Soncino English Talmud
Bava Batra
Daf 32b
'It is a forged document,' said the first. On this the other leaned over to Rabbah and whispered to him, 'It is true that this is a forged document; I had a proper deed but I lost it, so I thought it best to come into court with some sort of document.' Said Rabbah: What motive has he for telling a falsehood? If he had liked he could have said [without fear of contradiction] that the document was genuine. Said R. Joseph to him: On what do you base your decision? On this document? But this document is only a piece of clay! A certain man said to another, 'Pay me the hundred zuz that I am claiming from you; here is the bond.' Said the other: 'It is a forged bond.' The first thereupon leaned over and whispered to Rabbah, 'It is true the bond is forged, but I had a genuine bond and lost it, so I thought it best to come into court with some sort of document.' Rabbah thereupon said: What motive has he for telling a falsehood? If he had liked, he could have said that it is a genuine bond. Said R. Joseph to him: On what do you base your decision? On this document? But this document is only a piece of clay. R. Idi b. Abin said: The accepted ruling follows the view of Rabbah in the case of the land and that of R. Joseph in the case of the money. It follows the view of Rabbah in the case of the land, because [we say,] Let the land remain in its present owner ship; and that of R. Joseph in the case of the money, because we again say, Let the money remain in its present ownership. A certain [man who had gone] surety for a borrower said to him, 'Give me the hundred zuz which I paid the lender on your behalf; here is your bond.' Said the other, 'Did I not pay you?' He rejoined, 'Did you not borrow the money from me again?' R. Idi b. Abin [before whom the case came] sent a message to Abaye [enquiring] as to the ruling for such a case. Abaye sent him back answer: What do you want to know? Did you not yourself say that the accepted ruling is that of Rabbah in the case of the land and of R. Joseph in the case of the money, namely, that the money should remain In Its present ownership? This, however, holds good only if the surety said to the other, 'After repaying, you again borrowed the money from me.' If, however, he says, 'I returned it to you because the coins were worn or rusty,' the obligation of the bond still remains. It was rumoured of Raba b. Sharshom that he was using for himself land that belonged to orphans [for whom he was trustee]. So Abaye sent for him and said to him: Tell me now the main facts of the case. He said: I took over this land from the father of the orphans as a mortgage [for money that he owed me], and he owed me
Sefaria
Mesoret HaShas