Bava Metzia 17A

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Text Excerpt

ואמר ״פרעתי״⁠ – נאמן. בא מלוה לכתוב ⁠– אין כותבין ונותנין לו.

and later on the debtor said: I repaid him, his claim is deemed credible. He must take an oath and is exempt from payment. Therefore, if the creditor comes and asks the court to write an authorization for him to appropriate the property of the debtor, they do not write an authorization and give the document to him.

״חייב אתה ליתן לו״ ואמר ״פרעתי״⁠ – אינו נאמן. בא מלוה לכתוב ⁠– כותבין ונותנין לו.

By contrast, if the court merely said: You are liable to give him what you owe him, but did not complete the process by saying: Go and give it to him, and later on the debtor said: I repaid the debt, his claim is not deemed credible. The assumption is that since he did not pay on his own without the need for litigation, he does not intend to pay until the court finalizes its verdict against him. Therefore, since the debtor is suspected of lying, the creditor takes an oath and collects what he is owed. In this case, if the creditor comes and asks the court to write an authorization for him to appropriate the property of the debtor, they write the document and give it to him.

רב זביד משמיה דרב נחמן אמר: בין ״צא תן לו״, בין ״חייב אתה ליתן לו״, ואמר ״פרעתי״⁠ – נאמן. בא מלוה לכתוב ⁠– אין כותבין ונותנין לו.

Rav Zevid says in the name of R' Naḥman: Both in the case where the court said: Go and give him what you owe him, and in the case where the court said: You are liable to give him, if the debtor subsequently said: I repaid the debt, his claim is deemed credible. Therefore, if the creditor comes and asks the court to write an authorization, they do not write the document and give it to him.

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