1) Why when a person sells a loan document to another and then pardons the original debt; does not the concept of "its paths are paths of pleasantness" apply to prevent the buyer of the loan from being cheated? 2)Also is there not `a danger that people will be unwilling to purchase such documents with the resulting loss to society(as stated with regard to the creditor taking precedence over the wife on daf 86).
S. Levenson , Chicago,Usa
Unlike the cost to society if people will refuse to lend money there will be no loss to society if people refuse to buy second-hand debt. Anyway, the [lower] price paid will obviously reflect the fact that there is a risk involved, and one is ill-advised to by a Shtar from someone he doesn't trust. It is for this reason that the buyer is not being cheated: the Halachah is clear at the outset that the seller can be Mochel.