Si se borró la cuenta de endeudamiento de uno [y hay testigos que vieron que se borró (es decir, que perdió su impresión) de sí mismo o que el agua lo borró], se asegura de que sea testigo [quién sabe cuándo se escribió y qué se escribió. ], y lo certifican [antes de beth-din, escribiendo para él todo lo que estaba escrito en ese proyecto de ley, a saber]: "Este hombre, el hijo de este hombre — su factura fue borrada en este y este día, y este hombre y ese hombre son sus testigos ".] Si uno pagara parte de su deuda, R. Yehudah dice: Debería cambiarla. [es decir, debería romper esa factura y otro debe escribirse para el saldo.] R. Yossi dice: Debería escribir un recibo. R. Yossi dijo: "¡Este, entonces, [el prestatario] debe proteger su recibo de los ratones!" [Porque si se pierde , ¡el prestamista puede reclamar toda la deuda!] R. Yossi le dijo: "Es mejor para él [el prestamista] así" [que el prestatario esté obligado a guardar su recibo, de modo que se apresure a pagar el (entero) deuda], y el poder de este [el prestamista] no debe debilitarse [al tener que escribir otra factura (de endeudamiento). Para la fecha de su deuda (original) era anterior, y ahora (con una nueva factura), lo hará será más tarde, y podrá confiscar bienes vinculados solo desde el momento de la segunda factura. La halajá está de acuerdo con R. Yossi, que un recibo está escrito.]
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.
