seller will compensate the purchaser for his loss.

Rafram says: This statement of Rav Naḥman serves to say that the omission of the guarantee of the sale from a document is a scribal error. That is, it is assumed that when one purchases land he expects to have his purchase guaranteed, and that if such a clause is not stated in the document it is presumed to be a mere scribal oversight, and a guarantee is in effect.

We explore tribal errors in bible and talmud.

Bava Batra 168: הוּזְקַקְנוּ לְעֵדוּתָן שֶׁל עֵדִים

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The Mishna on today’s daf describes a case where a borrower pays back part of a loan that he owes, and the lender hands the promissory note to a third party in order to assure the borrower that he will not try to collect the full loan with this note. What will happen if the borrower then tells the third party that if he does not pay off the rest of the loan by a specific date, then the note should be returned to the lender so that he can collect the full value? The Mishna relates that in the event that the loan is not paid in full, Rabbi Yosei rules that the third party should turn the note over to the lender; Rabbi Yehuda holds that he should not.

The Gemara explains that this difference of opinion is a question of whether asmakhta kanya or not.

We examine the asmachta and the halachic authority of the Rabbis.

Bava Batra 167: כל מַעֲשֵׂה בֵּית דִּין – אֶלָּא מִדַּעַת שְׁנֵיהֶם

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Steinsaltz Writes:

When a legal document is drawn up to attest to a loan or a business transaction, which of the two parties pays the cost of the scribe?

Logically it would make sense to say that the individual who will benefit from having a clear legal record of the transaction should pay the costs. Thus, the lender, who will need this documentation in order to collect the debt, would appear to be the one who should pay.

According to the Mishna, it is the borrower who will pay the scribe’s wages, similarly it is the purchaser who will pay for the receipt to be written. In other cases where a contract or legal document needs to be written, we find:

That the husband will pay the costs of a shetar kiddushin – a marriage document

That the sharecropper will pay the costs of the tenant agreement

That both parties will share the expense when they have a court case.

We review Rav Taragin’s analysis of the function of names in the get….

And Daniel Boyarin’s original claim of the crucial role of the stammaists in shaping the rhetoric of the bavli.

Bava Batra 166: וְעָמְדוּ קִינִּים בִּירוּשָׁלַיִם

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The rabbis continue to discuss interpretations of ambiguous statements that are written in documents. How should that lack of specificity be understood? Examples include one who says that they have a vague amount of money and whether that amount refers to gold, silver, or other coins.

Basic economic theory teaches that prices rise and fall based on supply and demand. The Gemara on our daf illustrates how this was known to the Sages of the Mishna, who applied that rule to assist people who brought sacrifices in the Temple.

Our Gemara quotes a Mishna in Massekhet Keritot (8a) that teaches that in a case where a woman miscarried a number of times – so that it is unclear whether or not she is obligated to bring the sacrifices – she should bring just one. Given the prohibition against bringing unnecessary sacrifice in the Temple, we want to minimize the number of such sacrifices that are brought.

The Mishna continues, teaching that a woman who had five live births will be obligated to bring five sacrifices; after the first one, however, she will already be permitted to partake of kodashim. The Mishna relates that once the prices of the doves brought for these sacrifices rose in price to a golden dinar and Rabban Shimon ben Gamliel swore that he would act to lower the prices immediately. Recognizing that the rise in prices stemmed from the many women who came to bring multiple sacrifices, he went to the study hall and taught that even someone who had many births was only obligated to bring a single sacrifice, and the prices fell.

We explore price manipulation ad unfair competition in Halacha.

Bava Batra 165: אֵין פָּחוֹת מִדִּינָר דְּהַב

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The Gemora cites a braisa: If it was written, “Silver,” it signifies that he has a claim of no less than a silver dinar. “Silver dinarim” or “dinarim silver” signifies a claim of no less than two silver dinarim. “Silver in dinarim” signifies a claim of silver for no less than two gold dinarim. The Master had said: If it was written, “Silver,” it signifies that he has a claim of no less than a silver dinar.

We explore coinage in antiquity.

