Study Kiddushin folio 48A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
המוכר שטר חוב לחבירו, וחזר ומחלו – מחול, ואפילו יורש מוחל. דמר אית ליה דשמואל. ומר לית ליה דשמואל.
In the case of one who sells a promissory note to another, and he, the seller, went back and forgave the debtor his debt, it is forgiven, since the debtor essentially had a non-transferable obligation to the creditor alone. And even the creditor’s inheritor can forgive the debt. It can be explained that one Sage, i.e., the Rabbis, is of the opinion that the ruling is in accordance with the opinion of Shmuel. Since the man can forgive the debt, the woman will not rely on her ability to collect using the promissory note she has received for her betrothal. And one Sage, R' Meir, is not of the opinion that the ruling is in accordance with the opinion of Shmuel; the woman relies on her ability to collect using the promissory note and is betrothed.
And if you wish, say instead that everyone is of the opinion that the ruling is in accordance with the opinion of Shmuel, and here they disagree with regard to a woman who is becoming betrothed. One Sage, R' Meir, holds that a woman relies on a promissory note she receives, since she says to herself: He would not leave aside my benefit and forgive the debt of others. And one Sage, i.e., the Rabbis, holds that even a woman who received the promissory note for betrothal does not rely on being able to collect the debt, since she is concerned he might forgive it.
במלוה על פה. במאי פליגי? בדרב הונא אמר רב, דאמר רב הונא אמר רב: מנה לי בידך, תנהו לפלוני במעמד שלשתן – קנה.
Having enumerated several possibilities for the dispute in the case of a loan with a promissory note, the Talmud explains the dispute in the case of a loan by oral agreement: In the case of one who betroths a woman with a loan by oral agreement, with regard to what do they disagree? They disagree with regard to the statement of Rav Huna, who quoted a statement that Rav says, as Rav Huna says that Rav says: If one said to another: I have 100 dinars in your possession, give it to so-and-so, if he stated this in the presence of all 3 parties, i.e., the one who had the money, the one who was the owner of the money, and the intended recipient, the intended recipient has acquired it.