Bava Batra 169A

Study Bava Batra folio 169A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

The baraita continues: Rabban Shimon ben Gamliel says: The court may not write a replacement document even for deeds of buying and selling land. And Rabban Shimon ben Gamliel says as well: With regard to one who gives a gift of land to another, and the recipient returned the deed to him, his gift

The Talmud analyzes the baraita: The Master says in the baraita: With regard to deeds of buying and selling land, the court may write a replacement document, excluding the guarantee that was in the first document. What is the reason that the guarantee may not be written?

Rav Safra says: It is because the court may not write two deeds of sale for the same sale of one field, lest a creditor of the seller go and repossess the field sold to this purchaser, and that purchaser go and take out one deed, and in accordance with the guarantee clause of the sale, repossess la

The Talmud asks with regard to Rav Safra’s scenario: How would it be possible for this to occur? But once the creditor repossessed the land the first time as payment of the debt, we, the court, tore the promissory note of the seller’s creditor; with what document could the creditor repossess the pu

And if you would say that we did not tear the creditor’s promissory note in the course of the first collection, that cannot be. But doesn’t Rav Naḥman say that any document of authorization to repossess liened property from its purchaser in which it is not written: We have torn the creditor’s promis