Reference for Shevuot 86:11
היכי דמי אי דשוי שיעור זוזי
- [Now why? ] Let him say to him: 'But you accepted it [as security]'!<span class="x" onmousemove="('comment',' Why should the borrower have to take an oath? Let him say to the lender: 'You accepted the pledge as security for your loan, and since you have lost the pledge, you have lost your money!' Since the Mishnah does not say this, it conflicts with the view of Samuel!');"><sup>16</sup></span> - Our Mishnah [refers to a case] where he stated explicitly;<span class="x" onmousemove="('comment',' That he accepts the pledge as security only up to its value.');"><sup>17</sup></span> and Samuel [refers to a case] where he did not state this explicitly.<span class="x" onmousemove="('comment',' But simply accepted the pledge; we assume therefore that he accepted it as full security for the whole amount of the loan; and if he loses the pledge, he loses the loan.');"><sup>18</sup></span> Shall we say that Tannaim [disagree on this point]? [For it was taught:] If a man lends his neighbour [money] on a pledge, and the pledge was lost, he swears,<span class="x" onmousemove="('comment',' That he has lost it.');"><sup>19</sup></span> and takes his money: this is the opinion of R'Eliezer. R'Akiba says: He may say to him: 'Did you not lend me because of the pledge? Since the pledge is lost, your money is lost.' But if one lends a thousand zuz on a bond, and he deposited a pledge with him, all agree that if the pledge is lost, the money is lost.<span class="x" onmousemove="('comment',' For since the lender has a document that the other owes him the money, what need is there for a pledge? Obviously, therefore, he took the pledge to secure himself, that if the borrower would not pay (or would have no means to pay) he would keep the pledge. The pledge was therefore not merely a reminder of the loan but a possible source of repayment (for, as a reminder of the loan, he had the bond) . If he loses the pledge, therefore, he loses the loan.');"><sup>20</sup></span> - Now, how is this? If the pledge is equal to the amount of the loan,