Bava Batra 164: אֶלָּא אֲבַק לָשׁוֹן הָרַע

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According to Jewish law, are there limitations on the praise that a person is allowed to heap on his friend?

This issue comes up as part of a discussion about documents that were either poorly – or else well – written.

Rabbi [Yehuda HaNasi] received a get mekushar (see above – daf 160) and he could not locate the date. His son, Rabbi Shimon, suggested that it may have been “swallowed up” by the folds of the document. Rabbi unfolded the document and found the date. Rabbi Shimon then realized that Rabbi was peering in at him and he understood that his father assumed that he had written it incorrectly. Rabbi Shimon defended himself by saying that he had not written the document, rather it was written by Rabbi Yehuda the Tailor. Rabbi became upset with his son and told him that he should avoid telling stories that involved lashon ha-ra (evil tidings).

We explore the notion of “avak loshen horah.”

Bava Batra 163: סָהֲדֵי אַטְּיוּטָא הוּא דַּחֲתִימִי

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Our dad continues the sugya that legal documents needed to be signed by witnesses in order to ensure their accuracy and validity. Even signed documents, however, may be compromised, if they are signed in a way that will lead to questions or confusion.

The rabbis continue to debate the end of a valid document. They have determined that a forgery or another addition could be written on two extra lines of a document after it has been signed. Thus a document is invalidated if there are two or more lines left blank at the end of a document. So how must a document end? How must a document be signed?

we enter the filed of talmud scholarship with Moulie Vidas’ work who offers an alternative vision of the Talmud’s editors, rejecting Halivni’s claim that they were faithful traditionalists as well as Neusner’s that they were fully autonomous authors. In both extremes, Vidas notes, “The Talmud’s creators... do not claim an identity or voice of their own, distinct from that of their traditions.” Neither, Vidas argues, does justice to the stratigraphic feel of the text, the impression it gives of being the product of both a single tradition and of multiple times and places.

For Vidas, by contrast, the Talmud’s editors fashion literary structures precisely so as to sharply differentiate their own, anonymous voices from the traditions they inherit.

Bava Batra 162: הִרְחִיק אֶת הָעֵדִים שְׁנֵי שִׁיטִין

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The Gemara on our daf presents a baraita that teaches that if the witnesses did not sign immediately after the text of the document, i.e. if two lines or more were left blank, the document is no longer trustworthy.

On the other hand, if there are four or five signatures on the document, even if one of them turns out to be disqualified as a witness – e.g. he was found to be related – the document may, nevertheless, be accepted if it can be affirmed based on the other, reliable signatures.

In the case of a legal document, we cannot assume that everyone who signed had the intention to testify. It could be that additional names were added simply to fill in the empty space, to honor the guests or because one of the parties insisted that everyone in the room sign their names.

We explore the literary concept of poetics in legal narratives as well as the shaping of Judaism in the hellenistic period.

Bava Batra 161: לָא חֲצִיף אִינָשׁ לְשַׁוּוֹיֵהּ לִשְׁמֵיהּ דַּאֲבוּהּ

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When witnesses sign legal documents, what must they write so that their signatures will be recognized and confirmed?

According to the Mishna in Massekhet Gittin (87b), a person can write ben ish ploni ed – “the son of so-and-so, witness” – and that will suffice to identify the person. Similarly according to that Mishna, someone who simply signs his first name will also be recognized as a witness.

We revisit the notion of patronymics and review the history of surnames among Jews and other cultures.

Bava Batra 160: אַדְּהָכִי וְהָכִי מִיַּתְּבָא דַּעְתַּיְיהוּ

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Steinsaltz writes:

"Contracts are instruments that seal and clarify agreements. Such documents are never mentioned in the Torah – how are they viewed and regulated by Jewish law?

This question is the central issue dealt with in Perek Get Pashut, the tenth and final perek in Massekhet Bava Batra.

Although contracts are not mentioned in the Torah, there is a lengthy description of writing a contract in a poignant story related in Sefer Yirmiyahu (Chapter 32) where Yirmiyahu, who has been imprisoned for prophesying the destruction of the Temple and the exile of the Jewish people from their land, purchases a plot of land from his uncle, symbolizing the eventual return of the people from exile. Although the Gemara concludes that we cannot learn details of contract law from the story in Sefer Yirmiyahu, nevertheless we see that during First Temple times the rules that regulated written contracts were already established.

