Talmud Bavli
Talmud Bavli

Quoting%20commentary for Bava Batra 335:15

אמר רב נחמן אמר רבה בר אבוה אמר רב הלכה כרבי יוסי כי אתו לקמיה דרבי אמי אמר להו וכי מאחר שרבי יוחנן מלמדנו פעם ראשונה ושניה הלכה כרבי יוסי אני מה אעשה

[lies] the difference between them? — R. Jose holds [that] <i>asmakta</i><span class="x" onmousemove="('comment',' [H] (lit.. 'reliance'), an undertaking to pay or to forfeit something without receiving for it sufficient consideration, which is dependent on the non-fulfilment of a certain condition given by a person in the hope (reliance) that he would be able to fulfil the condition and would not in consequence have to carry out the undertaking. ');"><sup>41</sup></span> conveys possession.<span class="x" onmousemove="('comment',' Though the undertaking to pay the full debt was given in the hope and expectation that it would never have to be carried out, it is nevertheless legally binding, since the condition on which it was dependent was not in fact fulfilled. ');"><sup>42</sup></span> and R. Judah holds [that] an <i>asmakta</i> does not convey possession.<span class="x" onmousemove="('comment',' It is obvious that the borrower never intended to pay the full debt after he had already paid an instalment. His undertaking to pay the full debt if the balance were not paid by a certain date must have been in the nature of an expression of good faith, in his desire to show that it was his earnest hope and intention to pay the balance before that date arrived. ');"><sup>43</sup></span>

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