Bava Batra 168 - December 10, 9 Kislev

Today's daf is sponsored by Miriam Benson in loving memory of her mother, Evelyn Benson, Yocheved bat Avram Leiv v'Chaya Batya. "She died on October 20th, 2024 at the age of 100. She was a wonderful mother and role model. I miss her terribly and am deeply grateful for her life. How lucky I am to have a mom such as this mom." Why did the Mishna need to specify which side needs to pay for the document in each case - is it not obvious? The Gemara brings explanations for each case. The Mishna explains that if one pays back part of a loan and both sides agree to give the document to a third party (instead of writing a receipt that part was paid) and the borrower declares, "I will the balance by a particular date and if not, return the document to the creditor," there is a debate about whether or not the creditor can claim the whole amount (if the loan is not paid back on time). This is a case of asmachta, an exaggerated claim, and Rabbi Yosi and the rabbis disagree about whether asmachta is valid or not. Even though Rav and Rabbi Yochanan held by Rabbi Yosi, that asmachta is valid, the Gemara ruled that we do not rule that way. If a document is erased/partially erased, if witnesses can testify that they saw the document, they can write a new document testifying to the validity of the erased one. How does one treat a torn document - under what circumstances is it valid? If one claims a document is lost, can a new one be written instead?