1)

RETURNING THROUGH SIMANIM [last line on previous Amud]

(a)

Rabah bar bar Chanah lost a Get in the Beis Medrash. He said 'I have a Siman. Also, I recognize the Get.' They returned it to him.

1.

Rabah: I do not know if they returned it to me because of the Siman. If so, they hold that (mediocre) Simanim work mid'Oraisa;

2.

Or, perhaps they returned it because I recognize it. We allow this only for a Chacham (if we know that he lies only about three things about which it is proper to lie.)

(b)

(Beraisa): If a Get was found in the market, if the husband says to give it, we give it to his wife. If not, we do not return it to either of them.

(c)

Question: When he agrees, why do we give it to her? Perhaps it was not given until after the date written!

1.

If her husband sold Peros of her property in the interim, she might use the Get to make us believe that she was already divorced, and she will take the Peros from the buyer!

(d)

Answer #1: According to the opinion that from the time a husband writes a Get, he forfeits Peros of her property, the Peros are truly hers!

(e)

Question: How can we answer for the opinion that he gets the Peros until he divorces her?

(f)

Answer #2: When she comes to take the Peros, the buyer will demand proof that the Peros grew after she received the Get.

(g)

Question: Why is this different than loan documents?

1.

(Mishnah): If one finds a loan document with Achrayus, he may not return it, because Beis Din will make the borrower (Shimon) pay.

2.

We established the Mishnah to be when Shimon admits. We are concerned lest the loan was given after the date written, and the lender might use the document to illegally collect property that Shimon sold in the interim.

i.

Why don't we say that when he comes to take the property, the buyer will demand that he prove that the document was given before the sale?

(h)

Answer: A buyer will realize that Beis Din would return a Get to a woman, even if it was not given on the date written, to enable her to remarry,. He will demand that she bring proof (when it was given);

1.

A buyer will assume that Beis Din returned a loan document in order that the lender use it to collect from buyers. He will not demand proof.

2)

WHY DO WE RETURN DOCUMENTS OF FREEDOM? [line 34]

(a)

(Mishnah): Documents of freedom...

(b)

(Beraisa): If a Get of freedom was found in the market, if the master says to give it, we give it to the slave. If not, we do not return it to either of them.

(c)

Question: When the master agrees, why do we give it? Perhaps it was not given until after the date written!

1.

If the slave bought property in the interim, and the master sold it, the slave might use the Get to make us believe that he was already freed, and he will take the property from the buyer!

(d)

Answer #1: According to the opinion that it is advantageous for a slave to go free, we can answer like Abaye, who says that when witnesses sign a document, they immediately acquire on behalf of the receiver (indeed, the slave is free from the time the Get was signed);

(e)

Question: How can we answer for the opinion that it is detrimental for a slave to go free?

(f)

Answer #2: When he comes to take the property, the buyer will demand that he prove that he was free at the time (for the same reason that he would demand that a divorcee bring proof).

3)

WHICH GIFT DOCUMENTS DO WE RETURN? [line 48]

(a)

(Mishnah): Gift Daitiki (documents)...

(b)

(Beraisa): What is a 'Daitiki'? 'Da Tehei l'Meikam (this will be established) to be' - if the giver dies, his property goes to Ploni.

(c)

What is a (standard) gift document? It says 'from today and after my death.'

(d)

Question: If it does not say 'from today and after my death' it does not acquire?!

(e)

Answer (Abaye): The Beraisa means: which gift of a healthy person is like a gift of a Shechiv Mera (a sick person who fears lest he die), which acquires only after the giver dies? It says 'from today and after my death.'

(f)

Inference: The Mishnah says that we do not give them, lest the giver reconsidered, but if he said to give them, we would!

(g)

Contradiction (Beraisa): If one finds a Daitiki, Aputiki or gift document, even if both sides agree, he may not return it to either party.

19b----------------------------------------19b

(h)

Answer #1 (R. Aba bar Mamal): We distinguish between a (normal) gift of a healthy person, and Matnas (a gift of a) Shechiv Mera. The Mishnah teaches that we return Matnas Shechiv Mera (e.g. Levi gave to Reuven, when Levi consents), because Levi can retract;

1.

Even if (Levi never gave the document to Reuven, and) he reconsidered and gave the property to Shimon, it does not harm Shimon to return the found document to Reuven:

i.

If Shimon received a normal gift, even if Reuven has an earlier Matnas Shechiv Mera, (we see that Levi retracted, so) Beis Din will give the property to Shimon;

ii.

If Shimon received a Matnas Shechiv Mera, Levi can retract (now he says to return the document to Reuven, for he wants to give it to Reuven)!

2.

The Beraisa discusses a normal gift. We do not return it, even if Levi consents, for he cannot retract.

i.

Perhaps he never gave the found document to Reuven, and reconsidered to give to Shimon, and wrote and gave a normal gift document to Shimon, and now he regrets this and wants to give to Reuven. If we give the document to Reuven, people will assume that it was given on the date written (before Shimon's document), and Reuven will get the property illegally;

ii.

If Levi did not give it to anyone else and still wants Reuven to have it, he can write another document now!

(i)

Objection (Rav Zvid): Both the Mishnah and Beraisa say Daitiki (i.e. Matnas Shechiv Mera)!

(j)

Answer #2 (Rav Zvid): Both discuss Matanos Shechiv Mera. The Mishnah says that we give it (when Levi consents), because he may retract if he wants (like above);

1.

The Beraisa says that we do not give it when Levi died and his son says to give it;

i.

Perhaps Levi never gave this document to Reuven. Levi's son (David) inherited the property, and gave it to Shimon, and now he regrets this.

ii.

David cannot retract his own gift. We are concerned lest he scheme with Reuven to give him the document. People will assume he received it in Levi's lifetime, and Reuven will get the property and split it with David.

iii.

If David did not give it to anyone else and wants Reuven to have it, he can give it to him now!

4)

ONE WHO FINDS A RECEIPT [line 46]

(a)

(Beraisa): If one found a receipt (for payment of Leah's Kesuvah), if she admits, he returns it to her husband. If not, he does not return it to either of them.

(b)

Question: When she agrees, why do we give it to him? Perhaps it was not given until after the date written, and she sold (the rights to collect) her Kesuvah (if she will be widowed or divorced) after the date on the receipt but before she was paid. Her husband might use the receipt to 'prove' that he paid the Kesuvah before she sold it!