Commentary for Bava Metzia 40:26

ת"ש סמפון שיש עליו עדים יתקיים בחותמיו אימא יתקיים מחותמיו

— how did they [the documents] come to be together? — But may not [the persons mentioned in the documents as borrowers] have gone [to the same Clerk] to have them written?<span class="x" onmousemove="('comment',' And the clerk lost them after writing them, so that they were not used at all, and no money was lent. ');">²⁴</span> They were written in three different handwritings. But may not [the borrowers] have gone [with them to the Clerk of the Court] to have them endorsed? — The lender gets his document endorsed, but not the borrower. IF THERE ARE NOTES OF CANCELLATION AMONG THEM ONE MUST ABIDE BY THE CONTENTS OF THE NOTES. R. Jeremiah b. Abba said in the name of Rab: A note of cancellation<span class="x" onmousemove="('comment',' [ [H], from [G], an agreement, then the provision made for the cancellation of a contract under certain conditions.] ');">²⁵</span> that is produced by the lender<span class="x" onmousemove="('comment',' Instead of being produced by the borrower. ');">²⁶</span> even if it is written in his own hand, is to be regarded merely as a prank, and is invalid. [This is so] not only when it is written by a scribe, in which case it may be said that the scribe happened to meet him [the lender] and wrote [the note],<span class="x" onmousemove="('comment',' So that the lender might have it ready when the borrower would call to pay and would ask for a receipt. ');">²⁷</span> but even if it is in his own handwriting<span class="x" onmousemove="('comment',' Showing that the lender was himself able to write, and there was no reason why he should have it written before the borrower paid the debt. ');">²⁸</span> it is invalid, [for we assume that he wrote it] thinking, 'The borrower may come at dusk and pay me, and if I do not give him [the note of cancellation] he will not give me the money. I shall write [the note now], so that when he brings me the money I shall give it to him.' [But] we have learned [in the Mishnah]: IF NOTES OF CANCELLATION ARE FOUND AMONG THEM ONE SHALL ABIDE BY THE CONTENTS OF THE NOTES?<span class="x" onmousemove="('comment',' And it is obvious that here it is the lender who produces the notes of cancellation, for it is he who found them among the notes of indebtedness in his possession. ');">²⁹</span> — As R. Safra said<span class="x" onmousemove="('comment',' Below in our Gemara. ');">³⁰</span> it was found among torn documents, so here also it was found among torn documents.<span class="x" onmousemove="('comment',' [The bill to which the cancellation relates was found intact among torn documents, which shows that the cancellation is genuine, as otherwise the bill would not have been placed among the torn notes of indebtedness.] According to Rashi's second explanation the note of cancellation was found torn among the other torn documents held by the lender, and the fact that it was found among useless documents shows that the borrower just left it with the lender after paying him, and the latter discarded it and put it among his other useless papers. Had the lender written it for the purpose of having it ready when required he would not have put it among his useless papers. ');">³¹</span> Come and hear: If one found among his documents [a note stating] that the note of indebtedness of Joseph b. Simeon was paid, [and there were two debtors bearing that name] the notes of both [debtors] are [deemed to have been paid]?<span class="x" onmousemove="('comment',' As each of them can claim to be the person named in the receipt. Cf. B.B. 172a. This proves that a note of cancellation in the possession of the lender is valid. ');">³²</span> — As R. Safra said it was found among torn documents, so here also it was found among torn documents. Come and hear: We swear that our father has not instructed us or said anything to us, and that we have not found [any note] among his documents, to the effect that this note [of indebtedness] has been paid?<span class="x" onmousemove="('comment',' V. Shebu. 45a. This oath has to be taken by orphans who wish to collect debts due to their father. From the text of this oath it appears that if a note of cancellation is found among the lender's documents it is valid, which contradicts the previous teaching that a note of cancellation produced by the lender is invalid. ');">³³</span> R. Safra answered: If it is found among his torn documents.<span class="x" onmousemove="('comment',' It is valid if it is found among the lender's torn documents. This is why the orphans have to swear that no such note has been found. ');">³⁴</span> Come and hear: A note of cancellation which bears the signatures of witnesses must be corroborated by the signatories?<span class="x" onmousemove="('comment',' V. Sanh. 31b. This refers to a note of cancellation in possession of the lender, who denies having been paid, as is proved by the fact that he did not surrender it to the lender. The lender is not believed if the witnesses who signed the note testify that they signed it though they are unable to testify whether the debt was paid. Otherwise the lender is believed. This proves in any case that a note of cancellation in the possession of the lender is considered valid. ');">³⁵</span> Say: It must be corroborated through [the evidence of] the signatories:

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