Mishnah 1
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1)

(a)

The Mishnah discusses a Get Pashut (a regular Get) and a Get Mekushar. In what way is the latter different than an ordinary Get?

(b)

Why did Chazal institute a Get Mekushar?

(c)

Does the concept of a Get Mekushar apply to other Sh'taros?

(d)

The Tana Kama invalidates a Get Pashut whose witnesses signed on the outside and a Get Mekushar whose witnesses signed on the inside. On what grounds does Rebbi Chanina ben Gamliel disagree with the latter ruling?

2)

(a)

Rabban Shimon ben Gamliel rules 'ha'Kol ke'Minhag ha'Medinah'. What problem do we have with this? Why can it not be understood literally?

(b)

What will therefore be the Din in a case where the Minhag ha'Medinah is to write a Get Pashut, and the Shali'ach wrote a Get Mekushar, or vice-versa, and gave it to the woman?

(c)

In which case are the Tana Kama and Rabban Shimon ben Gamliel then arguing?

(d)

What is the basis of their Machlokes?

(e)

Like whom is the Halachah?

Mishnah 2
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3)

(a)

What is the minimum number of witnesses that need to sign on a Get ...

1.

... Pashut?

2.

... Mekushar?

(b)

What is the Tana coming to teach us when he says that a Get Pashut on which only one witness signed and a Get Mekushar on which only two witnesses signed is Pasul?

4)

(a)

How many Zuzim (Dinrim) are there in ...

1.

... a Manah?

2.

... a Sela?

(b)

What does the Mishnah rule in a case where they wrote in the Sh'tar 'a hundred Zuzim which are equivalent to ...

1.

... twenty Sela'im'?

2.

... thirty Sela'im'?

(c)

Then why did they insert ...

1.

... 'a hundred Zuzim' in the first case?

2.

... 'thirty Sela'im in the latter case?

(d)

Which principle governs both of these rulings?

5)

(a)

What does the Mishnah say about a case where the Sh'tar states ...

1.

... 'Kesef ... Zuzim', or ... Sela'in', or '(golden) Darkonos' ... 'which are ... ', and the amount has been erased?

2.

... 'Manah' (a hundred Zuz) at the beginning and 'two hundred' at the end, or vice-versa?

(b)

On what condition do we say that?

(c)

Then why does one write the beginning of the Sh'tar at all?

Mishnah 3
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6)

(a)

What does the Mishnah say about writing a Get for a woman when she is not present?

(b)

On what condition is this permitted?

(c)

Why is this necessary?

7)

(a)

The Tana issues the same ruling with regard to writing a Shover when the husband is not present. What is a 'Shover'?

(b)

What is it for?

(c)

Why, in this case, is it necessary for the Sofer and the witnesses to recognize both parties?

(d)

Who pays the Sofer?

8)

(a)

In similar vein, the Tana permits writing a Sh'tar for the Loveh (borrower) even when the Malveh (the creditor) is not present (See Tos. Yom-Tov). What does he say about writing it for the Malveh when the Loveh is not present?

(b)

Who pays the Sofer's fee?

(c)

This incorporates a case of Iska. What is 'Iska'?

(d)

He also permits writing a Sh'tar for the seller even when the purchaser is not present. What does he say about writing it for the purchaser when the seller is not present?

(e)

Who pays the Sofer's fee?

Mishnah 4
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9)

(a)

In whose presence must a Sh'tar Erusin (betrothal) and Nisu'in (marriage) be written?

(b)

Who pays the Sofer's fee?

(c)

Sh'tarei Arisus and Kablanus too, require both parties to be present when the Sh'tar is written. Both an Aris and a Kablan pay the owner with crops. What is the difference between them?

(d)

Who pays the Sofer's fee?

10)

(a)

Finally, the Mishnah requires both parties to be present when writing a Sh'tar Birurin or a Sh'tar on any matter concerning Beis-Din (See Tos. Yom-Tov). Sh'tar Birurin might mean a Sh'tar which notes the name of the Dayan that each litigant picked. What else might it mean (See Tos. Yom-Tov)?

(b)

Who pays the Sofer's fee?

(c)

According to the Tana Kama, they write one Sh'tar (Birurin), containing either the name of the Dayan that each one chose or the claims and counter-claims of each litigants. What does Rabban Shimon ben Gamliel say?

(d)

Like who is the Halachah?

Mishnah 5
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11)

(a)

The Mishnah discusses a case where Shimon pays Reuven part of his debt, and rather than taking the trouble to write a receipt, they hand over the Sh'tar to Levi. What does Shimon instruct Levi to do if he has not paid the balance by a certain date?

(b)

Rebbi Yossi rules that if that date arrives and Shimon has not paid, Levi should return the Sh'tar to Reuven, who may now claim the entire debt. What does Rebbi Yehudah say?

(c)

What is the basis of their Machlokes?

(d)

What is the definition of 'Asmachta'?

(e)

Like whom is the Halachah in this case?

12)

(a)

On what condition is Asmachta Koneh?

