Gemara here in Bava Metzia דף ז' עמוד ב' and the Gemara is בהמשך to the Gemara on דף ז' עמוד א'. The Gemara on דף ז' עמוד א' says: תנו רבנן שנים אדוקין בשטר If two people come to בית דין holding a שטר and these two people happen to be the מלווה and the לוה, מלווה אומר שלי הוא ונפל ממני ומצאתיו The מלווה says the שטר is mine. That means he never paid yet and I lost this and I found it and this guy is tries to get it away from me. The לוה אומר שלך שלי הוא ופרעתיו says, \"I paid and basically the simple pshat the Rashi says and I lost the שטר, so I don't owe you any money.\" So, the

Gemara brings a machloket between the רבנן and Rabbi Shimon ben Gamliel, but the bottom line is what the Gemara explains that everyone agrees that if the שטר is a שטר מקוים we say yechaloku. That means we don't know if he did pay or he didn't pay and since they're both holding on to the שטר, this falls under the category of שנים אוחזין בטלית. זה אומר אני מצאתיה וזה אומר אני מצאתיה and the din over there is yechaloku, yishava veyechaloku. So, the same thing here also. The מלווה if the מלווה and the לוה are holding on to the שטר, you say yechaloku. So if the loan is a hundred dollars, you divide it. Okay, right. The Gemara explains later you don't divide how much it says in the שטר, how much the loan is, but how much the value of the שטר is, which means a loan let's give an example, a שטר where it says you owe a hundred dollars, probably if you could sell that שטר on the market, it'll be worth ninety. Someone will rate it be ninety. Let's give an example. So, you pay half of that. But whatever it is, the din is yechaloku. Comes the Gemara here in דף ז' עמוד ב' and אמר רב אלעזר: מחלוקת בששניהם אדוקין בטופס ובשניהם בתורף. This din of יחלוקו that we say if they're both holding the שטר is if they're both holding it equally. Both are holding the same part of the שטר, the same חשוב part of the שטר. A

שטר, as we know, has two parts to it: a טופס and a תורף. תורף is the specifics, like how much money and what who's the person that borrowed, who's the person that lent, and the טופס is the standard לשון that every שטר has, the form. עד היום הזה when you buy get a form in Hebrew, what's called a form to fill out? You have a טופס. A טופס is a form and then you have a תורף. But it seems from the Gemara the way it used to be those days that it was divided into half. When you had the שטר, the top was the תורף said all the details and the second half was the טופס, which is the regular generic words that a estate has. So if they're both holding the same, if they're both are holding on to the תורף or both holding on to the טופס, then they're both equal. If they're both equals, יחלוקו. They divide equally. אבל אחד אדוק בטופס ואחד אדוק בתורף But if one is holding the טופס and one the תורף, that means they're holding on both sides, one is holding the תורף which is the details and one is holding just the regular form, then זה נוטל טופס וזה נוטל תורף. Each one takes what he's holding, which is basically the din by the טלית also. What's the din by the טלית? So, we learned that in the Gemara earlier. The din by טלית is that even though the Mishnah says that if they're both holding the טלית, יחלוקו. So, what did the Gemara say? Let's go back to the Gemara before. The Gemara says שנים אדוקים בטלית, זה נוטל עד מקום שידו מגעת וזה נוטל עד מקום שידו מגעת והשאר חולקין בשוה. Said if they're holding differently, so whatever each one is holding, that's what he gets. Whatever they're not holding either one is holding, then you divide. The same thing here also by the שטר, that if one is holding different than the other, each one gets what he's holding. And the Gemara explains, what does that mean? And the Gemara says the further on, that the only difference between the תורף and the טופס, that we said the

one that's holding the תורף gets the תורף and the one that's holding the טופס gets the טופס, the only difference is the זמן. In the תורף you have the date. So the one that's holding the תורף is holding the date. The one that's holding the תופס doesn't have the date. And that's the only difference. And we have to evaluate how much is the זמן worth. How do you evaluate how much holding the date is worth? Very simple. You go to the market, you find out. A שטר like this, and you want to sell it, let's say a שטר of a hundred dollars, and you want to sell it. How much is the שטר going to be sold in the market if it has a date, and how much it will be sold for if it doesn't have a date? So let's use an example. Probably if it has a date, it will, you'll pay a hundred dollars for it. If it doesn't have a date, you'll only pay 90, because without a date you can't collect from the משועבדים. So you'll only 90. So the date is worth 10 dollars. That's what it means. So the one that's holding the תורף gets the extra money that the date is worth, the one that's holding the תופס doesn't get it. So the first thing you do, the guy who's holding the תורף you give him on his credit 10 dollars, and the rest you divide equally. That's what the Gemara says. Comes Rashi, and

Rashi asks the shaila: Why do we say that the מעלה of the תורף is only the date? It's not only the date. It has all the information. The תורף has the date, has the name of the מלוה, the name of the לוה, the amount of money. So he has a lot more, not just he has a date and his share that he's holding is just the date. So what does Rashi answer? No problem. The other things don't count, because the תופס also has it, because the din is that you repeat whatever you write in the beginning in the תורף, you repeat later in the תופס. So the names and the amount of money is repeated. So automatically, they're both holding it. So the one that's holding the תורף has the name and has this, the amount, and the one that's holding the תופס also has it. The only thing the one that has the תורף has more than the other guy is the זמן, because that you don't repeat. But then Rashi asks another shaila: What about the עדים? Should be the opposite. The one that has the תופס, which is the second half, that's where you have the signatures. So the one that's holding the תופס has the signatures, and the one that's holding the תורף doesn't. So lichora the one that has the תופס should be even more, should have more. So Rashi says, that's not a problem, cause our Gemara goes according to Rabban Shimon ben Gamliel, and what did the Gemara say before Rabban Shimon ben Gamliel holds? מודה בשטר שכתבו אין צריך לקיימו. If a person says, is מודה, the לוה is מודה, the שטר yes is a real good שטר, he says I paid for it, but the שטר was a good שטר, the שטר is valid even if you don't have קיום. Normally a שטר has no validity if you're not מקיים it, if it doesn't have the certification of בית דין. But Rabban Shimon ben Gamliel says if the לוה is מודה, it doesn't need. Now in this

case, the לוה is מודה. What does the לוה טענה when he found the שטר? The לוה טענה is, I paid for it, but the שטר is good. So mimela Rashi says that according to Rabban Shimon ben Gamliel, this Gemara goes according to Rabban Shimon ben Gamliel, we don't care that the guy who is holding the תורף doesn't have the signatures. You don't need the signatures, because the לוה is מודה. Mimela, comes out like this: The guy who is holding the תופס has no מעלה of the עדות, הגם the other guy doesn't have, but we don't care, if he doesn't have the עדות, it's still good. The one that's holding the תורף doesn't have a מעלה over the תופס by the names and the amount of money, so again they're both equal, because it's written again, Rashi says.