POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Bava Basra 40
BAVA BASRA 39 & 40 - dedicated by an admirer of the work of the Dafyomi
Advancement Forum, l'Iluy Nishmas Mrs. Gisela (Golda bas Reb Chaim Yitzchak
Ozer) Turkel, A"H.
1) THINGS THAT REQUIRE TWO PEOPLE
(a) (Rava citing Rav Nachman): Macha'ah must be made in front
of two people, he need not tell them to write (a
document, they can write it on their own, since this
benefits him, it gives him proof that he protested);
1. Moda'ah (one who is being forced to sell or give his
property informs witnesses beforehand that he acts
unwillingly, and intends to reclaim his property
when the Ones no longer applies) must be made in
front of two people, he need not tell them to write
(b) Question (Rava): How do we understand Chalifin?
2. Admission (I, Reuven, owe Ploni) must be made in
front of two people, he must tell them to write it
(for this hurts Reuven, Ploni could use the document
to 'prove' that he was never paid);
3. Acquisition (Chalifin) can be done in front of two
(Tosfos - or even without any onlookers), the giver
need not tell them to write it;
4. Validation of documents must be in front of three
1. If it is considered an act of Beis Din, (this would
explain why he need not tell them to write - Beis
Din has the power to enact, even if it hurts a
party, but) it should require three (like all acts
of Beis Din)!
(c) Answer (Rava): Really, it is not considered an act of
Beis Din; he need not tell them to write it, since he
used Chalifin in order that the receiver will acquire
immediately, we assume that he wants the document to be
2. If it is not considered an act of Beis Din, he
should have to tell them to write it (for this hurts
(a) (Rabah and Rav Yosef): We only write a Moda'ah against
someone who does not obey Beis Din (otherwise, he should
ask Beis Din to prevent the Ones).
(b) (Abaye and Rava): Moda'ah may be written against people
such as ourselves (who obey Beis Din - sometimes, Beis
Din is not available to prevent the Ones).
(c) (Chachamim of Neharde'a): If the witnesses on a Moda'ah
did not write 'We know the Ones', it is invalid.
(d) Question: What is the Moda'ah about?
1. If it is a Moda'ah to invalidate a Get or gift,
surely he is Anus (since the giver does not receive
anything, Ones is the only reason he would give the
document if he does not want it to take effect)!
(e) Answer: Really, It is about a sale; Rava admits when
there is an Ones, as in the following case.
2. Suggestion: It is about a sale.
3. Rejection: Rava taught, we do not write a Moda'ah
about a sale!
1. Reuven's orchard was a Mashkanta to Shimon for three
years; after three years, Shimon threatened, if you
do not sell it to me, I will conceal the Mashkanta
document and claim that I bought it (he would be
believed, because he had a Chazakah, i.e. Reuven
(f) (Rav Yehudah): One cannot collect with a concealed gift
document (perhaps it was only intended to be a Moda'ah
(to invalidate a second document which will be written
for the same property), or the property was already given
to someone else).
(g) Question: What is a concealed gift document?
(h) Version #1 - Answer (Rav Yosef): The giver told the
witnesses 'Seclude yourselves and write it'.
(i) Version #2 - Answer (Rav Yosef): He did not tell the
witnesses 'Write it in the market, in public view'.
(j) Question: What is the difference between these answers?
(k) Answer: He gave no instructions where to write it.
(l) (Rava): It does work like a Moda'ah.
(m) (Rav Papa): Rava did not say this explicitly, rather it
was inferred from the following.
1. Reuven wanted to Mekadesh Leah; she agreed to accept
only if he will write all his property to her; he
agreed. Reuven's oldest son complained to him
(before the document was written), 'What will I
inherit?!' Reuven commanded witnesses to hide
themselves and write his property to his son.
2. (Rava): Neither the son nor Leah acquires the
(n) Question: What is the law when he gave no instructions
where to write it (i.e. which version does the Halachah
3. Someone heard this ruling and assumed that it is
because a concealed gift works like a Moda'ah.
4. Rejection: No - Rava only ruled thusly in this case,
for it is evident that Reuven did not want to give
i. In a case where the unconcealed gift was given
willingly, this shows that the giver wants it
to be valid, the concealed gift is not a
(o) Answer #1 (Ravina): The document is valid.
(p) Answer #2 (Rav Ashi): It is invalid.
1. The Halachah is, it is invalid.