During the times of the Mishna , there were two types of contracts, ordinary ones and special ones that were called a shetar mekushar or a “tied-up document.”

We explore the laws of didim witness to a star and famous examples of forged documents in antiquity and the famous Moses Shapira scandal and dead sea scrolls.

Bava Batra 159: דִּלְמָא גְּזֵירַת מֶלֶךְ הִיא

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Why, according to Jewish law, will relatives be rejected as witnesses in a court of law?

Our Gemara raises this issue while attempting to clarify a case that the Talmud calls kasha she-be’dinei mamonot – one of the most difficult rulings in civil law. The case suggested by the Gemara as being one that is very difficult to understand is a situation where a person signs a legal document as a witness, and at a later time marries and becomes related to one of the people involved in the contract.

We explore differences between the bavli and Yerushalmi.

Bava Batra 158: אַוֵּירָא דְּאֶרֶץ יִשְׂרָאֵל מַחְכִּים

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Our new Mishna is a play on our previous Mishna. If a husband and wife - who has no children by this husband - are crushed by a house and we do not know who died first, there is a problem. The husband heirs will claim that she died first, leaving all of her property to him, and his inheritance will include her wealth. The wife's family will claim that the husband died first, and they are owed her ketubah and whatever property she brought into the marriage.

During the discussion of the mishnah the following outstanding comment was made:

When Rabbi Zeira ascended to Eretz Yisrael, he adopted the opinion of Rabbi Ila, whereas Rabba, in Babylonia, adopted the opinion stated by Rabbi Zeira. Rabbi Zeira said: Conclude from this incident that the air of Eretz Yisrael makes one wise, as when I ascended to Eretz Yisrael I accepted the opinion of Rabbi Ila, who was also from Eretz Yisrael, whereas Rabba, who remained in Babylonia, accepted my former opinion.

We explore the notion of Torat Eretz Yisrael and Rav Kook’s vision followed by a post modern analysis and rationalization of Galut torah by Omri Asscher.

Bava Batra 157: אָדָם מַקְנֶה דָּבָר שֶׁלֹּא בָּא לָעוֹלָם

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We are introduced to a Mishna where a question is answered by Beit Shammai and Beit Hillel. If a son and a father - or a person standing to inherit and the person who is giving the inheritance - die together when a house collapses on them, we need to know who died first in order to know whether the son's wife and creditors will be paid what they are owed or whether the father's inheritors will split the inheritance.

Beit Shammai say that we split the inheritance, and the inheritors receive half while the son's wife and creditors receive half. Beit Hillel say that we leave the inheritance as it was according to chazaka, and the inheritors each receive their inheritance.

We explore the world of fathers and sons through the lens of a modern day American writer Arthur Miller.

Bava Batra 156: בלא קנין וכתיבה שלא תטרוף דעתו

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Someone who is seriously ill has the same laws as a healthy person, and his sickbed will is invalid. Rather, he must gift his possessions in the regular way, that is, with money, a document, or an act of ownership for land, and with pulling to oneself for movables - this is the opinion of Rabbi Elazar. Rabbi Elazar disputes the principle discussed on the previous twenty pages that a seriously ill person can effect the transfer of his property.

Rabbi Eliezer says that if a seriously ill person gave his possessions away orally on Sabbath, his words are upheld, since on Sabbath he may not write. Rabbi Eliezer is a third opinion. Rabbi Yehoshua says that if he can distribute his possession orally on Sabbath, then all the more so he can do it on weekdays. Rabbi Yehoshua agrees with the previous twenty pages.

We explore the issue of kinyan and shabbat leniency for terminally ill person’s peace of mind and a specific analysis of the importance of morale in removing fallen soldiers from the battlefield on shabbat.

Bava Batra 155: שֶׁנּוֹלְדוּ בּוֹ סִימָנֵי סָרִיס

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Determining Maturity

Rava points out that the Mishna implies this added requirement, since it says, “one who reaches twenty, without pubic hairs – and who is a saris – is considered an adult.” The additional clause, “who is a saris” indicates that there are other signs that he is a saris.

