What is the kinyan that is made between the malveh and the loveh when the loveh admits that he owes the malveh money? Why does a kinyan lead to the assumption that unless explicitly stated otherwise, a written shtar can be drawn up?
Ari Horowitz, Toronto, Ontario, Canada
The Kinyan discussed here is between the Loveh and the witnesses. The Loveh would generally do a Kinyan Sudar (Chalipin) making the witnesses his emmissaries to write a Shtar Hoda'ah (similar to the one done with a Rav when he sells your Chometz). The reason the Kinyan leads to this assumption is that "Stam Kinyan l'Kesivah Omed" -- "a (deal done with a) regular Kinyan is (presumably) meant to be written down" (see Shulchan Aruch C.M. 39:3). The use of a Kinyan, which finalizes the testimony in a very formal manner, is indicative that this a formal loan which is meant to be written down.
All the best,
Yaakov Montrose