הגמרא המבוארת- בבא בתרא דף קס(עם ביאור שטיינזלץ)

And I bought the field that was in Anathoth from Hanamel, my uncle's son, and weighed him the money, seven shekels and ten pieces of silver. And I subscribed the deed, and sealed it, and called witnesses, and weighed the money in the balances. So I took the deed of the purchase, that which was sealed, the terms and the conditions, and that which was open. (Jeremiah 32:9–11) So said the Lord of hosts, the God of Israel: Take these deeds, this deed of the purchase, that which is sealed, and this deed that is open, and put them in an earthen vessel, that they may continue many days. (Jeremiah 32:14) In this chapter, the Gemara discusses the above verses and concludes that no practical halakhic deductions may be drawn from these verses in Jeremiah. Nevertheless, it is possible to learn from them that already in First Temple times there were distinct procedures involved in the formulation of deeds and intricate methods of acquisition associated with them. Since the Torah itself does not mention legal documents, with the exception of the bill of divorce mentioned in Deuteronomy 24:1, all the halakhot pertaining to such documents are rabbinic ordinances instituted through the ages, from the time of Moses down to the latter generations of talmudic Sages. This chapter, the final chapter of the tractate, discusses several fundamental issues concerning the legal documents relevant to the various kinds of business transactions dealt with throughout the tractate. One issue is the correct method of writing the text and signing of witnesses on a document. In mishnaic times there were two types of documents: Ordinary documents and tied, or folded, documents. The proper procedure for preparing each of these documents is examined in this chapter: Where and how the witnesses should sign, under what circumstances a document may be written upon paper or parchment that had its original text written and erased, how to erase or correct errors in documents, and how to resolve apparent contradictions found in a document's text. Other issues discussed are: May a document for a legal transaction be written with the consent of only one of the parties involved, or is it necessary to consult with and receive the consent of all the parties? Which party is required to pay the wages of the one who writes the document? The Gemara also considers a somewhat related issue: If one has a document that has become erased or is fading and is bound to become illegible, is there a way to have the contents copied into a replacement document? The chapter addresses yet another question: If a promissory note is paid in part, should a new promissory note be written for the balance, or is the original promissory note to be retained, with a receipt issued to the debtor to protect him from subsequent collection of the full amount? Toward the end of the chapter, the concept of a loan guarantee is raised. The basic idea of a guarantee is mentioned in the Torah, but its application to a loan guarantee is not clear. One question that arises is: What is the legal relationship between the creditor and the guarantor? Is the guarantor obligated to repay the loan only if the debtor defaults, or can the creditor approach the guarantor directly? Other issues discussed include the following: Is a guarantor legally bound by merely stating he will serve as a guarantor, or must his commitment be recorded in writing? What is the precise formulation that obligates a guarantor to honor his pledge? Can property that a guarantor has sold to others subsequent to undertaking the guarantee be seized as repayment? Along with its analysis of these and similar topics, the Gemara addresses certain other subjects of a tangential nature, some of which are explored quite thoroughly.