1)WRITING ADDITIONAL DOCUMENTS
(a)Question: Sheluchim who fulfilled their mission can fulfill it again!
1.(Rav Yehudah): (If one lost his document and told witnesses to write another, they can write 10 documents for the same field (if he keeps losing them)!
(b)Answer #1 (Rav Yosef): This refers to a gift document. (There is no Achrayus. Rav forbids only documents that could harm others.)
(c)(Rabah): It can even be a sale document, if it does not have Achrayus.
(d)Question: What is the full text of the Beraisa cited above (end of 170b)?
(e)Answer (Beraisa - R. Yehudah): If Reuven owed Shimon 1000 Zuz, and he paid half, witnesses tear the old document, and write a new document from the original date;
(f)R. Yosi says, Shimon keeps the old document, and we write a receipt for Reuven.
1.There are two reasons we write a receipt. It encourages Reuven to pay quickly (he fears lest he lose the receipt, and need to pay the entire loan again), and it allows Shimon to collect (property sold) from the original date.
2.Question: Also according to R. Yehudah, Shimon can collect from the original date!
3.Answer: (In the Mishnah, R. Yehudah said 'he exchanges.' This could mean that the new document is from today's date.) R. Yosi says, if you say that the new document is from the original date, I argue with you for one reason;
i.If you say that the new document is from today's date, I argue with you for two reasons.
2)MUST A BORROWER ACCEPT A RECEIPT?
(a)(Beraisa - R. Yehudah): If the date on a document corresponds to Yom Kipur or Shabbos, we assume that it was postdated. It is valid;
(b)R. Yosi says, it is invalid.
1.R. Yehudah: A case occurred in Tzipori, and you ruled that such a document is valid!
2.R. Yosi: I allowed a document in which the date corresponded to Yom Kipur or Shabbos.
3.Question: That is what R. Yehudah referred to!
4.Answer (R. Pedas): All agree that if the date corresponded to Yom Kipur or Shabbos, it is valid (for this is as if it explicitly says 'this document is postdated');
i.They argue about a regular postdated document (it is not evident that it was postdated). R. Yehudah allows it. Since he says that we never force a borrower to accept a receipt, this cannot be used to swindle;
ii.R. Yosi disqualifies it. Since he says that we force a borrower to accept a receipt, it can be used to swindle. (Perhaps the borrower paid part of the loan before the date, and received a receipt. The lender will say that this was for a different loan, for it is before the (date of) this loan!)
(c)(Rav Huna brei d'Rav Yehoshua): Even according to the opinion that we force a borrower to accept a receipt, this is only when he still owes part of the money.
(d)Rejection: This is wrong - we force him to accept a receipt even when the entire loan was paid.
1.R. Aba owed money to Rav Yitzchak bar Yosef; Rav Yitzchak said that he lost the document. R. Aba did not want to pay until he got back the document.
2.Rav. Yitzchak: I will write a receipt for you!
3.R. Aba: Rav and Shmuel say 'we do not force a borrower to accept a receipt.
4.R. Chanina bar Papa (who was judging the case): We revere Rav and Shmuel greatly - however, R. Yochanan and Reish Lakish say that we force a borrower to accept a receipt.
(e)(Ravin): We force a borrower to accept a receipt.
(f)Support: Presumably, this is correct - if not, if the lender lost his document, should the borrower keep the money?!
(g)Objection (Abaye): To the contrary! If we force a borrower to accept a receipt and he loses it, should the lender collect twice?!
(h)Answer (Rava): Yes! "V'Eved Loveh l'Ish Malveh".
3)WHICH POSTDATED DOCUMENTS ARE VALID?
(a)(Mishnah): Predated loan documents are invalid. Postdated documents are valid.
(b)(Rav Hamnuna): This applies only to loan documents, but regarding documents of sale, even postdated ones are invalid.
(c)Question: What is the reason?
(d)Answer: If Reuven sold land in Nisan, and the document says Tishrei, perhaps Reuven will get money in between and buy back the land. After Tishrei, the buyer will show his document that 'proves' that he bought it 'back'!
(e)Question: The same concern applies to loan documents!
1.If Shimon borrowed from Levi in Nisan, and the document says Tishrei, perhaps Shimon will get money in between and pay the loan;
2.Levi will claim that he lost the document. He will write a receipt. After Tishrei, Levi will show his document showing that the loan was after the receipt (so surely, the receipt was for a different loan)!
(f)Answer: Rav Hamnuna holds that we do not force a borrower to accept a receipt.
(g)Question (Rav Yemar): Nowadays, we write postdated documents and we force a borrower to accept a receipt. We should be concerned!
(h)Answer (Rav Kahana): We tell the scribe to write on a postdated document 'this document was postdated' (so the lender cannot 'prove' that he lent again after the receipt).
(i)Question (Rav Ashi): Nowadays, we write postdated documents that do not say 'this document was postdated.' We should be concerned!
(j)Answer (Rav Kahana): We tell the scribe to write the date of the document on the receipt. If he does not know the date, he should not put a date on the receipt (so the lender cannot 'prove' that he lent again afterwards).