If one's bill of indebtedness were erased [and there are witnesses who saw it being erased (i.e., losing its impression) of itself or being blurred by water], he secures for it witnesses [who know when it was written and what was written it], and they certify it [before beth-din, writing for him all that was written in that bill, viz.]: "This man, the son of this man — his bill was erased on this and this day, and this man and that man are his witnesses."] If one paid part of his debt, R. Yehudah says: He should exchange it. [i.e., He should tear up that bill and another should be written for the balance.] R. Yossi says: He should write a receipt. R. Yossi said: "This one, then, [the borrower] must guard his receipt from the mice!" [For if it is lost, the lender can claim the entire debt!] R. Yossi said to him: "It is better for him [the lender] thus" [that the borrower be required to guard his receipt, so that he hasten to repay the (entire) debt], and this one's [the lender's] power should not be weakened [by having to write another bill ( of indebtedness). For the date of his (original) debt was earlier, and now (with a new bill), it will be later, and he will be able to seize bound property only from the time of the second bill. The halachah is in accordance with R. Yossi, that a receipt is written.]
Bartenura on Mishnah Bava Batra
מי שנמחק שטרו – and there were witnesses who saw when it was blotted out on its own, or smudged by water.
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English Explanation of Mishnah Bava Batra
Introduction
Mishnah six discusses a loan document that has been erased and one that has been partially repaid.
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Bartenura on Mishnah Bava Batra
מעמיד עליו עדים – that know from when it was written and what was written in it, and they make for him an attestation before a Jewish court and they write for him everything that had been written in that document.
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English Explanation of Mishnah Bava Batra
If a man’s debt document was erased, he must have witnesses testify with regards to the loan, and come before the court to make this attestation: “So and so, the son of so and so, his debt document was erased on such and such a day, and so and so and so and so are his witnesses.” If a creditor’s debt document was damaged, for instance through water, he needs to bring to the court witnesses to testify to the original loan. The court will then draw up a new document which he will subsequently be able to use to recover his loan.
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Bartenura on Mishnah Bava Batra
יחליף – he should tear the document and write another according to the remaining balance.
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English Explanation of Mishnah Bava Batra
If a man had paid part of his debt, Rabbi Judah says: “He should exchange the debt document for a new one.” Rabbi Yose says: “He should write a receipt.” Rabbi Judah said: “It turns out that this one (the will have to guard his receipt from mice.” Rabbi Yose said to him: “That’s good for him, as long as the rights of the other (the have not been damaged. We mentioned in the previous mishnah the problem created when a man pays back part of his loan. In this mishnah two other solutions are offered. Rabbi Judah says that a new loan document should be written. Rabbi Yose says that the creditor should write a receipt. Rabbi Judah tells Rabbi Yose that the problem with writing a receipt is that the debtor will have to guard it from being eaten by mice. If the debtor loses the receipt the creditor will be able to fully collect the debt. (Normally when a person pays back a debt the document would be torn up so that it would not be used again.) Rabbi Yose says that his solution (writing a receipt) is better because writing a new document will damage the rights of the creditor. The rights referred to here are the lien that exists on the creditors property. The lien is effective from the day that is written on the document. In other words any property owned by the debtor on the day mentioned in the debt document has on it a lien and therefore the creditor could collect that property should the debtor default. If between the day on which the original document was written and the day of the rewriting, the debtor has lost property, a later date on the document will damage the creditor’s ability to collect on his loan.
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Bartenura on Mishnah Bava Batra
נמצא זה – the borrower needs to guard his receipt from the mice, for if he loses it, the creditor will collect all of his liability.
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English Explanation of Mishnah Bava Batra
Questions for Further Thought: • Is there any consistency in the opinions of Rabbi Yose and Rabbi Judah as they appear in this mishnah and in the previous one? • Why is Rabbi Judah concerned that a debtor will lose his receipt but evidently not concerned that a creditor will lose the debt document?
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Bartenura on Mishnah Bava Batra
אמר רבי יוסי וכן יפה לו – to the creditor, for the borrower must guard his receipt and hurry to pay him back, and no harm will come to the creditor to write another document that had an advanced time for the liability [to be paid off] and that he returns now and he would not be able to seize the sold property unlawfully other than from the time of the second document. And the Halakha is according to Rabbi Yosi that we write a receipt.
