debtor

And hath not oppressed any, but hath restored to the debtor his pledge, hath spoiled none by violence, hath given his bread to the hungry, and hath covered the naked with a garment;

Woe unto you, ye blind guides, which say, Whosoever shall swear by the temple, it is nothing; but whosoever shall swear by the gold of the temple, he is a debtor!

I am debtor both to the Greeks, and to the Barbarians; both to the wise, and to the unwise.

For I testify again to every man that is circumcised, that he is a debtor to do the whole law.

And stretching out his hands, the Apostle Philip, hanging head down, said: Men of the city, hear these words which I am going to say to you, hanging head down. You have learned how great are the powers of God, and the wonders which you saw when your city was destroyed by the earthquake which came upon it. And this was manifest to you, that the house of Stachys was not destroyed and that he did not go down into the abyss, because he believed on the true God, and received us His servants. And I, having fulfilled all the will of my God, am His debtor for what I requited to him that did evil to me.

I have planted thy vine in the earth, it hath sent down its roots into the depth and its growth is spread out in the height, and the fruits of it are stretched forth upon the earth, and they that are worthy of thee are made glad by them, whom also thou hast gained. The money which thou hast from me I laid down upon the table (bank); this, when thou requirest it, restore unto me with usury, as thou hast promised. With thy one mind have I traded and have made ten, thou hast added more to me beside that I had, as thou didst covenant. I have forgiven my debtor the mine, require thou it not at my hands. I was bidden to the supper and I came: and I refused the land and the yoke of oxen and the wife, that I might not for their sake be rejected; I was bidden to the wedding, and I put on white raiment, that I might be worthy of it and not be bound hand and foot and cast into the outer darkness. My lamp with its bright light expecteth the master coming from the marriage, that it may receive him, and I may not (he may not) see it dimmed because the oil is spent. Mine eyes, O Christ, look upon thee, and mine heart exulteth with joy because I have fulfilled thy will and perfected thy commandments; that I may be likened unto that watchful and careful servant who in his eagerness neglecteth not to keep vigil. All the night have I laboured to keep mine house from robbers, lest it be broken through.

Now on the Lord's day as Peter discoursed unto the brethren and exhorted them unto the faith of Christ, there being present many of the senate and many knights and rich women and matrons, and being confirmed in the faith, one woman that was there, exceeding rich, which was surnamed Chryse because every vessel of hers was of gold—for from her birth she never used a vessel of silver or glass, but golden ones only—said unto Peter: Peter, thou servant of God, he whom thou callest God appeared unto me in a dream and said: Chryse, carry thou unto Peter my minister ten thousand pieces of gold; for thou owest them to him. I have therefore brought them, fearing lest some harm should be done me by him that appeared unto me, which also departed unto heaven. And so saying, she laid down the money and departed. And Peter seeing it glorified the Lord, for that they that were in need should be refreshed. Certain, therefore, of them that were there said unto him: Peter, hast thou not done ill to receive the money of her? for she is ill spoken of throughout all Rome for fornication, and because she keepeth not to one husband, yea, she even hath to do with the young men of her house. Be not therefore a partner with the table of Chryse, but let that which came from her be returned unto her. But Peter hearing it laughed and said to the brethren: What this woman is in the rest of her way of life, I know not, but in that I have received this money, I did it not foolishly; for she did pay it as a debtor unto Christ, and giveth it unto the servants of Christ: for he himself hath provided for them.

And they made me a debtor when I rose up, me who had been a debtor: and they divided my spoil, though nothing was due to them.

And they made me a debtor when I rose up, me who had been a debtor: and they divided my spoil, though nothing was due to them.

And so I accepted nothing from my debtor.

Those who have borrowed either silver or any sort of fruits, whether dry or wet, [I mean this, when the Jewish affairs shall, by the blessing of God, be to their own mind,] let the borrowers bring them again, and restore them with pleasure to those who lent them, laying them up, as it were, in their own treasuries, and justly expecting to receive them thence, if they shall want them again. But if they be without shame, and do not restore it, let not the lender go to the borrower's house, and take a pledge himself, before judgment be given concerning it; but let him require the pledge, and let the debtor bring it of himself, without the least opposition to him that comes upon him under the protection of the law. And if he that gave the pledge be rich, let the creditor retain it till what he lent be paid him again; but if he be poor, let him that takes it return it before the going down of the sun, especially if the pledge be a garment, that the debtor may have it for a covering in his sleep, God himself naturally showing mercy to the poor. It is also not lawful to take a millstone, nor any utensil thereto belonging, for a pledge, that the debtor, may not be deprived of instruments to get their food withal, and lest they be undone by their necessity.

Those who have borrowed either silver or any sort of fruits, whether dry or wet, [I mean this, when the Jewish affairs shall, by the blessing of God, be to their own mind,] let the borrowers bring them again, and restore them with pleasure to those who lent them, laying them up, as it were, in their own treasuries, and justly expecting to receive them thence, if they shall want them again. But if they be without shame, and do not restore it, let not the lender go to the borrower's house, and take a pledge himself, before judgment be given concerning it; but let him require the pledge, and let the debtor bring it of himself, without the least opposition to him that comes upon him under the protection of the law. And if he that gave the pledge be rich, let the creditor retain it till what he lent be paid him again; but if he be poor, let him that takes it return it before the going down of the sun, especially if the pledge be a garment, that the debtor may have it for a covering in his sleep, God himself naturally showing mercy to the poor. It is also not lawful to take a millstone, nor any utensil thereto belonging, for a pledge, that the debtor, may not be deprived of instruments to get their food withal, and lest they be undone by their necessity.

Those who have borrowed either silver or any sort of fruits, whether dry or wet, [I mean this, when the Jewish affairs shall, by the blessing of God, be to their own mind,] let the borrowers bring them again, and restore them with pleasure to those who lent them, laying them up, as it were, in their own treasuries, and justly expecting to receive them thence, if they shall want them again. But if they be without shame, and do not restore it, let not the lender go to the borrower's house, and take a pledge himself, before judgment be given concerning it; but let him require the pledge, and let the debtor bring it of himself, without the least opposition to him that comes upon him under the protection of the law. And if he that gave the pledge be rich, let the creditor retain it till what he lent be paid him again; but if he be poor, let him that takes it return it before the going down of the sun, especially if the pledge be a garment, that the debtor may have it for a covering in his sleep, God himself naturally showing mercy to the poor. It is also not lawful to take a millstone, nor any utensil thereto belonging, for a pledge, that the debtor, may not be deprived of instruments to get their food withal, and lest they be undone by their necessity.

He also called to mind the covenants and the oaths he had made with Jonathan, the son of Saul, and the friendship and affection Jonathan had for him; for besides all the rest of his excellent qualities with which he was endowed, he was also exceeding mindful of such as had at other times bestowed benefits upon him. He therefore gave order that inquiry should be made, whether any of Jonathan's lineage were living, to whom he might make return of that familiar acquaintance which Jonathan had had with him, and for which he was still debtor. And when one of Saul's freed men was brought to him, who was acquainted with those of his family that were still living, he asked him whether he could tell him of any one belonging to Jonathan that was now alive, and capable of a requital of the benefits which he had received from Jonathan. And he said, that a son of his was remaining, whose name was Mephibosheth, but that he was lame of his feet; for that when his nurse heard that the father and grandfather of the child were fallen in the battle, she snatched him up, and fled away, and let him fall from her shoulders, and his feet were lamed. So when he had learned where and by whom he was brought up, he sent messengers to Machir, to the city of Lodebar, for with him was the son of Jonathan brought up, and sent for him to come to him. So when Mephibosheth came to the king, he fell on his face and worshipped him; but David encouraged him, bade him be of good cheer, and expect better times. So he gave him his father's house, and all the estate which his grandfather Saul was in possession of, and bade him come and diet with him at his own table, and never to be absent one day from that table. And when the youth had worshipped him on account of his words and gifts given to him, he called for Ziba, and told him that he had given the youth his father's house, and all Saul's estate. He also ordered that Ziba should cultivate his land, and take care of it, and bring him the profits of all to Jerusalem. Accordingly, David brought him to his table every day, and bestowed upon the youth, Ziba and his sons, who were in number fifteen, and his servants, who were in number twenty. When the king had made these appointments, and Ziba had worshipped him, and promised to do all that he had bidden him, he went his way; so that this son of Jonathan dwelt at Jerusalem, and dieted at the king's table, and had the same care that a son could claim taken of him. He also had himself a son, whom he named Micha.

A prozbul is written only for [a debt secured by] land. But if [the debtor] has none, then [the creditor] can give him title to a share, however small, of his own field. If he had land in pledge in a city, a prozbul can be written on it. Rabbi Hutzpit says: a prozbul may be written for a man on the security of his wife's property, or for an orphan on the security of property belonging to his guardian.

One who returns a debt [after] the seventh year, the [creditor] must say to [the debtor]: “I remit it.” But [the debtor] should say: “Even so [I will repay it].” [The creditor] may then accept it from him, because it says: “And this is the word of the release” (Deuteronomy 15:2). Similarly, when [an accidental] killer has been exiled to a city of refuge, and the citizens want to honor him, he must say to them: “I am a murderer.” If they say: “Even so, [we want to honor you], then he may accept [the honor] from them, because it says: “And this is the word of the murderer” (Deuteronomy 19:4).

One who returns a debt [after] the seventh year, the [creditor] must say to [the debtor]: “I remit it.” But [the debtor] should say: “Even so [I will repay it].” [The creditor] may then accept it from him, because it says: “And this is the word of the release” (Deuteronomy 15:2). Similarly, when [an accidental] killer has been exiled to a city of refuge, and the citizens want to honor him, he must say to them: “I am a murderer.” If they say: “Even so, [we want to honor you], then he may accept [the honor] from them, because it says: “And this is the word of the murderer” (Deuteronomy 19:4).

If a man found debt documents he should not return them [to the creditor] if they recorded a lien on the [debtor’s] property, since the court would exact repayment from the property. But if they did not record a lien on the [debtor’s] property he may return them, since the court would not exact payment from the property, according to Rabbi Meir. But the Sages say: “In either case he should not return them, since [in either case] the court would exact payment from the property.”

If a man found debt documents he should not return them [to the creditor] if they recorded a lien on the [debtor’s] property, since the court would exact repayment from the property. But if they did not record a lien on the [debtor’s] property he may return them, since the court would not exact payment from the property, according to Rabbi Meir. But the Sages say: “In either case he should not return them, since [in either case] the court would exact payment from the property.”

If one lent one’s fellow, he may exact a pledge from him only with the permission of a court, and he may not enter his house to take the pledge, as it is states, “You shall stand outside” (Deut. 24:1. If the borrower had two utensils, he may take one but must give back the other. And he must give back the pillow at night and the plow during the day. And if the creditor dies he need not return the pledge to his heirs. Rabban Shimon ben Gamaliel says: “Even to the debtor himself he need only return the pledge within thirty days [of the loan], and after thirty days he may sell it with the consent of the court. A pledge may not be taken from a widow, whether she be rich or poor, as it states, “Do not take the a widow’s garment as a pledge” (Deut. 24:17). If one takes a millstone as a pledge he violates a negative commandment and he is also in violation of both parts [of the millstone], as it states, “Do not take a mill or an upper millstone as a pledge” (Deut. 24:6). And they didn’t say just an upper millstone or a mill but anything that is necessary for food, as it states, “for that would be taking someone’s life as a pledge” (ibid.).

They may write out a bill of divorce for a man even if his wife is not with him, or a receipt (stating that the husband has paid the ketubah debt) for the wife even if her husband is not with her, provided that he (the scribe) knows them. And the husband pays the (scribe’s) fee. They may write out a document for the debtor even though the creditor is not with him, but they may not write out a document for the creditor unless the debtor is with him. And the debtor pays the (scribe’s) fee. They may write out a deed of sale for the seller although the buyer is not with him, but they may not write it out for the buyer unless the seller is with him. And the buyer pays the (scribe’s) fee.

They may write out a bill of divorce for a man even if his wife is not with him, or a receipt (stating that the husband has paid the ketubah debt) for the wife even if her husband is not with her, provided that he (the scribe) knows them. And the husband pays the (scribe’s) fee. They may write out a document for the debtor even though the creditor is not with him, but they may not write out a document for the creditor unless the debtor is with him. And the debtor pays the (scribe’s) fee. They may write out a deed of sale for the seller although the buyer is not with him, but they may not write it out for the buyer unless the seller is with him. And the buyer pays the (scribe’s) fee.

They may write out a bill of divorce for a man even if his wife is not with him, or a receipt (stating that the husband has paid the ketubah debt) for the wife even if her husband is not with her, provided that he (the scribe) knows them. And the husband pays the (scribe’s) fee. They may write out a document for the debtor even though the creditor is not with him, but they may not write out a document for the creditor unless the debtor is with him. And the debtor pays the (scribe’s) fee. They may write out a deed of sale for the seller although the buyer is not with him, but they may not write it out for the buyer unless the seller is with him. And the buyer pays the (scribe’s) fee.

If a man had paid part of his debt and gave the debt document to a third party, and the debtor said to him, “If I have not paid you back by such and such a day, give him (the creditor) back the debt document” and the time came and he had not paid, Rabbi Yose says: “He should give it to him.” Rabbi Judah says: “He should not give it to him.”

If a man’s debt document was erased, he must have witnesses testify with regards to the loan, and come before the court to make this attestation: “So and so, the son of so and so, his debt document was erased on such and such a day, and so and so and so and so are his witnesses.” If a man had paid part of his debt, Rabbi Judah says: “He should exchange the debt document for a new one.” Rabbi Yose says: “He should write a receipt.” Rabbi Judah said: “It turns out that this one (the debtor) will have to guard his receipt from mice.” Rabbi Yose said to him: “That’s good for him, as long as the rights of the other (the creditor) have not been damaged.

If there were two brothers, one poor and one rich, and their father left them a bath house or an olive press, if the father had made them for hire, the profit is split equally. But if he made them for his own use alone, the rich brother may say to the poor brother, “Buy for yourself slaves and they can wash in the bath house” or “Buy for yourself olives and prepare them in the olive press.” If there were two in the same town, and one’s name was Joseph the son of Shimon and other’s name was Joseph the son of Shimon, neither can bring forth a debt document on the other, and another person cannot bring forth a debt document against them. And if some person finds amongst his documents a document that states, “The [debt] document of Joseph ben Shimon is paid”, both of their [debt] documents are paid. What should they do? They should write their names to the third generation. And if the names are the same through the third generation, they should give themselves a sign. And if their signs are the same, they should write “Cohen”. If a man said to his son, “One of my debt documents is paid and I do not know which one”, then all are deemed to be paid. If two documents were found [amongst his documents] written to the same debtor, then the large one is paid and the small one is not paid. If a man lent money to his fellow on a guarantor’s security, he may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish”, then he may exact payment from the guarantor. Rabban Shimon ben Gamaliel says: “If the borrower had property, in neither case can he exact payment from the guarantor.” Moreover, Rabban Shimon ben Gamaliel used to say: “If a man was a guarantor for a woman’s ketubah and her husband divorced her, the husband must vow to derive no further benefit from her, lest he make a conspiracy against the property of the guarantor and take his wife back again.”

If a man lent his fellow money by using a document, he may recover the debt from mortgaged property. But if he had lent only before witnesses (and not through a document), he may recover the debt only from unmortgaged property. If the [creditor] brought forth [a loan document] upon which appeared his (the debtor’s) signature as evidence that he was indebted to him, the creditor may recover the debt only from unmortgaged property. If a man signed as a guarantor after the signatures of witnesses, the creditor may recover the debt only from [the guarantor’s] unmortgaged property. Such a case came before Rabbi Yishmael and he said, “He may recover only from unmortgaged property”. Ben Nanos said to him: “He may recover the debt neither from mortgaged nor unmortgaged property.” He said to him: “Why?” He answered, “If a man seized a debtor by the throat in the street and his fellow found him and said ‘Leave him alone (and I will pay), he is not liable, since not through trust in him did the creditor lend the debtor money.” Rather which type of guarantor is liable? [If a man said], “Lend him money and I will pay thee”, he is liable, for he lent him the money through his trust in the guarantor. And Rabbi Yishmael said, “He who wants to be wise let him occupy himself with cases dealing with monetary matters, for there is no greater branch of Torah than this; for they are like a welling fountain; and he who wishes to occupy himself with laws concerning monetary matters, let him serve [as a pupil] of Shimon ben Nanos.

If a man lent his fellow money by using a document, he may recover the debt from mortgaged property. But if he had lent only before witnesses (and not through a document), he may recover the debt only from unmortgaged property. If the [creditor] brought forth [a loan document] upon which appeared his (the debtor’s) signature as evidence that he was indebted to him, the creditor may recover the debt only from unmortgaged property. If a man signed as a guarantor after the signatures of witnesses, the creditor may recover the debt only from [the guarantor’s] unmortgaged property. Such a case came before Rabbi Yishmael and he said, “He may recover only from unmortgaged property”. Ben Nanos said to him: “He may recover the debt neither from mortgaged nor unmortgaged property.” He said to him: “Why?” He answered, “If a man seized a debtor by the throat in the street and his fellow found him and said ‘Leave him alone (and I will pay), he is not liable, since not through trust in him did the creditor lend the debtor money.” Rather which type of guarantor is liable? [If a man said], “Lend him money and I will pay thee”, he is liable, for he lent him the money through his trust in the guarantor. And Rabbi Yishmael said, “He who wants to be wise let him occupy himself with cases dealing with monetary matters, for there is no greater branch of Torah than this; for they are like a welling fountain; and he who wishes to occupy himself with laws concerning monetary matters, let him serve [as a pupil] of Shimon ben Nanos.

If a man lent his fellow money by using a document, he may recover the debt from mortgaged property. But if he had lent only before witnesses (and not through a document), he may recover the debt only from unmortgaged property. If the [creditor] brought forth [a loan document] upon which appeared his (the debtor’s) signature as evidence that he was indebted to him, the creditor may recover the debt only from unmortgaged property. If a man signed as a guarantor after the signatures of witnesses, the creditor may recover the debt only from [the guarantor’s] unmortgaged property. Such a case came before Rabbi Yishmael and he said, “He may recover only from unmortgaged property”. Ben Nanos said to him: “He may recover the debt neither from mortgaged nor unmortgaged property.” He said to him: “Why?” He answered, “If a man seized a debtor by the throat in the street and his fellow found him and said ‘Leave him alone (and I will pay), he is not liable, since not through trust in him did the creditor lend the debtor money.” Rather which type of guarantor is liable? [If a man said], “Lend him money and I will pay thee”, he is liable, for he lent him the money through his trust in the guarantor. And Rabbi Yishmael said, “He who wants to be wise let him occupy himself with cases dealing with monetary matters, for there is no greater branch of Torah than this; for they are like a welling fountain; and he who wishes to occupy himself with laws concerning monetary matters, let him serve [as a pupil] of Shimon ben Nanos.

How do witnesses become liable [to punishment] as perjurers? [If they say:] “We testify that so and so [a priest] is a son of a woman who had [formerly] been divorced or a haluzah,” it is not said that each witness should himself be as if he was born of a divorcee or a haluzah; rather he receives forty [lashes]. [If they say]: “We testify that so and so is guilty of [a crime entailing] exile”, it is not said that each witness should himself be exiled; rather he receives forty [lashes]. [If they say:] “We testify that so and so divorced his wife and has not paid her kethubah” seeing that either today or tomorrow he [the husband] will pay her kethubah, the assessment should be made how much a man will be willing to pay [now] for the ownership of her kethubah, on the condition that if she should be widowed or divorced [he will take it over] but if she should die, her husband will inherit her [estate including the kethubah]. [If they say]: “We testify that so and so owes his friend one thousand zuz on the condition that he will pay him within thirty days”, while the debtor says “ten years”, the assessment should be made how much a man is willing to pay for the use of a thousand zuz, whether he pays them in thirty days or ten years.

Rebbi Zeïra objected before Rebbi Yasa: But did we not state: The same applies to marriage? He answered him, divorce documents and marriage contracts have the same rules. But did we not state: The same applies to debt? He said to him, because if he said to him: Throw it into the sea and your debt will be forgiven, it would be forgiven. But if that is true, even if it fell down close to the debtor, the debtor should have the benefit! But we have stated, if it falls down close to the debtor, the debtor is still obligated. For he said to him, throw it so that it will enter my domain, and it did not yet enter his domain. Rebbi Abbahu said, all those objections that Rebbi Zeïra raised before Rebbi Yasa, Rebbi Simeon ben Laqish raised before Rebbi Joḥanan. Did he accept them from him? He solved them with those same solutions.

Rebbi Zeïra objected before Rebbi Yasa: But did we not state: The same applies to marriage? He answered him, divorce documents and marriage contracts have the same rules. But did we not state: The same applies to debt? He said to him, because if he said to him: Throw it into the sea and your debt will be forgiven, it would be forgiven. But if that is true, even if it fell down close to the debtor, the debtor should have the benefit! But we have stated, if it falls down close to the debtor, the debtor is still obligated. For he said to him, throw it so that it will enter my domain, and it did not yet enter his domain. Rebbi Abbahu said, all those objections that Rebbi Zeïra raised before Rebbi Yasa, Rebbi Simeon ben Laqish raised before Rebbi Joḥanan. Did he accept them from him? He solved them with those same solutions.

Rebbi Zeïra objected before Rebbi Yasa: But did we not state: The same applies to marriage? He answered him, divorce documents and marriage contracts have the same rules. But did we not state: The same applies to debt? He said to him, because if he said to him: Throw it into the sea and your debt will be forgiven, it would be forgiven. But if that is true, even if it fell down close to the debtor, the debtor should have the benefit! But we have stated, if it falls down close to the debtor, the debtor is still obligated. For he said to him, throw it so that it will enter my domain, and it did not yet enter his domain. Rebbi Abbahu said, all those objections that Rebbi Zeïra raised before Rebbi Yasa, Rebbi Simeon ben Laqish raised before Rebbi Joḥanan. Did he accept them from him? He solved them with those same solutions.

Rebbi Zeïra objected before Rebbi Yasa: But did we not state: The same applies to marriage? He answered him, divorce documents and marriage contracts have the same rules. But did we not state: The same applies to debt? He said to him, because if he said to him: Throw it into the sea and your debt will be forgiven, it would be forgiven. But if that is true, even if it fell down close to the debtor, the debtor should have the benefit! But we have stated, if it falls down close to the debtor, the debtor is still obligated. For he said to him, throw it so that it will enter my domain, and it did not yet enter his domain. Rebbi Abbahu said, all those objections that Rebbi Zeïra raised before Rebbi Yasa, Rebbi Simeon ben Laqish raised before Rebbi Joḥanan. Did he accept them from him? He solved them with those same solutions.

HALAKHAH: Rebbi Eleazar said, only to his sons. Rebbi Yose asked, what means “only to his sons?” If he has sons, one should return it to his sons. If he has no sons, one should return it to his daughters. That you should not say, since the inheritance of the convert is not settled in the Torah, he should return it to the children. Similarly, if somebody died who was the last of his family and he has no heir except his mother one does not have to repay, but if the debtor repaid the Sages are pleased with him.

“ How does one not take it as a pledge? He who enters another’s house to take a pledge should not take his debtor’s Second Tithe as pledge.” It was stated: “One does not give it as a deposit and he should not give it to a grocer to receive food in its value.” If one transgressed and took as pledge, trangressed and gave as deposit? It shall be as the following: “If somebody eats his Second Tithe, whether in error or intentionally, he shall cry out to Heaven, the words of Rabban Simeon ben Gamliel. Rebbi says, in error he shall cry out to Heaven, intentionally the money’s worth shall be restituted. If it was money, in error he shall cry out to Heaven, intentionally the money’s worth shall be restituted, the words of Rabban Simeon ben Gamliel. Rebbi says, whether in error or intentionally, the money’s worth shall be restituted.” Rebbi Zeriqa in the name of Ḥizqiah: Practice follows Rebbi for money and Rabban Simeon ben Gamliel for produce. Rebbi Ila said, there was a case about money and they instructed following Rebbi.

“Anybody who carries out a toll collector’s receipt is liable.” It was stated: “If one carries out a toll collector’s receipt, before he showed it to the toll collector he is liable, after he showed it to the toll collector he is not liable. Rebbi Jehudah says, even after he showed it to the toll collector he is liable since he may show it to another toll collector.” If one carries out a document of indebtedness, before he showed it to the debtor he is liable, after he showed it to the debtor he is not liable. Rebbi Jehudah says, even after he showed it to the debtor he is liable since he may show it to another debtor.

“Anybody who carries out a toll collector’s receipt is liable.” It was stated: “If one carries out a toll collector’s receipt, before he showed it to the toll collector he is liable, after he showed it to the toll collector he is not liable. Rebbi Jehudah says, even after he showed it to the toll collector he is liable since he may show it to another toll collector.” If one carries out a document of indebtedness, before he showed it to the debtor he is liable, after he showed it to the debtor he is not liable. Rebbi Jehudah says, even after he showed it to the debtor he is liable since he may show it to another debtor.

“Anybody who carries out a toll collector’s receipt is liable.” It was stated: “If one carries out a toll collector’s receipt, before he showed it to the toll collector he is liable, after he showed it to the toll collector he is not liable. Rebbi Jehudah says, even after he showed it to the toll collector he is liable since he may show it to another toll collector.” If one carries out a document of indebtedness, before he showed it to the debtor he is liable, after he showed it to the debtor he is not liable. Rebbi Jehudah says, even after he showed it to the debtor he is liable since he may show it to another debtor.

“Anybody who carries out a toll collector’s receipt is liable.” It was stated: “If one carries out a toll collector’s receipt, before he showed it to the toll collector he is liable, after he showed it to the toll collector he is not liable. Rebbi Jehudah says, even after he showed it to the toll collector he is liable since he may show it to another toll collector.” If one carries out a document of indebtedness, before he showed it to the debtor he is liable, after he showed it to the debtor he is not liable. Rebbi Jehudah says, even after he showed it to the debtor he is liable since he may show it to another debtor.

Rebbi Jeremiah said, “if he does not trust him,” the debtor, “or if he has nothing to eat,” the scribe. Rebbi Yose said to him, if you would say so you would permit professional work on the holiday. But “if he does not trust him,” about the past loan, “or if he has nothing to eat,” about the future loan.

Rebbi Yose insists on interpreting the contract text. Rebbi Yose explained: In a place where one treats the ketubah as a loan, she collects the entire amount. Where one doubles, she collects only half the amount. Rebbi Eleazar the caper grower insists on interpreting the contract text. Rebbi Eleazar the caper grower explained: nobody is permitted to buy domesticated or wild animals or birds unless he has food prepared for them. Rebbi Joshua ben Qorḥa insists on interpreting the contract text. Rebbi Joshua ben Qorḥa explained: a person lending money to another person should not take pledges except in court; he should not enter [the debtor’s] house to take the pledge, for he writes to him: “It will be paid by the property that came to my hand that I shall acquire corresponding to this [sum].”

HALAKHAH: “If somebody went overseas,” etc. Rebbi Abba bar Mamal asked: If somebody pays off somebody else’s debt without the latter’s knowledge, is that the disagreement of Ḥanan and the High Priests’ sons? Rebbi Yose said, there the reason of the High Priest’s sons is that he would not expect his wife to starve. But here, [the debtor could say:] “I could negotiate with him and he would forgive some.” Think of it, if [the loan] was on a pledge! “I could negotiate with him and he would return my pledge.” So far about a creditor who does not push [for repayment]. Even for a creditor who pushes, we can hear from the following: “He may give his šeqel.” If somebody does not pay his šeqel, does one not take a pledge from him? This says, even for a creditor who pushes. You should know that this is so, as we have stated: “He can bring for him nests for males or females suffering from genital discharges, nests for childbirth, purification and reparation offerings” since nothing of these comes to [the other person’s] hand. And here also, that nothing should come into his hand.

HALAKHAH: “If one is under a vow [not to have] usufruct from another,” etc. Rebbi Abba bar Mamal asked: If somebody pays off somebody else’s debt without the latter’s knowledge, is that the disagreement of Ḥanan and the High Priests’ sons? Rebbi Yose said, there the reason of the High Priest’s sons is that nobody expects his wife to die from hunger. But here, [the debtor could say:] “I could negotiate with him and he would forgive some.” Think of it, if [the loan] was on a pledge! “I could negotiate with him and he would return my pledge.” So far about a creditor who does not push [for repayment]. Even for a creditor who pushes, we can hear from the following: “He may give his šeqel. If somebody does not pay his šeqel, does one not take a pledge from him? This says, even for a creditor who pushes. You should know that this is so, as we have stated: “He can bring for him nests for males or females suffering from genital discharges, nests for childbirth, purification and reparation offerings” since nothing of these comes to [the other person’s] hand. And here also, that nothing should come into his hand.

Rebbi Zeïra objected before Rebbi Yasa: But did we not state: The same applies to marriage? He answered him, divorce documents and marriage contracts have the same rules. But did we not state: The same applies to debt? He said to him, because if he said to him: Throw it into the sea and your debt will be forgiven, it would be forgiven. But if that is true, even if it fell down close to the debtor, the debtor should have the benefit! But we have stated, if it falls down close to the debtor, the debtor is still obligated. For he said to him, throw it so that it will enter my domain, but it did not yet enter his domain. Rebbi Abbahu said, all those objections that Rebbi Zeïra raised before Rebbi Yasa, Rebbi Simeon ben Laqish raised before Rebbi Joḥanan. Did he accept them from him? He solved them with those same solutions.

Rebbi Zeïra objected before Rebbi Yasa: But did we not state: The same applies to marriage? He answered him, divorce documents and marriage contracts have the same rules. But did we not state: The same applies to debt? He said to him, because if he said to him: Throw it into the sea and your debt will be forgiven, it would be forgiven. But if that is true, even if it fell down close to the debtor, the debtor should have the benefit! But we have stated, if it falls down close to the debtor, the debtor is still obligated. For he said to him, throw it so that it will enter my domain, but it did not yet enter his domain. Rebbi Abbahu said, all those objections that Rebbi Zeïra raised before Rebbi Yasa, Rebbi Simeon ben Laqish raised before Rebbi Joḥanan. Did he accept them from him? He solved them with those same solutions.

Rebbi Zeïra objected before Rebbi Yasa: But did we not state: The same applies to marriage? He answered him, divorce documents and marriage contracts have the same rules. But did we not state: The same applies to debt? He said to him, because if he said to him: Throw it into the sea and your debt will be forgiven, it would be forgiven. But if that is true, even if it fell down close to the debtor, the debtor should have the benefit! But we have stated, if it falls down close to the debtor, the debtor is still obligated. For he said to him, throw it so that it will enter my domain, but it did not yet enter his domain. Rebbi Abbahu said, all those objections that Rebbi Zeïra raised before Rebbi Yasa, Rebbi Simeon ben Laqish raised before Rebbi Joḥanan. Did he accept them from him? He solved them with those same solutions.

Rebbi Zeïra objected before Rebbi Yasa: But did we not state: The same applies to marriage? He answered him, divorce documents and marriage contracts have the same rules. But did we not state: The same applies to debt? He said to him, because if he said to him: Throw it into the sea and your debt will be forgiven, it would be forgiven. But if that is true, even if it fell down close to the debtor, the debtor should have the benefit! But we have stated, if it falls down close to the debtor, the debtor is still obligated. For he said to him, throw it so that it will enter my domain, but it did not yet enter his domain. Rebbi Abbahu said, all those objections that Rebbi Zeïra raised before Rebbi Yasa, Rebbi Simeon ben Laqish raised before Rebbi Joḥanan. Did he accept them from him? He solved them with those same solutions.

Rebbi Eleazar said, for I am saying that he wanted to take a loan but did not. Rebbi Eleazar said, if the debtor agreed, he should return it. Rebbi Eleazar said, if the document was generally known to be in the creditor’s hand, he should return it. But all three are broken, “the Sages say, in no case should he return them.” Rebbi Abbahu in the name of Rebbi Joḥanan: Because of conspiracy. Rebbi Yasa in the name of Rebbi Joḥanan: If its date was that very day, he should return it.

Rav Jeremiah in the name of Rav: A stipulation produced by the creditor in the creditor’s handwrtiting is invalid, for I am saying that he has trained in writing documents. This implies that in the hand of another it would be valid. Rebbi Isaac bar Naḥman in the name of Samuel: A stipulation is only valid if it is in the possession of the creditor but written by the debtor. But did we not state: “That our father did not charge us, that our father did not tell us, that we did not find a document among our father’s documents that this note was paid.” Therefore, it might be found paid. What about this? Rebbi Yose ben Rebbi Abun said, explain it that it was a testamentary gift., since people are not likely to impair their testamentary gifts.

MISHNAH: What is biting and what is increase? What is biting, lending a tetradrachma for five denars, two se’ah of wheat for three; because this bites. What is increase? Paying more for produce. How is this? One bought from another wheat for a gold denar the kor at the going rate. Wheat appreciated to thirty denars. He told him, deliver my wheat, for I want to sell it and buy wine with the proceeds. The other said, let your wheat be given to me for thirty denars and you have wine with me, but he has no wine. A creditor may not dwell on the debtor’s premises for free or rent it below the going rate, for this would be interest.

MISHNAH: A man may say to another, weed with me and I shall be weeding with you, hoe with me and I shall be hoeing with you, but he shall not tell him, weed with me and I shall be hoeing with you, hoe with me and I shall be weeding with you. All the dry season is one, all the wet season is not; one may not say to him, plough with me in the dry season and I shall be ploughing with you in the wet season. Rabban Gamliel says, there exists predated and postdated interest. How is this? If one indended to borrow from him and sent him [a gift] saying, so you should lend me; that is predated interest. If one had borrowed and returned the money when he sent him [a gift] saying, that is for your money which was not earning for you while it was with me; that is postdated interest. Rebbi Simeon says, there exists verbal interest. One should not say to him, you should know that X came from place Y. The following transgress prohibitions: The creditor, and the debtor, and the guarantor, and the witnesses; the Sages say, also the scribe. They transgress “do not give,” and “do not take from him,” and “do not be a creditor,” and “do not burden him with interest,” and “before a blind man do not put an obstacle; and fear your God, I am the Eternal.”

HALAKHAH: It is written about torts that the collection be from the best quality, as it is said: “his best field, etc.” And it is written about a loan that the collection be from average quality, as it is said: “and the man to whom you are creditor, etc.” They inferred real estate from pledges. Similarly, should not pledges be inferred from real estate? Rebbi Simai explained: It is a word of the Torah that the court’s bailiff enter and collect from average quality. For if the creditor enter, he would bring out the best. And if the debtor enter, he would bring out the worst. But the court’s bailiff enters and collects from average quality. Rebbi Ismael stated: It is a word of the Torah that the debtor enter, as it is said: “and the man to whom you are creditor etc.” Rebbi La said, it was stated there: “to seize as pledge”, by the court. Outside the court, from where? The verse says, “if to seize as pledge you seize as pledge.” If he took the pledge without authorization, he transgresses all these verses. Rebbi La said, he caused himself to transgress all these verses.

HALAKHAH: It is written about torts that the collection be from the best quality, as it is said: “his best field, etc.” And it is written about a loan that the collection be from average quality, as it is said: “and the man to whom you are creditor, etc.” They inferred real estate from pledges. Similarly, should not pledges be inferred from real estate? Rebbi Simai explained: It is a word of the Torah that the court’s bailiff enter and collect from average quality. For if the creditor enter, he would bring out the best. And if the debtor enter, he would bring out the worst. But the court’s bailiff enters and collects from average quality. Rebbi Ismael stated: It is a word of the Torah that the debtor enter, as it is said: “and the man to whom you are creditor etc.” Rebbi La said, it was stated there: “to seize as pledge”, by the court. Outside the court, from where? The verse says, “if to seize as pledge you seize as pledge.” If he took the pledge without authorization, he transgresses all these verses. Rebbi La said, he caused himself to transgress all these verses.

MISHNAH: Two brothers, one poor and one rich, to whom their father left a bath house and an olive press. If they were built to be rented out, the rental fees are common property. If he built them for his own use, the rich one tells the poor, buy yourself slaves and have them bathe in the bathhouse, buy yourself olives and process them in the olive press. If two people lived in the same town, both called Yose ben Simeon, they cannot write a bond one on the other or a third party on one of them. If somebody found between his bonds a bond of Yose ben Simeon which was paid off, the bonds of both of them are paid off. What can they do? They write three generations. If their names were identical for three generations, they should write a characteristic mark. If they had identical charateristic marks, they should write “Cohen”. If somebody said to his son, a bond among my bonds is paid, but it is not known which one it is, all his bonds are paid. If one finds there two [bonds] given by the same [debtor], the larger one is paid, the smaller one is not paid.

MISHNAH: Somebody who gives a loan to another person with a guarantor may not request payment from the guarantor. If he said, on condition that I may request payment from whom I choose, he may ask payment from the guarantor. Rabban Simeon ben Gamliel said, if the debtor has real estate then in no case may he request payment from the guarantor.

HALAKHAH: “Somebody who gives a loan to another person with a guarantor,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: If the debtor has real estate. But if the debtor has no real estate, he may request payment from the guarantor. If he said, on condition that I may request payment from whom I choose, he may request payment from the guarantor.

HALAKHAH: “Somebody who gives a loan to another person with a guarantor,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: If the debtor has real estate. But if the debtor has no real estate, he may request payment from the guarantor. If he said, on condition that I may request payment from whom I choose, he may request payment from the guarantor.

“`You are holding a mina for me,’ ‘I am not holding anything for you.’ ” Issy said, one who gives a loan to another in the presence of witnesses should claim repayment only in the presence of witnesses. Rebbi Avin said, the word of Issy: If one gives a loan to another in the presence of witnesses, [the debtor] should not repay except in the presence of witnesses. The Mishnah disagrees with him: “ ‘You are holding a mina for me;’ he said ‘yes’. The next day he said, ‘return it to me,’ ‘I returned it to you;’ he is not liable. ‘I am not holding anything for you,’ he is liable.”

Rav said, if the debtor died, the creditor swears to his heirs. Even if the creditor died, the creditor’s heirs swear to the debtor. But if the debtor died first and after him the creditor, the creditor already was obligated for an oath to the debtor’s sons and nobody makes his sons inherit his oath. Rebbi Joḥanan heard and said, should that one eat and enjoy it?

Rav said, if the debtor died, the creditor swears to his heirs. Even if the creditor died, the creditor’s heirs swear to the debtor. But if the debtor died first and after him the creditor, the creditor already was obligated for an oath to the debtor’s sons and nobody makes his sons inherit his oath. Rebbi Joḥanan heard and said, should that one eat and enjoy it?

Rav said, if the debtor died, the creditor swears to his heirs. Even if the creditor died, the creditor’s heirs swear to the debtor. But if the debtor died first and after him the creditor, the creditor already was obligated for an oath to the debtor’s sons and nobody makes his sons inherit his oath. Rebbi Joḥanan heard and said, should that one eat and enjoy it?

Rav said, if the debtor died, the creditor swears to his heirs. Even if the creditor died, the creditor’s heirs swear to the debtor. But if the debtor died first and after him the creditor, the creditor already was obligated for an oath to the debtor’s sons and nobody makes his sons inherit his oath. Rebbi Joḥanan heard and said, should that one eat and enjoy it?

Rav Ḥiyya bar Ashi in the name of Rav: A document produced by the creditor in the creditor’s handwriting is invalid, for I am saying that he has practiced writing documents. This implies that in the hand of another it would be valid. Rebbi Abinna in the name of Samuel: It is always invalid unless it be in the creditors’s possession but in the debtor’s handwriting. What about this? Rebbi Yose ben Rebbi Bun said, explain it according to everybody about a testamentary gift.