Bava Basra - Daf 172
- A שטר for a hundred zuz cannot be substituted with two שטרות of fifty each, or vice versa
Rava said that if a lender holds a שטר stating he is owed one hundred zuz, he cannot substitute it with two שטרות of fifty zuz each without the borrower’s consent: עבדו רבנן מילתא דניחא ליה למלוה וניחא ליה ללוה – the Rabbis enacted a [policy] which is preferable to [both] the lender and the borrower. A single שטר benefits the lender, כדי שיכוף לפורעו – so [the borrower] who makes a partial payment will be compelled to pay the remaining balance, since he must guard his שובר. It also benefits the borrower, כי היכי דניפגם שטריה – so that [the lender’s] שטר will be impaired through partial payment (requiring the lender to swear before collecting the balance). Similarly, a lender cannot substitute two שטרות of fifty zuz each with a single שטר of one hundred, because two שטרות hold an advantage for both parties, because of the above reasons (in the reverse). Rav Ashi says that a holder of a hundred-zuz שטר cannot even substitute it with a single שטר of fifty zuz, because the borrower may have already paid and received a שובר for a hundred-zuz loan, and the lender can produce the fifty-zuz שטר and claim it is a different loan.
- שטרות of two people named Yosef ben Shimon in one city
The next Mishnah states that if two people in one city share a name, e.g., Yosef ben Shimon, אין יכולין להוציא שטר חוב זה על זה – they cannot produce a שטר of debt against one another, because his counterpart can claim the holder of the שטר was actually the borrower, and received it when he repaid his debt. ולא אחר יכול להוציא עליהן שטר חוב – And no one else can produce a שטר of debt against either of them, because each can claim the other Yosef is the borrower. If someone found a document among his שטרות, stating “the שטר of Yosef ben Shimon is paid,” the שטרות of both are treated as paid, since each can claim it refers to his שטר. The Mishnah advises how to avoid these problems, such as by writing a third generation (the grandfather), or some distinguishing siman.
- A שטר which records money borrowed "ממך" – from you, and the concern of נפילה
A שטר emerged in Rav Huna’s Beis Din which stated, “I, Ploni, borrowed a maneh ממך – from you,” without naming the lender. Rav Huna said “from you” can mean anyone, even the Reish Gelusa, or King Shapur, so the שטר’s holder cannot collect with it. Rabbah quoted a Baraisa, which validates a get dated only with "היום" – today, which proves it is interpreted as “the day it emerges in Beis Din.” Therefore, the phrase “from you” in this שטר should similarly mean whoever is holding the document. However, Abaye argued that the Baraisa may hold a get does not require any date, but here, ליחוש לנפילה – let us be concerned for “falling,” that the שטר was lost by the true lender, so the holder cannot collect with it!?
Rabbah infers from our Mishnah that, in a city of two Yosef ben Shimons, either can collect from other people with a שטר, which proves we are not concerned that it fell from the other Yosef ben Shimon!? Abaye responded that although we are not concerned for נפילה of a single person (that it was lost, and found by, the only two “Yosefs” who could use it), but לנפילה דרבים חיישינן – we are concerned for “falling” regarding many people, i.e. a שטר that could have been lost by anyone and found by anyone.