Study Bava Kamma folio 104B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
אין משלחין מעות בדיוקני, ואפילו עדים חתומים עליה. ורבי יוחנן אמר: אם עדים חתומים עליה – משלחין.
One who owes a debt may not send money with another to the creditor on the basis of a figure [deyokani] or sign used in place of a signature that is associated with the creditor. The possession of this sign on the part of the other is not sufficient proof that he has been appointed as an agent. And this is the halakha even if witnesses verifying that this is the creditor’s sign are signed on it. And R' Yoḥanan says: If there are witnesses signed on it, one may send the money with the other.
אמרי: לשמואל מאי תקנתא? כי הא דרבי אבא הוי מסיק זוזי בדרב יוסף בר חמא, אמר ליה לרב ספרא: בהדי דאתית, אייתינהו ניהלי. כי אזל להתם, אמר ליה רבא בריה: מי כתב לך: ״התקבלתי״? אמר ליה: לא. אי הכי, זיל ברישא, ויכתוב לך ״התקבלתי״.
The rabbis say: According to Shmuel, what is the rectification, i.e., what recourse is available to one who wishes to collect a debt without traveling to the debtor’s location? The Talmud answers: One may act like that course of action of R' Abba, who was owed money by Rav Yosef bar Ḥama. R' Abba said to Rav Safra: When you come back from R' Yosef bar Ḥama’s locale, bring my money to me. When Rav Safra went there, Rava, Rav Yosef bar Ḥama’s son, said to him: Did R' Abba write you a document stating: I have received payment, so that my father will have proof that he has absolved himself of the debt? Rav Safra said to him: No. Rava responded: If so, first go to him and let him write you a document stating: I have received payment, and then my father will pay you.
לסוף אמר ליה: אי כתב לך נמי ״התקבלתי״, לאו כלום הוא; דלמא אדאתית שכיב רבי אבא, ונפלו זוזי קמי יתמי, ו״התקבלתי״ דרבי אבא לאו כלום הוא. אמר ליה: ואלא מאי תקנתא? זיל נקנינהו לך אגב ארעא, ותא את כתוב לן ״התקבלתי״.
Ultimately, Rava said to him: Even if he writes you a document stating: I have received payment, it is nothing, since perhaps by the time you arrive back here, R' Abba will have died and the money will fall before his orphans as an inheritance, and the document stating: I have received payment, that was written by R' Abba, will be nothing, as the debt is no longer owed to him, but rather, to his heirs. Rav Safra said to him: Rather, what is the rectification? Rava replied: Go, and R' Abba will transfer to you the rights to the money owed to him by means of acquisition of land from him, and then you should come and write for us a document stating: I have received payment. Then, we will pay you.