Talmud - Bava Batra 164b בבא בתרא קס״ד ב׳

But the date of this one, a tied document, is not the same as the date of that one, an ordinary document. In an ordinary document, when the king has reigned for one year, one year is counted for him, and when he has reigned for two years, two years are counted for him. By contrast, in a tied document, when the king has reigned for one year, two years are counted for him, and when he has reigned for two years, three years are counted for him. If a tied document is simply opened up and used as an ordinary document, then it will emerge that it is postdated by a year.

Rabbi Yehuda HaNasi continues: And there are times this can be problematic, as in a case where the debtor borrows money from the creditor, and the details of the loan are written in a tied document. And the debtor chances upon some money in the interim, i.e., during the first year after the document was written, and he repays the creditor, and says to him: Give me back my promissory note, as I have just repaid you. And the creditor says to the debtor: I lost the document and cannot give it to you. And in lieu of returning the promissory note, the creditor writes a receipt for the debtor, as protection against a second collection.

Rabbi Yehuda HaNasi continues: And then, when the time for repayment written in the promissory note arrives, the creditor will make it into an ordinary document by undoing its stitches and opening it up, and he can then say to the debtor: It is now that you borrowed this money from me, as attested in this promissory note, and the receipt you have in your possession is for a previous debt, as its date precedes the date on my document.

The Gemara answers: Rabbi Ḥanina ben Gamliel holds that one does not write a receipt in such cases. If a creditor loses his promissory note, the debtor need not pay him at all, out of concern that the debt may one day be collected again when the promissory note is found. He is not required to pay the debt and accept only a receipt, which he will then have to guard permanently to protect himself against a second collection.

The Gemara asks with regard to the previous discussion: And was Rabbi Yehuda HaNasi expert in the halakhot of tied documents? But wasn’t there a certain tied document that came before Rabbi Yehuda HaNasi, and when Rabbi Yehuda HaNasi saw the date he said: This is a postdated document. And a Sage named Zunin said to Rabbi Yehuda HaNasi: Such is the custom of this nation; when the king has reigned for one year, two years are counted for him, and when he has reigned for two years, three years are counted for him. The document is therefore not postdated. From this anecdote it is clear that Rabbi Yehuda HaNasi himself had not been familiar with this practice.

The Gemara answers: After Rabbi Yehuda HaNasi heard it from Zunin he accepted the explanation and held this way himself, and that is what prompted him to raise his objection.

§ There was a certain document on which was written, as its date: In the year of so-and-so, Archon [Arkhan], a title for a ruler, without stating any particular year of his reign. Rabbi Ḥanina said: Let it be investigated when it was that this Archon rose to his position of archon, i.e., find out the year he came to power, and the validity of the document is established from that year.

The Gemara suggests: But perhaps the writer of the document was using an Aramaic or Hebrew term, and intended to say that the reign of so-and-so had already extended [arikh] for several years. Rav Hoshaya says: Such is the custom of this nation where the document was written: In the first year of the king’s reign they refer to him with the title Archon; in his second year they refer to him with the title Digon.

The Gemara suggests: But perhaps the people deposed the ruler and then reinstated him, and the document was written in the first year of his second reign. Rabbi Yirmeya said: In that case, they would refer to him with the title Archon Digon.

§ Apropos these Greek terms, the Gemara cites two baraitot that mention them. The Sages taught (Tosefta, Nazir 1:2) that if one said: I am hereby a nazirite heina, or stated a similar expression with other comparable Greek terms, Sumakhos said that his status depends on which term he used. If he used the word heina, he is a nazirite for one term of naziriteship, i.e., thirty days; if he said digon, he is a nazirite for two terms of thirty days each; if he said terigon, he is a nazirite for three terms; tetrigon, for four terms; pentigon, for five terms.

The Sages taught in another baraita (Tosefta, Nega’im 6:3): A round house, or one that is shaped like a digon, i.e., it has two walls, one straight and one curved, or one that is shaped like a terigon, i.e., a triangle, or one that is shaped like a pentagon, does not become susceptible to the ritual impurity of leprous spots. If it is shaped like a tetrigon, i.e., a quadrilateral, it becomes susceptible to the ritual impurity of leprous spots.

The Gemara asks: From where are these matters derived? The Gemara answers: It is as the Sages taught in a baraita: The Torah states above: “If the plague be in the walls of the house” (Leviticus 14:37). The verse did not state: A wall, but “walls,” indicating that the house in question has at least two walls. And where it states below: “If the plague has spread in the walls of the house” (Leviticus 14:39), instead of stating: A wall, the verse states “walls,” indicating another two walls. There are a total of four walls mentioned here in order to indicate that a house can become impure through leprous spots only if it has four sides.

§ The Gemara relates: There was a certain tied document that came before Rabbi Yehuda HaNasi, and Rabbi Yehuda HaNasi, not realizing it was a folded document, said: There is no date on this document, so it is not valid. Rabbi Shimon, son of Rabbi Yehuda HaNasi, said to Rabbi Yehuda HaNasi: Perhaps the date is hidden between its tied folds. Rabbi Yehuda HaNasi opened it and saw that the date was in fact between the tied folds. Afterward, Rabbi Yehuda HaNasi looked at his son disapprovingly, as he held that one should not write a tied document. His son said to him: I did not write it; Rabbi Yehuda Ḥayyata wrote it. Rabbi Yehuda HaNasi said to his son: Turn away from uttering this kind of malicious speech.

Another time, Rabbi Shimon was sitting before his father and reciting a section of the book of Psalms. Rabbi Yehuda HaNasi said to him: How straight and neat is this writing in this book from which you are reading. Rabbi Shimon said to him: I did not write it; Yehuda Ḥayyata wrote it. Rabbi Yehuda HaNasi told his son: Turn away from uttering this kind of malicious speech.

The Gemara asks: Granted, there, in the first episode, there is malicious speech involved, since Rabbi Yehuda HaNasi was displeased with the writer of the document, but here, in the second episode, what malicious speech is there? Rabbi Yehuda HaNasi was complimenting the writer of the book of Psalms, not criticizing him. The Gemara answers: It is because of what Rav Dimi teaches. As Rav Dimi, the brother of Rav Safra, teaches: A person should never speak the praises of another, as out of the praise spoken about him someone may come to speak to his detriment.

Rav Amram says that Rav says: There are three sins from which a person is not spared each day. They are: Having sinful thoughts, and committing sins concerning deliberation in prayer, and uttering malicious speech. The Gemara asks: Can it enter your mind that a person cannot go through the day without uttering malicious speech?

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

BavaBatra 164b examines dating discrepancies between tied and ordinary documents, and how a lost promissory note could enable fraudulent double collection of a debt.