REVACH L'DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net
|
SUMMARY
1. The Gemara concludes that two witnesses are sufficient to protest a Chazakah. 2. Two witnesses also suffice when a person proclaims in their presence that he is being forced to sell or give away his property. 3. There is a difference between the two cases above and a case of a person who admits in front of witnesses that he owes someone money. 4. The validation of a loan document, known as Kiyum Shetaros, requires three people. 5. The Gemara discusses the classic case of protesting a forced sale (#2).
|
A BIT MORE
1. Moreover, the witnesses may write down in a document that this person told them to record this protest in a document, even if he did not explicitly command them to do so. 2. He must say this in front of two witnesses before he is forced to transact the sale or present. He does not have to tell them to write this down, and they may do so anyway. 3. In such a case, the witnesses may not write this down as an official document unless the person who admits owing the money explicitly instructs them to do so. This is because he will have more liability if this becomes a loan document than if it is merely an informal (i.e., oral) loan. 4. This is done when a person wants to validate his loan document by having the witnesses on the document appear before Beis Din, in order to authenticate their signatures on the document. The document is thereby considered valid and no claims of forgery are accepted against it, even if the witnesses are no longer available to appear before Beis Din. 5. Reuven rented a field from Shimon for many years, and then, after three years, insisted that Shimon friend sell him the field, threatening that if Shimon does not sell the field to him, he will merely claim that he bought the field from Shimon and he has a Chazakah. This is a classic case in which the owner should tell two witnesses before the sale that he is not interested in selling but is doing so merely because he is being blackmailed.
|
Next Daf
Index to Revach for Maseches Bava Basra
|