Responsa for Bava Batra 351:8

קשיא דרב אדרב לא קשיא הא דכתב ביה פלוני ערב הא דכתב ביה ופלוני ערב

it is different, because he<span class="x" onmousemove="('comment',' The husband (in case of a divorce), or a creditor (in the case of a bond). ');">¹⁵</span> pledged himself at the very time of writing.<span class="x" onmousemove="('comment',' Of the document, i.e., it was originally written with the intention of delivering it in the presence of witnesses instead of having their signatures on the document. Since witnesses to the delivery confer upon a document the same force as witnesses who sign it, the document is valid. R. Johanan, however, speaks of a note-of-hand given to the creditor sometime after the loan was made as a token of indebtedness. Such a note, not being written in the form of a bond and bearing no signatures of witnesses, cannot transform a verbal loan into one secured by a bond. ');">¹⁶</span>

Teshuvot Maharam

Teshuvot Maharam