Responsa for Bava Batra 335:13
<big><strong>מתני׳</strong></big> מי שפרע מקצת חובו והשליש את שטרו ואמר לו אם לא (נתתי) לך מכאן ועד יום פלוני תן לו שטרו הגיע זמן ולא נתן רבי יוסי אומר יתן רבי יהודה אומר לא יתן:
<b><i>MISHNAH</i></b>. [IN THE CASE] WHERE [A PERSON] PAID A PART OF HIS DEBT AND THE BOND WAS DEPOSITED WITH A THIRD PARTY TO WHOM [THE BORROWER SAID]. 'IF I WILL NOT PAY YOU [THE BALANCE] BETWEEN NOW AND<span class="x" onmousemove="('comment',' Lit., 'from here and until'. ');"><sup>36</sup></span> A CERTAIN DATE, GIVE HIM<span class="x" onmousemove="('comment',' The creditor. ');"><sup>37</sup></span> HIS BOND', [AND] THE DATE ARRIVED AND HE DID NOT PAY, R. JOSE SAID: HE<span class="x" onmousemove="('comment',' The trustee. ');"><sup>38</sup></span>
Maharach Or Zarua Responsa
Q - A made an agreement to sell a parcel of land to B, before Hanukkah, and gave the latter a book as security, that the former would fulfill the agreement. A said to B, before an authoritative court, "If I do not carry out the terms of the agreement. This book shall be yours as of now." A failed to sell B the land before Hanukkah. Can A still sell the land to B, without incurring the penalty, although the designated time had elapsed?
A - In reality, both A and B were not sincerely interested about consummating the agreement before Hannukah. This deadline was intended to merely serve as a stimulus to complete the deal. The transaction can therefore be completed after the designated time had elapsed, and A need incur no penalty, whatsoever.
A - In reality, both A and B were not sincerely interested about consummating the agreement before Hannukah. This deadline was intended to merely serve as a stimulus to complete the deal. The transaction can therefore be completed after the designated time had elapsed, and A need incur no penalty, whatsoever.
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