Baba Basra 10:5-6

Baba Basra 10:5

A borrower paid part of his debt and gave his chit to a third party. The borrower said to the third party, “If I don’t pay you the balance due between now and such-and-such date, give the lender the document.” If that date arrives and the borrower has not paid the balance, Rabbi Yosi says the third party may give the note to the lender but Rabbi Yehuda says that he may not.

Baba Basra 10:6

If a person’s bill of debt got erased, the witnesses testify about what was on it. He goes to beis din and they validate the document for him, writing that the document of a certain person got erased on a certain date and that the following are his witnesses. If a person paid part of his debt, Rabbi Yehuda says he should exchange his bill of debt for a new one with an updated amount; Rabbi Yosi says the lender should write him a receipt for the portion paid. Rabbi Yehuda said that Rabbi Yosi’s approach requires the borrower to guard his receipt from mice (i.e., if he loses the receipt, he won’t be able to prove that he already paid part of his debt). Rabbi Yosi said that this is actually a desirable thing because it motivates the borrower to pay off the loan more quickly and the lender will not be disadvantaged by writing a new bill of debt (which would potentially weaken his position regarding the property he could claim to pay the debt).