Bava Batra

Since it was taught, however, 'As they cannot produce a bond of indebtedness against one another so they cannot produce [a bond] against others'  [the question arises]  wherein [lies the principle of] their disagreement?  — They differ on [the question whether] 'letters'  [may] be acquired by means of delivery.  Our Tanna holds [that] 'letters' are acquired by means of delivery  and the external  Tanna holds [that] 'letters' are not acquired by means of delivery. And if you prefer I would say that all  [agree that] 'letters' may be acquired by delivery,  but they differ here on [the question whether] it is necessary  to produce proof.  Our Tanna  'holds that proof need not be produced  while the external Tanna  holds that proof must be produced,  for it was stated: 'Letters' are acquired by delivery; Abaye said: He  must, however, produce proof;  and Raba said: He need not produce proof. Said Abaye: Whence do I derive this?  — For it was taught: 'The brother  who presents  the bond of indebtedness  must  produce proof'.  Obviously, this applies also to the case  of others.  Raba, however, said: Brothers are different because they pilfer from one another. Others say, Raba said: Whence do I derive this?  — For it was taught: 'The brother who presents the bond of indebtedness must produce proof'.  [from which it is obvious that this applies to] brothers [only] since they pilfer from one another but not [to] others.  And Abaye  [explains that] it was necessary [to specify] brothers  [because] it might have been assumed [that], as they pilfer from one another, they are [all] particularly alert  and should not [therefore] require to produce proof;  hence [it was necessary] to teach us [that it is not so]. As regards, however, the following wherein it was taught. 'As they  may present a bond of indebtedness against others so may they present [bonds] against each other', [the question arises] wherein lies [the principle of] their  disagreement?  They differ on [the question whether] a bond [may] be written for a borrower though the creditor be not with him. Our Tanna  holds [that] a bond may be written for a borrower although the creditor be not with him. [Consequently it may] sometimes [happen] that one  would go to a scribe and witnesses and tell them, 'Write for me a bond because I intend borrowing [money] from my friend Joseph son of Simeon'; and, after they had written and signed [it] for him, he would take hold of it and demand from him,  'Give me the hundred [zuz] which you borrowed from me'.  The external Tanna,  holds that no bond may be written for a borrower unless the creditor be with him. [IF] A MAN FOUND AMONG HIS DEEDS [A RECORD TO THE EFFECT THAT] THE BOND OF JOSEPH SON OF SIMEON [WAS] DISCHARGED, THE BONDS OF BOTH [ARE CONSIDERED TO BE] DISCHARGED etc. The reason  is thus because [a record] was found, but had there been found none, [a bond] could be presented [against one of them]? Surely we have learnt, NOR MAY ANOTHER [PERSON] PRODUCE A BOND OF INDEBTEDNESS AGAINST THEM! — R. Jeremiah replied: In [the case where the bonds record the names of] the third [generation].  Then let us see in whose name the discharge was made out!  — R. Hoshaia replied: Where the third [generation] is indicated in the bond but not in the discharge.  Abaye said: This is the meaning  [of our Mishnah]; [IF  a borrower]  FOUND AMONG HIS DEEDS [A QUITTANCE SHOWING] THAT THE BOND OF JOSEPH SON OF SIMEON [against him  WAS] DISCHARGED, THE BONDS OF BOTH [ARE CONSIDERED TO BE] DISCHARGED. HOW SHOULD THEY PROCEED? THEY SHOULD INDICATE THE THIRD [GENERATION] etc. A Tanna taught: If both were priests  they enter [the names of previous] generations. MISHNAH. IF [A FATHER]  SAID TO HIS SON,' ONE  AMONG MY BONDS IS DISCHARGED BUT I DO NOT KNOW WHICH', THE BONDS OF ALL HIS DEBTORS  ARE [CONSIDERED] DISCHARGED.  IF AMONG THEM  WERE FOUND TWO [BONDS, PERTAINING] TO ONE [DEBTOR], THE LARGER  [ONE IS DEEMED] DISCHARGED AND THE SMALLER UNDISCHARGED. GEMARA. Raba said: [If a person declared], 'The bond against you, [which I have] in my possession is discharged', the larger [one is deemed] discharged and the smaller undischarged. [If, however, he declared], 'The debt you owe me is paid', all  his bonds [are deemed] discharged.  Said Rabina to Raba: Consequently  [should one say to another],' My field is sold to you', his larger field [would be deemed to have been] sold to him, [but if he said,] 'The field that I have is sold to you', all his fields  [would then be deemed] sold! — There,  the holder of the deed is at a disadvantage. MISHNAH. IF A MAN LENDS MONEY TO ANOTHER ON A GUARANTOR'S SECURITY,  HE MUST NOT EXACT PAYMENT FROM THE GUARANTOR.