ONE WHO FINDS A RECEIPT (cont.)
Answer #1 (Rava): This shows that Shmuel is correct:
(Shmuel): If Reuven sold a loan document to Shimon, and then pardoned the debt, the debt is cancelled. If Reuven died without pardoning it, even Reuven's heir can pardon the debt. (Since Leah can pardon the Kesuvah anyway, returning the document does not hurt the buyer.)
Rejection (and Answer #2 - Abaye): This is not a proof for Shmuel. The case is, she is holding her Kesuvah (so there is no concern lest she sold it).
Rava says that this does not eliminate the concern. Perhaps two Kesuvos were written!
Abaye is not concerned for two Kesuvos;
Further, even if we were concerned, a receipt pardons the debt on the day it is signed (even if it was given only later);
This is like Abaye taught elsewhere, that when witnesses sign a document, they immediately acquire on behalf of the receiver.
DOCUMENTS THAT WE RETURN
(Mishnah): If one found documents of appraisal (of a borrower's land), of food (from a man who accepted to feed a stepdaughter), documents of Chalitzah or Mi'un, documents of Birurin (clarification or choosing; this will be explained), and all actions of Beis Din, he returns them.
If he found a document in a Chafisah or Deluskema (pouch or box), or documents wrapped together in a Tachrich or Agudah, he returns it.
Three documents tied together is considered an Agudah.
R. Shimon ben Gamliel says, if Reuven borrowed from three people, we return them to Reuven. If three people borrowed from Shimon, we return them to Shimon.
If one finds a document among his documents and does not know who deposited it with him (the lender or borrower), he leaves it until Eliyahu comes;
If (the lender) finds a receipt (among his own documents), he acts according to it.
(Gemara) Question: What are documents of Birurin?
Answer #1 (Chachamim of Bavel): They are documents that give the parties' claims.
Answer #2 (R. Yirmiyah): Each party selected one judge (and the two judges will pick the third).
(Mishnah): We return any document of actions of Beis Din.
A Get was found in Rav Huna's Beis Din; it said 'in the city of Sheviri, on the Rachis River.'
Question (Rav Huna): Are we concerned lest there are two cities 'Sheviri' on the Rachis River (and this Get belongs to a man of the other city)?
Answer (Rabah - Mishnah): We return any document of actions of Beis Din.
Question (Rav Amram): How can you learn about a Get, which affects an Isur, from monetary laws?
Answer (Rabah): Actions of Beis Din include document of Chalitzah and Mi'un, which are Isurim.
DOCUMENTS FOUND TOGETHER
(Mishnah): If they were found in a Chafisah or Deluskema.
Question: What is a Chafisah?
Answer (Rabah bar bar Chanah): It is a small wine pouch.
Question: What is a Deluskema?
Answer (Rabah bar Shmuel): It is a box in which old people put their Kelim.
(Mishnah): A Tachrich or Agudah of documents.
Question: How many is considered a Tachrich?
Answer: It is three wrapped together.
Question: How many is considered an Agudah?
Answer #1: It is three tied together.
Inference: This teaches that the type of knot is a Siman.
Rejection (and Answer #2): R. Chiya taught that an Agudah is three wrapped together (and the fact that they were wrapped is the Siman).
Question: That is a Tachrich!
Answer: In a Tachrich, the first document is rolled, and each successive document is wrapped around the previous ones, so the top of each is near the bottom of the previous. In an Agudah, the parchments were placed resting on each other, and all were wrapped at once.
Question: If one finds them, what does he announce (so the loser will know to claim them)?
Answer #1: He announces how many he found.
Objection: If the loser need not say how many there were (just that they were wrapped together) he should announce even if there were only two!
Answer #2: Ravina taught that one who finds coins announces 'coins'. Here, he announces 'documents.'
(Mishnah - R. Shimon ben Gamliel): If Reuven borrowed from three people, we return them to him.
Had they fallen from the lenders, there is no reason why they would be wrapped together.
Question: Perhaps they were being brought to be validated!
Answer: The case is, they are already validated.
Question: Perhaps the scribe dropped them!
Answer: A lender would not leave a validated document with the scribe.
(Mishnah): If Shimon lent to three people, we return them to him.
Had they fallen from the borrowers, there is no reason why they would be wrapped together.
Question: Perhaps one scribe wrote all of them!
Answer: The case is, the handwriting reveals that different scribes wrote them.
Question: Perhaps they were being brought to be validated!
Answer: The lender validates documents. The borrower does not.
DO WE ACT ACCORDING TO A RECEIPT?
(Mishnah): If there is a receipt with them, he acts according to it.
(R. Yirmiyah bar Aba): If the lender has a receipt, even in his own handwriting, we ignore it.
This is not only if a scribe wrote it, for then we can say that he happened to find a scribe, and had him write it (in case he will not find a scribe when he needs it);
Even if he wrote it himself, he wanted to be ready, in case the borrower will want to pay just before Shabbos on condition that he receives a receipt, and there will not be time to write one. (The coming five questions are against R. Yirmiyah.)
Question #1 (Mishnah): If (the lender) finds a receipt (among his own documents), he does like it says.
Answer: We can answer like Rav Safra answered (below). The case is, he found it (the document for which this receipt was written) among torn documents (this confirms that the document was paid. Alternatively, the receipt was among torn documents, to show that he does not need the receipt, i.e. he was already paid.)
Question #2 (Mishnah): If Reuven lent to two people with the same name, and found a receipt saying that one of them was paid, he may not collect from either.
Answer: Here also, we can answer like Rav Safra. He found it among torn documents.
Question #3 (Mishnah): (If Reuven's orphans that want to collect what Shimon owed Reuven from Shimon's orphans,) they must swear 'our father did not tell us, nor did we find a receipt among his documents saying that this debt was paid.' (This implies that such a receipt would be valid!)
Answer (Rav Safra): If they would find it among torn documents, the receipt would be valid.