(b)

If according to some commentaries, a Beis-Din Chashuv means any three people who are experts in the Dinim of Asmachta, how does the Rambam define it?

Mishnah 6
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13)

(a)

What should Reuven do if his Sh'tar-Chov on Shimon has faded or became smudged?

(b)

How do we know that Shimon did not do it on purpose?

(c)

What will Beis-Din do?

14)

(a)

If Shimon pays Reuven part of his debt, Rebbi Yehudah holds Yachlif. What does 'Yachlif' mean?

(b)

What does Rebbi Yossi say?

(c)

On what grounds does Rebbi Yehudah object to writing a receipt?

15)

(a)

Rebbi Yossi justifies writing a receipt for two reasons; one, because It is correct for Shimon to have to look after the receipt. What is the other reason?

(b)

How does writing a receipt weaken Reuven'a claim?

(c)

Why is it then in order for Shimon to have to look after the receipt?

(d)

Like whom is the Halachah?

Mishnah 7
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16)

(a)

What does the Mishnah say about two sons, one wealthy and one poor, who inherit from their father a bathhouse or an oil-press, assuming the father built it ...

1.

... for renting out (See Tos. Yom-Tov)?

2.

... for his personal use, and the poor brother now wants to sell it, because he cannot afford the staff to run the one and olives to make oil in the other?

(b)

We learned in the first Perek that, in a case where two partners who own a courtyard that is too small to divide, we apply the principle 'Gud O Agud!' What does this mean?

(c)

Then why in our case, can the poor brother not demand that they sell it and share the proceeds?

17)

(a)

The Tana prohibits two residents of the same town who are both called Yosef ben Shimon to produce a Sh'tar-Chov against one another. Why is that?

(b)

Why does he also forbid other residents in the town to produce a Sh'tar-Chov against either of them?

(c)

And what does he say about someone finds among his Sh'taros a note stating that the Sh'tar of Yosef ben Shimon has been paid?

18)

(a)

What must they therefore do if they want to lend each other money or if someone wants to lend them?

(b)

What if their grandfathers too, shares the same ...

1.

... name?

2.

... identification marks?

(c)

What does the Mishnah rule in a case where a man on his deathbed tells his son that one Sh'tar among his Sh'tarei-Chov has been paid but he cannot remember which one?

(d)

What if there are two Sh'taros that bear the name of the same debtor?

19)

(a)

On what condition is a creditor allowed to claim from the Areiv (the guarantor?

(b)

When can he go to him first if he pleases?

20)

(a)

What does Rabban Shimon ben Gamliel say about claming from the Areiv first assuming the Loveh...

1.

... has property with which to pay?

2.

... does not have property?

(b)

We amend the Mishnah however, in that the Tana Kama actually agrees with that. On what condition then does he argue withy Rabban Shimon ben Gamliel, and permit the creditor to claim immediately from the Areiv even if the debtor is able to pay according to him?

(c)

What is the definition of ...

1.

... an Areiv?

2.

... an Areiv Kablan

(d)

What does Rabban Shimon ben Gamliel then say?

(e)

Like whom is the Halachah?

21)

(a)

What does Rabban Shimon ben Gamliel also say about a case where someone undertakes to be an Areiv to pay a woman's Kesubah where her husband possesses no property, and where he subsequently comes to divorce her?

(b)

What is the significance of a Neder al Da'as Rabim?

(c)

Why is that?

22)

(a)

The Din is however, that the Areiv of a Kesubah is not Chayav to pay, even if the husband is unable to pay. Why is that?

(b)

When is even the Areiv of a Kesubah Chayav (provided the husband abides by the above-mentioned condition)?

(c)

Why is that?

(d)

What if his son is able to pay?

Mishnah 8
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23)

(a)

What distinction does the Mishnah draw between someone who lends money with a Sh'tar and someone who lends only with witnesses?

(b)

What does claiming from Meshubadim entail?

(c)

In the former case, based on which principle may the creditor claim from Nechasim even if they are not inserted in the Sh'tar?

(d)

What if he gives him a sign I.O.U.?

(e)

Why is that?

24)

(a)

What does the Tana say about where the Areiv's obligation appears on the Sh'tar after the witnesses' signature?

(b)

Why is that?

25)

(a)

When Rebbi Yishmael ...

1.

... issued the current ruling, what did ben Azai counter?

2.

... asked him why, what was his response?

(b)

To what did he compare it?

(c)

How does ben Azai then define an Arvus that is valid?

26)

(a)

In response to ben Azai's ruling, what did Rebbi Yishmael declare with regard to anyone who wants to ...

1.

... become wise?

2.

... study Dinei Mamonos?

(b)

What reason did he give for the former statement?

(c)

Like whom is the Halachah?

(d)

What distinction does the Halachah draw between an Areiv who obligates himself before the creditor has handed over the money to the debtor and one who obligates himself afterwards?

(e)

What if the latter does not make a Kinyan?

***** Salik Maseches Bava Basra *****