The Gemara on today’s daf analyzes a mishnah from yesterday’s page about what to do if two people in town have the same name, which poses a challenge for writing and verifying legal documents:
If there are two people who were living in one city, one named Yosef ben Shimon and the other also named Yosef ben Shimon, one cannot present a promissory note against the other. Nor can another present a promissory note against either of them.
And if a document is found among one’s documents stating: “The promissory note against Yosef ben Shimon is repaid,” then the promissory notes of both of them are considered repaid.
According to the first clause of the mishnah, if two people have the same name, then they cannot borrow money, either from one another or from anyone else, because of the legal confusion this might create. According to the second clause of this mishnah, if both the Yosef ben Shimons in the same city owed the same creditor money, and a document is found with that creditor saying Yosef ben Shimon repaid his debt, both debts are forgiven, as it’s not possible to determine which of the two repaid his debt. It is preferable to fail to collect money due rather than extract money from someone who doesn’t owe it. The Gemara comments:
The reason is that this note was found among his papers; but if it was not suddenly found, he could present a promissory note against one of the men named Yosef ben Shimon and collect the debt from him. But didn’t we learn earlier in the mishnah: Nor can another present a promissory note against either of them?
The Gemara has detected an apparent internal contradiction in the mishnah. The specificity of the latter portion, in which we state that when a document is found after some time the creditor can’t collect, implies that if the creditor had a promissory note for one of the Yosef ben Shimons that he was in constant possession of and never forgot about, then he could collect the debt. But earlier in the mishnah, it stated that when two people have the same name, a promissory note can’t be used to extract money from either of them! How do we square the implication of this final clause with the earlier ruling in the mishnah?
Rabbi Yirmeya said: This later line in the mishnah is stated with regard to a promissory note in which the debtors’ names are tripled.
Rabbi Yirmeya resolves our dilemma by narrowing the scope of this later clause to a case where the promissory notes of the Yosef ben Shimons also contained the names of their grandfathers, thereby distinguishing them. But this raises a fairly obvious problem:
But let us see in whose name the receipt is written!
If the names are “tripled” and therefore distinguishable, why would both of their debts be considered repaid? Shouldn’t it be eminently clear now who still owes money and who has repaid their debt?
Rav Hoshaya said: The case is where the debtors’ names are tripled in the promissory note, but the names are not tripled in the receipt.
Rav Hoshaya neatly resolves the issue: The promissory notes each contained the names of the Yosef ben Shimons’ grandfathers, such that the two of them were distinct and these notes could theoretically be used; however, the receipt that’s been found merely lists “Yosef ben Shimon.” Even though the original documents were usable, since we now are uncertain which Yosef ben Shimon repaid his debt, both of them are canceled.
Today, identical names still happen, but we have many other ways of distinguishing individuals in a legal context without relying on names of grandfathers or distinguishing physical features. It’s hard to envision having no way of clarifying the distinction between you and someone who shares your name; but at the time of the mishnah, this clearly posed a distinct legal problem. Nonetheless, it would not have been fair or sustainable for people with the same names to be excluded from borrowing money, so the rabbis manage to find solutions, albeit imperfect ones.
Read all of Bava Batra 173 on Sefaria.
This piece originally appeared in a My Jewish Learning Daf Yomi email newsletter sent on December 15, 2024. If you are interested in receiving the newsletter, sign up here.
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