REVACH L'DAF
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SUMMARY
1. The Mishnah discusses the case of a lender who knows that one of his loan documents has been paid, but he does not know which one.
2. If a borrower has borrowed twice from this person (#1), the loan document with the larger loan is considered paid.
3. However, if a fieldowner tells a buyer that he is selling to him "his field," the buyer cannot claim he bought the fieldowner's largest field.
4. A lender may collect from an ordinary guarantor only when all options of collecting from the borrower have been exhausted.
5. Raban Shimon ben Gamliel: One always collects from the borrower before collecting from the guarantor.
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A BIT MORE
1. If the lender tells this to his son when he is dying (because he does not want to be punished by making a borrower pay twice), his son (and the father, if he survives and simply cannot recall who paid) may not collect any loan document that the borrower claims he has already paid.
2. This is because the person clearly indicated that only one document had been paid, not the loans of one borrower.
3. In both of these cases (fields and documents), the person who wants to collect must bring proof. In the case of the field, the buyer must bring proof that he bought the largest field in order to collect it, while in the case of the documents the lender must prove that the document with the larger loan is owed to him.
4. However, if the guarantor becomes a guarantor on condition that the lender may choose to collect from either him or the borrower at will, he must pay immediately upon demand (when the debt is due).
5. This applies even when the condition above (#4) is made.
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