Bava Metzia

We apprehend that there may be two [towns called] Shawire. R. Hisda then said to Rabbah: Go and consider it carefully, for in the evening R. Huna will ask you about it. So he went and examined it, and he found that we learnt, ANY DEED ISSUED BY A COURT OF LAW ONE SHALL RETURN.  R. Amram then said to Rabbah: How does the Master derive a law relating to a religious prohibition from a civil law?  — [Rabbah] answered him: Idle talker!  The Mishnah taught [this law also] in regard to documents of 'halizah' and 'refusal'!  Whereupon the cedar column of the College split in two.  One  said: 'It split because of my lot,'  and the other  said: 'It split because of my lot.' IF ONE FINDS [DOCUMENTS] IN A SMALL BAG OR IN A CASE. What is 'hafisah'?  Rabbah b. Bar Hanah said: A small bag. What is 'deluskama'?  Rabbah bar Samuel said: A case used by old people. A ROLL OF DOCUMENTS OR A BUNDLE OF DOCUMENTS, etc. Our Rabbis taught: How many documents constitute A ROLL? Three rolled together.  And how many constitute A BUNDLE? Three tied together. Will you deduce from this that a knot is a distinguishing mark?  — [No] for behold R. Hiyya taught: Three rolled together.  But if so, this is the same as A ROLL?  — A ROLL is [made up of documents] placed end to end [and then rolled together]. A BUNDLE is [made up of documents] placed on the top of each other and then rolled together. What does [the finder] announce?  — The number [of documents found].  Then why [does the Mishnah] mention 'THREE', would not [the same law apply] also to two?  — But as Rabina says:  He announces [that he found] coins:  Here also — he announces [that he found] documents. RABBAN SIMEON B. GAMALIEL SAYS: [IF THEY BELONG TO] ONE PERSON WHO BORROWED FROM THREE, ONE SHALL RETURN [THEM] TO THE BORROWER, etc. For if you were to assume that they belonged to the lenders — how did they [the documents] come to be together? But may not [the lenders] have gone [with them to the Clerk of the Court] to have them endorsed?  — They were [already] endorsed. But may they not have been dropped by the Clerk [who endorsed them]? — people do not leave their endorsed documents with a clerk. [IF THEY BELONG TO] THREE PERSONS WHO BORROWED FROM ONE [LENDER] ONE SHALL RETURN THEM TO THE LENDER, etc. For if you were to assume that they belonged to the borrowers  — how did they [the documents] come to be together? — But may not [the persons mentioned in the documents as borrowers] have gone [to the same Clerk] to have them written?  They were written in three different handwritings. But may not [the borrowers] have gone [with them to the Clerk of the Court] to have them endorsed? — The lender gets his document endorsed, but not the borrower. IF THERE ARE NOTES OF CANCELLATION AMONG THEM ONE MUST ABIDE BY THE CONTENTS OF THE NOTES. R. Jeremiah b. Abba said in the name of Rab: A note of cancellation  that is produced by the lender  even if it is written in his own hand, is to be regarded merely as a prank, and is invalid. [This is so] not only when it is written by a scribe, in which case it may be said that the scribe happened to meet him [the lender] and wrote [the note],  but even if it is in his own handwriting  it is invalid, [for we assume that he wrote it] thinking, 'The borrower may come at dusk and pay me, and if I do not give him [the note of cancellation] he will not give me the money. I shall write [the note now], so that when he brings me the money I shall give it to him.' [But] we have learned [in the Mishnah]: IF NOTES OF CANCELLATION ARE FOUND AMONG THEM ONE SHALL ABIDE BY THE CONTENTS OF THE NOTES?  — As R. Safra said  it was found among torn documents, so here also it was found among torn documents. Come and hear: If one found among his documents [a note stating] that the note of indebtedness of Joseph b. Simeon was paid, [and there were two debtors bearing that name] the notes of both [debtors] are [deemed to have been paid]?  — As R. Safra said it was found among torn documents, so here also it was found among torn documents. Come and hear: We swear that our father has not instructed us or said anything to us, and that we have not found [any note] among his documents, to the effect that this note [of indebtedness] has been paid?  R. Safra answered: If it is found among his torn documents. Come and hear: A note of cancellation which bears the signatures of witnesses must be corroborated by the signatories?  Say: It must be corroborated through [the evidence of] the signatories: