BAVA BASRA 171-172 - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.
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Lender claims he lost the Shtar. Does the borrower repay?
Yes. Gets receipt.
Yes. No receipt must trust borrower.
No, not until Shtar is found.
Machlokes A&B.
Machlokes A&C.
Do we write a replacement document on a sale?
Yes.
Yes, חוץ מאחריות.
No.
Machlokes A&B.
Machlokes A&C.
שטר שזמנו כתוב בשבת is Kosher.
True. We assume it is postdated.
False.
Safek.
Machlokes A&B.
Machlokes all of the above
שטר מאוחר is O.K.
True.
False.
Safek.
Machlokes A&B.
Machlokes B&C.
Assuming we allow a שובר we force him to accept a receipt even when the entire loan was paid.
True.
False.
Safek.
Machlokes A&B.
Machlokes B&C.
Nowadays, we write postdated documents and we force a borrower to accept a receipt.