Bava Batra 170: Standardizing the Process: Documents and Chazaka/ Partially Paid Debts

Amud (a) of today's daf focuses on an argument between Rebbi and Rabbi Shimon ben Gamliel.  Rabbi states that a person who has a document and chazakah, preexisting rights to ownership of his land, he must produce the document.  Rabbi Shimon ben Gamliel says that he needs to bring people who were witness to the chazakah.  The rabbis wonder about the nature of their argument.

Rav Dimi believes that their argument is based on whether or not otiyot, written letters, are required when one person challenges another outside of the beit din.  Abaye counters his application of this argument.  Perhaps, instead, one of the witnesses is found to be a relative or is otherwise invalid as a witness?  Other rabbis suggest that there could be invalid witnesses on the document, as well.  The rabbis argue extensively about whether or not the document should be validated.

Clearly the rabbis are acutely aware of the possibility that people might use these types of situations to benefit themselves, going against halacha.

In amud (b), the rabbis return to our last Mishna.  Rabbi Yehudah said that if one person payed part of his debt to another, he should tear the old document and write out a new document for the remaining amount owed.  Rabbi Yosi says that a receipt is give for what was paid, and Rabbi Yeudah adds that the receipt should be guarded in case mice eat it and the entire debt is demanded.  The Gemara quotes Rav Huna, citing Rav, who says that the Beit Din tears the old document and writes a new document from the original date.  A baraita counters this, suggesting that witnesses tear the old document and write the new document.  The Gemara presents an argument: witnesses are not qualified to rip a document and order a new document written!

It seems that this is likely a good example of different communities practicing in different ways.  In some communities, witnesses of documents are checked.  In other communities, witnesses of chazakah are consulted.  In some communities, writing is considered to be most important.  In others, witness reports are most valued.  Receipts, who tears a document - every details is defined by the specific communities customs.  The rabbis were attempting to create a standard practice that would apply to all communities.  In some ways that is a wonderful advancement.  In others, it erases the importance of flexibility; the value of listen to peoples' needs.