7) click for question
(a) According to Rav Yosef, what Rav Yehudah Amar Rav Asi said was 'ha'Malveh es Chavero be'Eidim, Ein Tzarich Lepor'o be'Eidim'. Nevertheless, the debtor would have to pay in front of witnesses - if the creditor stipulated that he does so.
(b) Shmuel qualified this latter ruling - by believing the debtor should he claim that he did indeed pay in front of 'P'loni u'Peloni, but that they had gone overseas.
(c) We query Shmuel's ruling however, from our Mishnah, which rules that in a case where the creditor stipulated that the debtor pays him in front of witnesses, and the following day, the latter claims that he paid - he is Chayav to pay (unless he produces the witnesses in court).
(d) To answer the Kashya, we cite a Beraisa, where The Tana rules precisely in such a case, that either the debtor has to pay or to bring proof that he did. Rebbi Yehudah ben Beseira believes the debtor should he claim that he did indeed pay in front of 'P'loni u'Peloni, but that they had gone overseas ...
(e) ... and Shmuel holds like Rebbi Yehudah ben Beseira.
8) click for question
(a) We just concluded that Shmuel holds like Rebbi Yehudah ben Beseira. Rav Acha queries our current understanding of the Machlokes between the Tana Kama and Rebbi Yehudah ben Beseira, by suggesting - that they are not referring to the stipulation that the creditor made at the time of the loan, but at the time of the payment ...
(b) ... and when the creditor said 'be'Eidim Hilvisicha, be'Eidim Parei li', he meant to say that since the loan took place in front of witnesses, the debtor ought to have paid him with witnesses (like the first Lashon of Rav Yehudah Amar Rav Asi) ...
(c) ... but in the original case, where the creditor made the statement at the time of the loan, even Rebbi Yehudah ben Beseira will agree - that if the debtor cannot prove that he has paid, then he will have to pay (a Kashya on Shmuel).
9) click for question
(a) Rav Papi Amar Rava rules 'ha'Malveh es Chavero be'Eidim, Tzarich Lepor'o be'Eidim' (like the first Lashon of Rav Yehudah Amar Rav); whereas Rav Papa Amar Rava rules - 'Ein Tzarich Lepor'o be'Eidim', like the second Lashon.
(b) And in a case where the creditor stipulated that the debtor pays in front of witnesses, and the latter subsequently claims that he paid in front of P'loni u'Peloni who went overseas, Rav Papa rules - that he is believed, like Shmuel (in spite of Rav Ashi's objection).
10) click for question
(a) In a case where Levi stipulated that Yehudah should repay him his loan in the presence of Reuven and Shimon - Yehudah went and paid in front of two other witnesses.
(b) In spite of the fact that two witnesses did in fact, testify, Levi objected on the grounds - that he did not trust Yehudah's witnesses.
(c) Rava objected to Abaye's ruling 'be'Apei bei T'rei Amar leih, be'Apei bei T'rei Par'eih' - upholding Levi's claim - since he (Levi) had made a point of specifically naming Reuven and Shimon because he did not trust Yehudah's witnesses.
11) click for question
(a) In a case where Reuven stipulated that Shimon must repay his loan in the presence of witnesses who had learned Halachos (Shas) - Shimon paid him S'tam, and Reuven admitted that this was indeed the case.
(b) When the litigants came before Rav Sheishes, Reuven claimed that Shimon still owed him the money - because he said, he had accepted the payment in the form of a Pikadon, which he intended to hold until such time as Shimon produced witnesses of the caliber that he had requested, and that the money had subsequently got lost be'Oneis.
(c) Rav Nachman ruled - that seeing as Reuven admitted that Shimon had paid (and that nothing had been said about a Pikadon, he had forfeited his claim. Nevertheless, if he insisted on his stipulation being met, he could produce the money and he (Rav Nachman and Rav Sheishes, who had learned Shas, Tosefta, Sifra and Sifri, would be happy to stand in as witnesses.
12) click for question
(a) In a case where Shimon denied having borrowed a hundred Zuz from Reuven - the witnesses testified that he had borrowed the money but that he had also paid it back.
(b) Abaye ruled that seeing as the same witnesses who testified that Shimon had borrowed the money, testified that he had paid, there was nothing more to say. Rava maintained however that Shimon was Chayav to pay - seeing as he claimed that he not borrowed the money, and someone who has not borrowed has certainly not paid.
seeing as Shimon claimed that he had not borrowed the money, he had certainly not repaid it, in which case, despite the witnesses testimony that he repaid the loan, he was obligated to pay.
(c) We accept Shimon's word against that of the witnesses - based on the principle 'Hoda'as Ba'al-Din ke'Me'ah Eidim Dami' ('A litigant's admission is as good as a hundred witnesses').
(d) In a case where the witnesses who, Shimon claimed, had seen him repay Reuven the loan, denied it - Rav Sheishes took for granted the fact that Shimon had been proved a liar, and was therefore obligated to pay.
(e) Rava disagree with that however - on the basis of the S'vara that a person does not tend to note details (or to forget them) when they are of no consequence. Here too, Shimon was under no obligation to repay the loan in front of witnesses, so he may have thought that he had done so, even if he hadn't (see also Rabeinu Chananel).
13) click for question
(a) In a case where Reuven claimed that Shimon owed him six hundred Zuz, Shimon replied that he had already repaid the loan in the form of one hundred Kabin of gall-nuts (worth six Zuz per Kav) - which were used in the tanning of skins.
(b) Reuven countered - that the gall-nuts were worth four Zuz each (and not six), in which case, there was a balance of two hundred Zuz still outstanding.
(c) When witnesses supported Reuven's claim, Rava ruled that Shimon had lied and that he was Chayav to pay the balance. When Rami bar Chama queried him from his previous S'vara (that a person is likely to forget details that he does not need to know), Rava replied - that the market price of a commodity was not something that a businessman was likely to forget.
Index to Review Questions and Answers for Maseches Shevuos