Tuesday, 11 July 2017

Bava Batra 169: Lost Documents and Returned Gifts

The Gemara walks us through a baraita that illustrates what happens when a document has been lost.  When witnesses affirm that they wrote, signed and gave back the document, a loan document is not rewritten.  Similarly a document of sale is not rewritten, and a gift is returned to the giver.   The rabbis do not wish to write two documents for one transaction because the creditor or the buyer might use the document to sell land that is not actually theirs.  The Gemara focuses on schemes that might put such contracts into question.

To answer the problems in one of these cases, a baraita suggests that the rabbis create a new document of sale without a statement of responsibility.  In fact, all documents should include statements of responsibility.  

Our daf ends with a conversation about gifts.  The rabbis argue about whether or not a gift must be returned when its accompanying document is not returned.  


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