Quoting%20commentary for Bava Batra 83:2

ומי אמר רב הכי והתנן המלוה את חבירו בשטר גובה מנכסים משועבדים ע"י עדים גובה מנכסים בני חורין

[supposing there are no free assets]; if, however, the loan was made only in the presence of witnesses, he may only recover from property on which there is no lien? And should you answer that Rab is himself [considered] a Tanna and may dispute [the ruling of a Mishnah], this can hardly be, since Rab and Samuel have both laid down that a loan [contracted] by word of mouth<span class="x" onmousemove="('comment',' I.e., in the presence of witnesses but without a bond. ');">³</span> cannot be recovered either from the heirs [of the debtor] or from those who have [subsequently] purchased [from him].<span class="x" onmousemove="('comment',' Which is equivalent to saying that it cannot be recovered from property on which there is a lien. ');">⁴</span>

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