REVACH L'DAF
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SUMMARY
A Safek Bechor is Patur from Ma'aser Beheimah.
The Torah only obligates a person to separate Ma'aser Beheimah from an animal that is certainly Chayav and not an animal that is a Safek.
If a Yisrael has ten Safek Pitrei Chamor he must separate ten lambs and than he must separated Ma'aser Beheimah from them. (1)
A person can't be Makdish Karka that in the possession of his friend if he doesn't have proof that it is his and he can't be Motzi it in Beis Din.
If someone steals Metaltelin and the owner was not yet Meya'esh neither the owner or the Gazlan may be Makdish it. (2)
If two people are holding a Talis each one takes the portion of the Talis that he is holding and the remaining portion is divided between them after they swear.
If two people are holding the edges of a Talis it is divided between them after they swear.
When a person is Koneh something with a Kinyan Sudar as soon as the Makneh takes hold of three by three finger width of the Sudar the Kinyan is effective even though the Koneh is still holding the other end.
If a person gives his wife a Get with a string attached and he is holding the string if the string is strong enough that he could pull the Get back she is not divorced. (3)
If two people are holding a Talis and a portion of the Talis is made out of gold the golden portion is split between them even though it is closer to one side. (4)
If a lender and a borrower are both holding a Shtar and each one claims it fell from him if the signatures were authenticated the lender collects half. (5)
If the signatures were not authenticated Rebbe holds that it may not be collected unless it is authenticated while R. Shimon Ben Gamliel holds that the lender may collect half. (6)
If a third party finds a Shtar even if it has been authenticated by the Beis Din he may not return the Shtar to either the borrower or the lender, while R. Yosi says that it is returned to the lender. (7)
If a Kesuvah is found if the husband admits that he had not yet paid the Kesuvah it is returned to the woman.
If the husband claims that he paid his wife the Kesuvah it is not returned to either one of them, while R. Yosi says if they are still married it shall be returned to the wife. (8)
R. Elazar says that if the lender and borrower are both holding a Shtar if both of them are holding the Tofes or the Toref it is divided between them, but if one is holding the Tofes and the other is holding the Toref one of them takes the Tofes and the other one takes the Toref. (9)
R. Yochanan says if both of them are holding the Shtar and the Toref is in the middle even if it is closer to one side the Shtar is split between the lender and the borrower.
A BIT MORE
1. If a Yisrael has a donkey which is a Safek Peter Chamor he must separated a lamb but he doesn't have to grieve it to the Kohen since it is a Safek. The lamb doesn't have Kedushah and therefore if he has ten of them he must separated Ma'aser Beheimah from them.
2. The owner can't be Makdish it because it is not in his possession and the Gazlan can't be Makdish it because it doesn't belong to him.
3. The Torah states that there must be a Kerisus for a Get to be effective and if he can pull it back it is not a Kerisus.
4. If the gold is closer to one side it is split between them because instead of splitting the Talis down the middle it is split lengthwise.
5. The lender claims that the Shtar had not yet been paid while the borrower claims that it was paid and the Shtar was given back to him and it fell from his hands. Since they are both holding the Shtar it is divided between them and the lender collects half.
6. Rebbe holds that when the borrower claims that he paid back loan the lender must authenticate the signatures in order to collect, while R. Shimon Ben Gamliel disagrees
7. The Tana Kama holds that unless the lender brings witnesses that it fell from him we don't return it to him because of the possibility that it was paid back and the borrower was the one that lost it while R. Yosi holds that we do not believe that it fell from the borrower because once the Shtar is returned to the borrower he rips it up immediately.
8. R. Yosi holds that it is not common for the husband to pay the Kesuvah while they are still married and therefore it is returned to the woman, while the Tana Kama holds that it is possible that the husband gave her money for the Kesuvah when he married her so that she will not bother the orphans for payment after he dies..
9. The Toref of the Shtar is where the date is written and only with the date is it possible for the lender to collect from Meshu'abadim and consequently the Toref of the Shtar is worth more than the Tofes therefore the one who is holding the Toref gets a bigger share of the Shtar.
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BRIEF INSIGHT
HEKDESH OF A PIKADON
If someone steals Metaltelin and the owner was not yet Meya'esh neither the owner or the Gazlan may be Makdish it. The Ran says that if a person is owed money he may not be Makdish it even if he has a Shtar since it is not in his possession and he still needs to collect it. But if he gave an item to his friend to guard the item is regarded as in his possession and he may be Makdish it. However, Tosfos says that if his friend denies the Pikadon it is no longer considered in his possession and he may not be Makdish it.
QUICK HALACHAH
A GOLDEN TALIS
If two people are holding on to the edges of the Talis and neither one is holding to at least three finger width and each one claims that it is entirely his they divide it between them equally. Even if a portion of the Talis is gold and the gold is closer to one of them it is divided equally because he may not insist that the Talis should be divided widthwise and instead we split it lengthwise. However, if each one is holding a portion of the Talis they receive the portion that they are holding and the remainder is split between them with a Shevu'ah. (Shulchan Aruch CM 138:3)
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