REVACH L'DAF
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SUMMARY
1. If there is no loan document but there are witnesses attesting to the loan, the lender may collect from the borrower's heirs.
2. The Gemara explains this law.
3. Rebbi Elazar: A Get given without the signatures of witnesses is valid.
4. A guarantor does not need a Kinyan to become a guarantor if he becomes a guarantor at the time the loan is issued.
5. A guarantor appointed by Beis Din does not require a Kinyan.
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A BIT MORE
1. However, the lender may not seize property that was sold by the borrower after the loan was taken.
2. Since it is beneficial to society and the economy for people to be able to borrow money, the Chachamim instituted that the lender should be able to collect even from the borrower's heirs. However, it is unfair to make the buyers of property from the borrower liable, as they had no way to protect themselves in the case of a verbal loan (as opposed to a documented loan, which people usually know about).
3. This is because Rebbi Elazar rules that the witnesses who see the giving of the Get validate it, not the witnesses who sign the Get.
4. In order to become a guarantor after a loan is issued, a Kinyan is required.
5. This is because he clearly wants to be a Beis Din-appointed guarantor, so that people will view him as a credible person. He, therefore, clearly commits to being a guarantor even without an act of Kinyan.
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Index to Revach for Maseches Bava Basra
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