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 Metzia 19
1) RETURNING THROUGH SIMANIM (Distinguishing marks)
(a) Rabah bar bar Chana lost a Get in the Beis Medrash. He
said 'I have a Siman; also, I recognize the Get; they
returned it to him.
2) DOCUMENTS OF FREEDOM
1. Rabah: I do not know if they returned it to me
because of the Siman - if so, they hold that
(mediocre) Simanim work mid'Oraisa;
(b) (Beraisa): A Get was found in the market - if the husband
says to give it, we give it to his wife; if not, we do
not return it to either of them.
2. Or - perhaps they returned it because I recognize it
- we only allow this by a Chacham.
(c) Question: When the husband agrees, why do we give it to
her - perhaps it was not given until after the date
1. If her husband sold produce of her property in the
interim, she might use the Get to make us believe
that she was already divorced, and she will take the
produce from the buyer!
(d) Answer #1:According to the opinion that from the time a
husband writes a Get, he is not entitled to produce of
her property, she deserves to take the produce!
1. Question: How can we answer according to the opinion
that he gets the produce until he divorces her?
(e) Answer #2: When she comes to take the produce, the buyer
will demand that she prove that she was divorced at the
(f) Question: Why is this different than loan documents?
1. (Mishnah): One who finds a loan document with
Acharayos, he should not return it, because Beis Din
will make the borrower (Shimon) pay.
(g) Answer: By a Get, the buyer will realize that Beis Din
returned it to her so she will be able to remarry, even
if it was not given on the date written - he will demand
that she bring proof;
2. We established the Mishnah when Shimon admits; we
are concerned that the loan was given later than the
date written, and the lender might use the document
to illegitimately collect property that Shimon sold
in the interim.
i. Why don't we say, when he comes to take the
property, the buyer will demand that he prove
that the document was given before the sale?
1. By a loan document, he will assume that Beis Din
returned it in order that the lender use it to
collect from buyers, he will not demand proof.
(a) (Mishnah): Documents of freedom...
3) GIFT DOCUMENTS
(b) (Beraisa): A Get of freedom was found in the market - if
the master says to give it, we give it to the slave; if
not, we do not return it to either of them.
(c) Question: When the master agrees, why do we give it -
perhaps it was not given until after the date written!
1. If the slave bought property in the interim, and the
master sold it, the slave might use the Get to make
us believe that he was already freed, and he will
take the property from the buyer!
(d) Answer #1:According to the opinion that it is
advantageous for a slave to go free, we can answer as
Abaye, who says that when witnesses sign a document, the
receiver acquires immediately (the slave indeed is free
from the time the Get was signed);
1. Question: How can we answer according to the opinion
that it is detrimental for a slave to go free?
(e) Answer #2: When he comes to take the property, the buyer
will demand that he prove that he was free at the time.
(a) (Mishnah): Gift Daitiki (documents)...
(b) (Beraisa): What is a 'Daitiki'? 'Da Tehei l'Meikam (this
will be established) to be' - if the giver dies, his
property goes to Ploni.
1. What is a (standard) gift document? If it says 'from
today and after my death'.
(c) Inference: The Mishnah says that we do not give them, for
perhaps the giver reconsidered - but if he said to give
them, we would!
2. Question: If it does not say 'from today and after
my death' it does not acquire?!
3. Answer (Abaye): The Beraisa means: which gift of a
healthy person is like a gift of a dying person,
that only acquires after the giver dies? If it says
'from today and after my death'.
(d) Contradiction (Beraisa): One who finds a Daitiki, Apotiki
or gift document - even though both sides agree, he
should not return it to either party.
(e) Answer #1 (R. Aba bar Mamal): By a gift of a dying person
(Levi), we give it, because Levi can retract;
1. Even if (he never gave this document to Reuven) he
decided to give the property to Shimon, whether as a
gift of a dying person or a normal gift, Shimon
properly gets it!
(f) Objection (Rav Zvid): Both the Mishnah and Beraisa say
Daitiki (i.e. a gift of a dying person)!
2. By a gift of a healthy person, we do not give it,
because Levi may not retract;
i. Perhaps he never gave this document to Reuven
because he reconsidered to give to Shimon, and
wrote and gave a gift document to Shimon, and
now he regrets this and wants to give to
Reuven. If we give the document to Reuven,
people will assume it was given on the date
written, and Reuven will illegitimately get the
ii. If Levi did not give it to anyone else and
still wants Reuven to have it, he can write
another document now!
(g) Answer #2 (Rav Zvid): Both speak of gifts of a dying
person; the Mishnah says that we give it (when Levi says
to do so), because he may retract if he wants (as above);
1. The Beraisa says that we do not give it when Levi
died and his son says to give it;
i. Perhaps Levi never gave this document to
Reuven; Levi's son (David) inherited the
property, and gave it to Shimon, and now he
ii. David cannot retract his own gift - we are
concerned lest he scheme with Reuven to give
him the document; people will assume he
received it in the father's lifetime, and
Reuven will get the property and split it with
iii. If David did not give it to anyone else and
wants Reuven to have it, he can give it to him