Talmud Yerushalmi
Yerushalmi Bava Batra 10:6 ירושלמי בבא בתרא י׳:ו׳
Part of: Chapter 10
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משנה: מִי שֶׁפָּרַע מִקְצָת חוֹבוֹ רִבִּי יְהוּדָה אוֹמֵר יַחֲלִיף. וְרִבִּי יוֹסֵי אוֹמֵר יִכְתּוֹב שׁוֹבָר. אָמַר רִבִּי יְהוּדָה נִמְצָא זֶה צָרִיךְ לִהְיוֹת שׁוֹמֵר שׁוֹבְרוֹ מִן הָעַכְבָּרִים. אָמַר לוֹ רִבִּי יוֹסֵה וְכֵן יָפֶה לוֹ וְאַל יֵרַע כּוֹחוֹ שֶׁל זֶה.
MISHNAH: If somebody paid off part of his debt, Rebbi Jehudah said, he shall exchange [his bond], but Rebbi Yose said, he shall write a receipt. Said Rebbi Jehudah, but then this one must guard his receipt from the rats! Rebbi Yose answered him, that comes to him rightly80It gives the debtor an additional incentive to pay off his debt as quickly as possible., not to impair the other one’s rights81Since a replacement document would have to be dated from the day it was written, the creditor might lose his privileged status if the debtor took on additional debt after the original bond was written. The original first mortgage would now be the second, and the second the first. This is an unacceptable outcome..
MISHNAH: If somebody paid off part of his debt, Rebbi Jehudah said, he shall exchange [his bond], but Rebbi Yose said, he shall write a receipt. Said Rebbi Jehudah, but then this one must guard his receipt from the rats! Rebbi Yose answered him, that comes to him rightly80It gives the debtor an additional incentive to pay off his debt as quickly as possible., not to impair the other one’s rights81Since a replacement document would have to be dated from the day it was written, the creditor might lose his privileged status if the debtor took on additional debt after the original bond was written. The original first mortgage would now be the second, and the second the first. This is an unacceptable outcome..
הלכה: מִי שֶׁפָּרַע מִקְצָת חוֹבוֹ כול׳. רַב אָמַר. עוֹשִׂין לוֹ קִיּוּם בֵּית דִּין. תַּנֵּי רִבִּי חִיָיה. אֵין עוֹשִׂין לוֹ קִיּוּם בֵּית דִּין. אָמַר רִבִּי יִרְמְיָה. אִילּוּ שָׁמַע רַב מַתְנַיָיה לָא הֲוָה מֵימַר הָדָא מִילְּתָא.
HALAKHAH: “If somebody paid off part of his debt,” etc. 83This refers to Mishnah 9. Rav said, the court writes him a confirmation. Rebbi Ḥiyya stated: the court does not write a confirmation. Rebbi Jeremiah84He is Rav Jeremiah, Babylonian of the first generation. said, if Rav had heard this baraita, he would not have said what he did85The Babli confirms that Mishnah 9 never was accepted in Babylonian practice but that a completely new document had to be executed in which the debtor confirmed the original date of the creditor’s foreclosure rights..
HALAKHAH: “If somebody paid off part of his debt,” etc. 83This refers to Mishnah 9. Rav said, the court writes him a confirmation. Rebbi Ḥiyya stated: the court does not write a confirmation. Rebbi Jeremiah84He is Rav Jeremiah, Babylonian of the first generation. said, if Rav had heard this baraita, he would not have said what he did85The Babli confirms that Mishnah 9 never was accepted in Babylonian practice but that a completely new document had to be executed in which the debtor confirmed the original date of the creditor’s foreclosure rights..
שְׁנַיִם שֶׁהָיוּ בְעִיר אַחַת כול׳. וְאֵין יְכוֹלִין לְהוֹצִיא שְׁטָר חוֹב זֶה עַל זֶה כול'. כְּגוֹן דָּמְרִין כֵּן. אֲנִי פְלוֹנִי בֵּן פְּלוֹנִי לוֹוֶה מִמְּךָ פְלוֹנִי וּפְלוֹנִי עָרֵב.
“If two people lived in the same town,” etc. “They cannot write a bond one on the other.”89This does not belong here but to Halakhah 16, Note 128. As one formulates, “I, X ben Y, am taking a loan from you, Z, and U is guarantor.”
“If two people lived in the same town,” etc. “They cannot write a bond one on the other.”89This does not belong here but to Halakhah 16, Note 128. As one formulates, “I, X ben Y, am taking a loan from you, Z, and U is guarantor.”
רַב אָמַר. צָרִיךְ לְהַזְכִּיר זְמַן רִאשׁוֹן בַּשֵּׁינִי. וּשְׁמוּאֵל אָמַר. אֵין צָרִיךְ לְהַזְכִּיר זְמַן רִאשׁוֹן בַּשֵּׁינִי. תַּנֵּי רִבִּי חִיָיה. אֵין צָרִיךְ לְהַזְכִּיר זְמַן רִאשׁוֹן בַּשֵּׁינִי. רִבִּי יוֹחָנָן בָּעֵי. אִם צָרִיךְ לְהַזְכִּיר זְמַן רִאשׁוֹן בַּשֵּׁינִי. עַל הָדָא אָמַר רִבִּי יוֹסֵי. וְכֵן יָפֶה לוֹ וְאַל יֵרַע כֹּחַ זֶה.
90This refers to Mishnah 10 according to R. Jehudah who requires that a new document be written. Rav said, one has to mention the earlier date in the second document91This is also Rav’s opinion in the Babli, 170b.. But Samuel said, one does not have to mention the earlier date in the second document92Samuel’s opinion is not mentioned in the Babli.. Rebbi Ḥiyya stated, one does not have to mention the earlier date in the second document. Rebbi Joḥanan asked, if one had to mention the earlier date in the second document, would Rebbi Yose have said, “that comes to him rightly, not to impair the other one’s rights”93In Rav’s version, the problem which R. Yose had with R. Jehudah’s statement (Note 81) could not arise.?
90This refers to Mishnah 10 according to R. Jehudah who requires that a new document be written. Rav said, one has to mention the earlier date in the second document91This is also Rav’s opinion in the Babli, 170b.. But Samuel said, one does not have to mention the earlier date in the second document92Samuel’s opinion is not mentioned in the Babli.. Rebbi Ḥiyya stated, one does not have to mention the earlier date in the second document. Rebbi Joḥanan asked, if one had to mention the earlier date in the second document, would Rebbi Yose have said, “that comes to him rightly, not to impair the other one’s rights”93In Rav’s version, the problem which R. Yose had with R. Jehudah’s statement (Note 81) could not arise.?