Rabbi Chiya says that if one has no signs of a saris, nor pubic hairs, he is considered a minor until most of his life has passed, e.g. thirty-six years (the majority of seventy, the average lifespan).

The Gemora says that when people were brought to Rabbi Chiya to check for pubic hairs, he would ensure that they were not malnourished or overly obese, since both conditions can alter the appearance of the physical signs of maturity.

We explore the ramifications of male infertility.

Bava Batra 154: סִימָנִין עֲשׂוּיִין לְהִשְׁתַּנּוֹת לְאַחַר מִיתָה

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Our Gemara relates a story that occurred in Bnei Brak, where someone who inherited property from his father sold it and died soon afterwards. Family members then claimed in court that the person who sold the property was underage at the time that it was sold, and that the sale should be cancelled.

Rabbi Akiva heard the case together with the suggestion that the body be exhumed in order to ascertain whether he had reached maturity before he died. Rabbi Akiva ruled that he could not allow for nivul ha-met – desecration of the dead – in such a case; furthermore, he argued that the physical condition of the body changes after death, so that examining the body would not offer a definitive clarification of the situation.

We explore the Halachic ramifications of autopsies a a look at the talmud fro a post modern literary (Bakhtin) perspective.

Bava Batra 153: עֲלֵיהֶן לְהָבִיא רְאָיָה שֶׁבָּרִיא הָיָה

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According to the Mishna (146b), the unique power of the gift of a shekhiv mera – someone on his death bed – to take effect even without a formal kiny­an, only works if the dying man bequeaths all of his possessions while on his death bed. This clarifies to us that he is only distributing his wealth because he assumes that he has no more need for physical possessions.

Therefore, in the event that the dying man recovers, all of these presents must be returned, since they were given under a mistaken impression.

A new mishnah informs us that If there was no wording in the present document to indicate that he was a shechiv mei’ra, and he claims he was while the recipients claim he was not, he must bring proof that he was a shechiv mei’ra; these are the words of Rabbi Meir. The Chachamim say: One who takes away money from his friend must bring proof. [In this case, this refers to the people who wish to enforce the presents.]

i.e. proof of ill health is required. The rabbis disagree, believing that the recipients must provide proof.

We review the scholarship on the deathbed scene of Socrates and the metaphor of greek vs rabbinic approaches to truth through narratives in both talmud and Greek classics, in Boyarin’s "Socrates and the fat Rabbis.”

Bava Batra 152: מַתְּנַת שְׁכִיב מְרַע שֶׁכָּתוּב בָּהּ קִנְיָן

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If a seriously ill person drafted a sickbed will in which he distributed all his property, it takes effect after his death, and no further action is needed. What happens if he also performed a symbolic acquisition and wrote about it in his will?

Rav says that he is "riding on two steeds," giving his will both the power of a sickbed bequest and of the gift of a healthy person. Shmuel, however, says that he may have intended the acquisition to take effect after his death, and gifts cannot be given after death.

we continue to explore the halachic status of terminally ill as well as Death, Burial, and Rebirth in the Religions of Antiquity by Jon Davies and Jung’s attitudes to death.

Bava Batra 151: מַתְּנַת שְׁכִיב מְרַע בְּמִקְצָת

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Various stories are brought regarding women on their deathbed who gave property to one son and then changed their minds. The rabbis rule debated what the ruling should be – can one change one’s mind or once one gives away all their possessions and subsequently dies, the first statement they made is valid?

The Gemara relates that Rav Amram Chasida's mother had many documents attesting to various loans that were owed to her. On her deathbed, she gave instructions that they should all be given to Rav Amram as a gift. After her death, Rav Amram's brothers came before Rav Nachman and disputed his ownership of the debts on the grounds that he never made a proper act of Kinyan on the documents.

We present an AN ANALYSIS OF JEWISH AND COMMON LAW DOCTRINES RELATED TO THE EFFECTS OF STRESS ON SERIOUSLY ILL PATIENTS

by Martin Hirschprung…comparing deathbed requests and therapeutic exceptions to informed consent.