Halakhah for Shevuot 82:15

ההוא דאמר ליה לחבריה הב לי שית מאה זוזי דמסיקנא בך א"ל ולא פרעתיך מאה קבי

Said [R'Nahman] to him: 'Since you admit that you definitely received the money from him, it is a proper repayment; if you desire the condition to be fulfilled, go and bring the money [here], for here am I and R'Shesheth who have studied the laws, Sifra, Sifre, Tosefta,21 and the whole<big>GEMARA:</big> '<span class="x" onmousemove="('comment',' I.e., it is no excuse to say, because the money is now lost, that you accepted it as a deposit and not as repayment of the loan. [MS.M. reads 'Talmud' for 'Gemara' in curr. ed. On these terms, v. B.M. (Sonc. ed.) p. 206, n. 6.]');">22 There was a certain [man] who said to his neighbour: 'Give me the hundred zuz that l lent you.' The other said to him: 'The thing never happened.'23 He went and brought witnesses that he lent him, but [they also said] he repaid him. Abaye said: What shall we do? They say he lent him, and they themselves say he repaid him.24 Raba said: If he says, 'I did not borrow,' it is as if he said, 'I did not repay.'<span class="x" onmousemove="('comment',' For if he did not borrow he certainly did not repay. Witnesses testify that he did borrow, and they are believed; but they are not believed when they say he repaid, for he himself admits that he did not repay; therefore he must pay.');">25 There was a certain [man] who said to his neighbour: 'Give me the hundred zuz that I claim from you.' He replied to him: 'Did I not repay you before So-and-so and So-and-so? ' [Thereupon] So-and-so and So-and-so came and said: 'The thing never happened.'26 R'Shesheth thought of saying that he was therefore proven a liar.27 Said Raba to him: Anything which does not rest upon a man he will do unconsciously.<span class="x" onmousemove="('comment',' It was not incumbent upon him to remember whether he paid before witnesses or not, for the lender had not stipulated that he must repay him before witnesses; when, therefore, he said he had repaid before witnesses, his memory was at fault, but he is not thereby accounted a liar, and may take an oath that he has repaid the loan.');">28 There was a certain [man] who said to his neighbour: 'Give me the six hundred zuz that I claim from you.' The other replied to him: 'Did I not repay you a hundred kabs

Sefer HaChinukh

the laws of one given power of attorney (Bava Kamma 70a) towards the one he was appointed against and towards the one who appointed him, and the wording of appointment - which is, "take it to court and own it and take it for yourself"; and [that] the law of one who says, "I did not take out a loan," is as if he said, "I did not repay [it]" (Shevuot 41b); the laws of one who is assumed to be [dishonest] (Bava Metzia 17a); the law of one to whom the court says, "Go out and pay him," and he says, "I payed," or [if they say,] "You are obligated to give [it] to him"; the one who says, "Do not repay me without witnesses," or "[Repay me] in front of x and y," and what the law would be if they went to the country of the sea (far away); the law of whether witnesses of repayment are effective for a [borrower] who trusts the creditor with a deed as if there were two witnesses (Shevuot 42b); the law of in which matter a person can [effectively] say, "I was fooling you," or if a person cannot say [it at all] (Sanhedrin 29a); the law of the one who [wants to] extract [something] from his fellow, and the things wherein [there is validity to continued] possession - such that the one who claims them is [considered] the one who [wants to] extract them; the laws of possession (Bava Batra 28a); the laws of collections, for what do we go down to (impound) his properties; the laws of guarantees (Bava Batra 176b); the laws of protests (Bava Batra 38b); the law of the people against whom we do not establish possession, and that do not establish possession towards another; and all the laws of [making the first offer to neighbors]. And the rest of its many details - are [all] elucidated in [Bava] Kamma, mostly in the third chapter, and in [Bava] Metzia, mostly in the first chapter, and in the eighth of [Bava] Batra, and in Shevuot in the fifth, sixth and seventh chapters, and a few laws are in many scattered places in the Gemara (see Tur, Choshen Mishpat 89-94, etc.)

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