Commentary for Bava Batra 340:5
אמר ליה שמיע ליה ולא הדר ביה
RIGHTS MUST NOT BE IMPAIRED. <b><i>GEMARA</i></b>. R. Huna said in the name of Rab: The <i>halachah</i> is neither in accordance with R. Judah nor in accordance with R. Jose; but [only] a court of law [has the authority to] tear up the deed and to write for the creditor<span class="x" onmousemove="('comment',' Lit., 'for him'. ');"><sup>13</sup></span> another deed<span class="x" onmousemove="('comment',' for the balance of the debt. ');"><sup>14</sup></span> entering the original date.<span class="x" onmousemove="('comment',' Lit., 'from the first time'. ');"><sup>15</sup></span> Said R. Nahman to R. Huna, and others say [that] R. Jeremiah b. Abba said to R. Huna: Had Rab heard that Baraitha<span class="x" onmousemove="('comment',' Cited infra 171a. ');"><sup>16</sup></span> wherein it was taught, 'Witnesses may tear up a deed and write 'for [the creditor]; another deed entering the original date', he would have withdrawn.<span class="x" onmousemove="('comment',' His ruling; and would have admitted the halachah to be in accordance with the ruling of R. Judah in our Mishnah. Since the original date is entered in the new bond, the creditor is involved in no loss or disadvantage whatsoever, and there should, therefore, be no difference whether the court or witnesses change the deed. ');"><sup>17</sup></span> He said unto him: He heard it and he did not withdraw.
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