Responsa for Shevuot 81:14

תנן מנה לי בידך אמר לו הן למחר אמר לו תנהו לי נתתיו לך פטור והא הכא כיון דתבעיה בעדים כמאן דאוזפיה בעדים דמי וקתני פטור

we say to him, 'Swear to him.' Said R'Aha B'Raba to R'Ashi: [If so]<span class="x" onmousemove="('comment',' [Adopting reading of Florentine MS. v. D.S. a.l.]');">²¹</span> what is the difference between this and one who impairs the validity of his document?<span class="x" onmousemove="('comment',' If a creditor, producing a document for his claim, admits having already received some payment on account, he impairs the trustworthiness of his document, for the amount stated on the document is now not true (on his own admission) , and he may have received more than he admits; he therefore cannot obtain the rest of his claim without taking an oath. But in R. Papa's example he does not admit partial repayment, and therefore has not impaired the validity of the document he produces; why then should he be asked to take an oath?');">²²</span> - He said to him: There,<span class="x" onmousemove="('comment',' Where the document is impaired.');">²³</span> even if the debtor does not demand [an oath], we demand it for him; but here, we say to him, 'Go and pay him'; but if he demands and says, 'Swear to me,' we say to the creditor, 'Go and swear to him.'<span class="x" onmousemove="('comment',' For though the document is valid, it is possible the debtor paid him, and the creditor omitted to restore the document to the debtor for destruction; therefore he must swear, if the debtor demands it; v. Tosaf.');">²⁴</span> But if he is a Rabbinic scholar, we do not make him swear. Said R'Yemar to R'Ashi: A Rabbinic scholar may strip men of their cloaks?<span class="x" onmousemove="('comment',' Because he is a scholar is he favoured, and allowed to enforce his claim without an oath?');">²⁵</span> But<span class="x" onmousemove="('comment',' [It is not clear whether what follows are the words of R. Ashi or of R. Yemar. MS.M. reads, He (R. Ashi) said to him.]');">²⁶</span> we do not attend to his case.<span class="x" onmousemove="('comment',' We do not make him swear, because it would appear that we suspect him of attempting to claim money on a paid document; but he cannot receive his money, for the debtor demands an oath. But what is the difference between a scholar and an ordinary person? An ordinary person, too, need not swear, and loses his money. A scholar, if he has obtained his money by force from the debtor, is allowed to retain it; but an t,phrj tkupkp ordinary person is compelled by the court to return it; v. Asheri and a.l.');">²⁷</span> 'YOU HAVE OF MINE IN YOUR POSSESSION ONE HUNDRED DENARII,' etc. R'Judah said: R'Assi said; If one lends to his neighbour before witnesses, he must repay him before witnesses. When I said this before Samuel, he said to me: He may say to him: 'I paid you before So-and-so and So-and-so, and they went to a country beyond the seas.'<span class="x" onmousemove="('comment',' And are therefore not available; and the borrower is exempt. utk');">²⁸</span> We learnt: 'YOU HAVE OF MINE IN YOUR POSSESSION A HUNDRED DENARII'; HE SAID TO HIM [BEFORE WITNESSES]: 'YES'. ON THE MORROW HE SAID TO HIM: 'GIVE THEM TO ME'; [AND THE OTHER REPLIED:] 'I HAVE GIVEN THEM TO YOU,' HE IS EXEMPT. Now here, since he claimed from him before witnesses,<span class="x" onmousemove="('comment',' And he admitted the debt before them; v. B.B. ');">²⁹</span> it is as if he le him before witnesses, and yet it states he is exempt:

Teshuvot Maharam

Teshuvot Maharam

Teshuvot Maharam