Soncino English Talmud
Bava Batra
Daf 169a
Rabban Simeon b. Gamaliel said: Deeds of purchase and sale also [must] not be re-written. for thus said Rabban Simeon b. Gamaliel: Where a person made a gift to his friend and [the latter] returned the deed to him, his gift [also is, thereby] returned. But the Sages say: His gift is valid. The Master had said, 'with the exception of its land security'; what is the reason? — R. Safra replied: Because two deeds may not be written In respect of the same field in case a creditor might go and seize [the field] of this [person] and [the latter] would go and produce one [deed] and seize [thereby the lands of subsequent] buyers. He would [then] say to the creditor. 'Wait until I am firmly established in the possession of this field and then come and seize it from me. He would [then] produce the other [deed] and [thereby] rob other buyers [also]. Since, however, the creditor's bond was torn, whereby would he again seize [any] land? And if it be said [that this might refer to a case] where it was not torn; surely, [it may be pointed out,] R. Nahman stated: Any tirpa which does not contain [the declaration], 'we have torn up the creditor's bond of indebtedness', Is not a [legal] tirpa; and any adrakta which does contain [the entry] 'we have torn up the tirpa is not a [legal] adrakta; I and any shuma in which [the statement]. 'We have torn up the adrakta' is not entered is not a [legal] shuma! — [The precaution was] necessary [in the case] only where one asserts a claim by virtue of his paternal rights. R. Aha of Difti said to Rabina: Why [should it be necessary] for him to say to the creditor, 'Wait until I am firmly established in the possession of this land'? This [surely], could be derived [from the fact] that since he holds two deeds he [can] seize [once] and [immediately] seize again! — If [he were to do] so [he would have had too] many litigants against him. And [why] should [not] a proper deed be written for that [man], while, for the seller, [the following quittance might] be written out: 'All deeds that [may] be produced against this land are invalid except the one bearing this date'? The Rabbis recited this before R. Papa — and others say, before R. Ashi — [and suggested that] this proves [that] no quittance is [ever] to be written.