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BAVA METZIA 17

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PAST DEDICATION
BAVA METZIA 17 (18 Iyar) - Dedicated by Avi and Lily Berger of Queens, N.Y., in memory of Lily's father, Mr. Benny Krieger (Chananel Benayahu ben Harav Yisrael Avraham Aba), zt"l, who passed away six years ago on Lag ba'Omer 5763. Mr. Krieger exemplified Ahavas Chesed, Ahavas Torah and Ahavas Eretz Yisrael.

SUMMARY

R. Yosef Ben Minyomi says in the name of R. Nachman if Beis Din completes a Psak Dina and instructs the Ba'al Din to go give the money if the Ba'al claims that he pai,d he is believed with a Shevu'as Heses.
 
If the Beis Din only said that he is Chayav to give he is not believed if he claims that he paid. (1)
 
R. Zevid says in the name of R. Nachman even if Beis Din says you are Chayav to give him the money if he subsequently claims that he paid he is believed with a Shevu'as Heses.
 
If Beis Din instructs the Ba'al Din to go give the money and the Ba'al Din claims that he paid and witnesses testify that he didn't pay he is no longer believed with a claim that he paid. (2)
 
If Beis Din told him that he is Chayav to pay and the Ba'al Din claims that he paid and witnesses testify that he didn't pay he believed if he later claims again that he paid. (3)
 
If someone claims that a person owes him money and the person denies it and witnesses testify that he is Chayav if he subsequently claims that he paid he is not believed because he is Muchzak Kafran.
 
If someone is Chayav a Shevu'ah in Beis Din and he claims that he swore and witnesses testify that he didn't swear he is no longer believed with a claim that he swore.
 
If takes upon himself a Shevu'ah and he claims that he swore and witnesses testify that he didn't swear if he later claims that he swore he is believed. (4)
 
R. Asi says in the name of R. Yochanan if someone finds a Shtar that was affirmed in Beis Din and was dated for that day he should return it because a person doesn't normally pay back a Shtar on the same day. (5)
 
R. Kahana says if someone finds a Shtar that was affirmed in Beis Din and was dated for that day it should only be returned if the borrower admits that he had not yet paid. (6)
 
If someone pays back a debt the Shtar may not be used for another loan even on the same day because the Shibud on the Shtar has already been forfeited. (7)
 
A predated Shtar is Pasul because the Ba'al ha'Shtar will collect from the Meshubadim illegitimately from the date of the Shtar.
 
If someone finds a Shtar Chov with Achrayus he should not return it even if the borrower admits that he owes the money because of the concern that it was written in Nisan and the loan didn't take place until Tishrei. (8)
 
R. Yochanan says that someone who claims that he paid a Ma'aseh Beis Din is not believed. (9)
 
If a woman is holding her Get she collects her Kesuvah even though she is not holding her Kesuvah.
 
The Tana Kama holds that a divorced or widowed woman collects her Kesuvah along with the Tosefes Kesuvah whether she was an Arusah or a Nesu'ah.
 
R. Elazar Ben Azaryah holds that she only collects the Tosefes Kesuvah if she was a Nesu'ah because he only wrote the Tosefes on condition that they would marry.

A BIT MORE

1. Since when Beis Din says you are Chayav to give it is not a final Psak Din once a person has been taken to Beis Din he doesn't normally pay before the final Psak Din and therefore he is not believed that he paid and the claimant swears that he was not paid and he collects the money.
 
2. The witnesses testify that the he claimed the money in front of them and he refused to pay.
 
3. Even though the first time that he claims he paid he was lying he is only considered a Muchzak Kafran (committed liar) because when he claimed he paid the Din had not yet been completed and therefore he denied it in order to buy time because maybe at the end Beis Din will not be Mechayev him.
 
4. Since he was not Chayav a Shevu'ah in Beis Din it is doesn't make him a liar if he claims that he swore because what he meant to say is that I changed my mind and I don't want to take upon myself a Shevu'ah.
 
5. We are also not concerned for the possibility that the Shtar was written but the loan never took place since it was affirmed by the Beis Din
 
6. We are not concerned for the possibility that in truth he had already paid but he is admitting that he didn't pay because he is borrowing money again and he wants to use the same Shtar in order to save the money that he would have had to pay the scribe for a new Shtar because the lender will not allow him to use the same Shtar because of the concern that Beis Din will find out that the Shtar was written for a different loan and will not allow him to collect from Meshubadim
 
7. Since the Shtar had been written for the previous loan, not for this one, the witnesses did not sign for this loan and therefore it is regarded as an oral loan without a Shtar and he may not collect from Meshubadim.
 
8. We are concerned that the lender will allow the Shtar to be used even though it is predated and there is a possibility that Beis Din will not allow him to collect from Meshubadim because the lender gains with a predated Shtar that he could collect the Meshubadim from the date of the Shtar and therefore he is willing to take a chance that maybe Beis Din wont allow him to collect from Meshubadim at all.
 
9. A Ma'aseh Beis Din is a Chiyuv that is a Tenai Beis Din such as the Chiyuv of a Kesuvah or the Mezonos for his wife or daughters and if he claims he paid he is not believed because since it is a Tenai Beis Din it is regarded as if there is a Shtar.

BRIEF INSIGHT

AMAD B'DIN
 
R. Yosef Ben Minyomi says in the name of R. Nachman if Beis Din completes a Psak Din and instructs the Ba'al Din to go give the money if the Ba'al claims that he paid he is believed with a Shevu'as Heses. The Rosh asks that the Gemara stated previously that once a person is taken to Din it is like a loan with a Shtar and therefore he may collect from Meshubadim, if so why is he believed with his claim that he paid? A person is not believed with a claim that he paid if there is a Shtar! The Rosh answers that the reason why a person is not believed that he paid if there is a Shtar because if he paid why is the lender still holding a Shtar and that logic doesn't apply when he was taken to Din. Therefore, regarding a claim that he paid he is believed even though he was taken to Din.

QUICK HALACHAH

MUCHZAK KAFRAN
 
If two people come to Dina and one of them makes a claims that the other owes him money if he admits that he owes the money whether Beis Din instructs him to give it to him or they say he is Chayav if after he leaves the Beis Din he claims that he paid he is believed and he must swear a Shevu'as Heses. Therefore if the claimant goes back to Beis Din and requests a paper which states the admittance they won't write it for him because maybe he paid and the claimant will claim the money a second time. If two people come to Din and one of them is Chayav to the other and Beis Din tells him to go and give the money and after he leaves the Beis Din he claims that he paid and witnesses testify that he didn't pay, for example they claim that they were with him every moment and they did not see that he paid, he regarded as a Kafran for this money. Nevertheless if the witnesses only testify that the first time the Ba'al Din claimed the money he refused to pay he is not Muchzak Kafran because maybe he paid afterwards. If the Beis Din told him that he is Chayav to pay and after he leaves the Beis Din he claims that he paid and witnesses testify that he didn't pay, for example they claim that they were with him every moment and they did not see that he paid, he is not regarded as a Kafran for this money because he is simply trying to buy time until the Beis Din reaches a final Psak Din. Therefore if he later claims that he paid and this time no witnesses contradict his claim he is believed and he swears a Shevu'as Heses and he is Patur. (Shulchan Aruch CM 79:12, 13)

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