Soncino English Talmud
Bava Batra
Daf 172a
But this is not done at the present time? — He replied to him: The Rabbis have made the necessary provision. Whosoever acts [accordingly] reaps the benefit; he who does not act [accordingly] has himself to blame, for any loss suffered. Raba son of R. Shila said to those who were writing deeds of transfer: When you write deeds of transfer enter the date of transfer if you know it; and if not, enter the date on which the deed is prepared, so that it might not have the appearance of a falsehood. Rab said to his scribes, and R. Huna, similarly, said to his scribes: When you are at Shili write [in any deed] 'at Shili', although the information was given to you at Hini; when you are at Hini, write, 'at Hini', although the information was given to you at Shili. Raba said: If a man [who] is in possession of a bond of a hundred zuz, said, 'Convert it into two bonds each of fifty zuz', his request must not be granted. What is the reason? — The Rabbis instituted a law which is acceptable to the creditor and is [also] acceptable to the borrower. It is acceptable to the creditor in that [the debtor is thereby] compelled to repay him [the entire loan]; and it is [also] acceptable to the borrower in that [the legal force of] the bond is [thereby] impaired. Raba further stated: If a man, holding two bonds each of fifty [zuz:], requests that they be converted into one [bond] of a hundred [zuz], his request must not be granted, [because] the Rabbis have ordained a law which is agreeable to the creditor and is also agreeable to the borrower. It is agreeable to the creditor in that [the force of] his bond is not [thereby] impaired; and it is [also] agreeable to the borrower in that he is not [thereby] under pressure to repay the debt. R. Ashi said: If a man holds a bond for a hundred zuz and requests that it be converted into one of fifty [zuz], his request must not be granted. What is the reason? — We assume [the debtor] had already repaid him that [loan] and [that when] he asked him for the return of his bond he was told [that] he had lost it and [so] he wrote out for him a quittance but [that later] he would produce that [new bond] and claim, 'This is [for] another [loan]'. MISHNAH. [IN THE CASE OF] TWO BROTHERS, THE ONE POOR AND THE OTHER RICH, WHOM THEIR FATHER HAD LEFT A BATH-HOUSE OR AN OLIVE-PRESS, [IF] HE BUILT THESE [TO BE LET OUT] ON HIRE, THE RENT BELONGS TO THE COMMON ESTATE. [IF,] HOWEVER, HE BUILT THEM FOR HIS OWN [USE] THE RICH [BROTHER] MAY SAY TO THE POOR [BROTHER], BUY FOR YOURSELF SLAVES THAT THEY MAY BATHE IN THE BATH-HOUSE', [OR] 'BUY FOR YOURSELF OLIVES AND COME AND PREPARE [THEM] IN THE OLIVE-PRESS'. IF THERE WERE TWO [MEN] IN THE SAME TOWN [AND THE] NAME OF THE ONE [WAS] JOSEPH SON OF SIMEON AND THE NAME OF [THE] OTHER [WAS] JOSEPH SON OF SIMEON, NEITHER MAY PRODUCE A BOND OF INDEBTEDNESS AGAINST THE OTHER, NOR MAY ANOTHER [PERSON] PRODUCE A BOND OF INDEBTEDNESS AGAINST THEM. [IF] A MAN FOUND AMONG HIS DEEDS [A QUITTANCE SHOWING THAT] THE BOND OF JOSEPH SON OF SIMEON [WAS] DISCHARGED, THE BONDS OF BOTH [ARE CONSIDERED TO BE] DISCHARGED. HOW SHOULD THEY PROCEED? THEY SHOULD INDICATE THE THIRD [GENERATION]. AND IF [THEIR NAMES] ARE [ALIKE] TO THE THIRD [GENERATION], THEY ADD [SOME PERSONAL] DESCRIPTION; AND IF THEIR [PERSONAL] DESCRIPTIONS ARE ALIKE THEY WRITE, 'PRIEST'. GEMARA. In a certain bond that was presented at the court of R. Huna there was [the following] entry: 'I.X, son of Y, borrowed from you a maneh'.
Sefaria
Mesoret HaShas