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Daf Bullets
1. Only Bais Din has the Koach to replace a lost Shtar with a new Shtar that has a Shibud from the date of the old Shtar. read more 1. Hefker Bais Din Hefker
2. Eidim can rewrite a lost Shtar only if there is no Shibud, such as Shtar Matana, or a sale where there is no Achrayus.
3. If a Shtar is clearly Mi'uchar, like a Shtar dated according to the solar calendar that falls out on Shabbos or Yom Kippur, everyone agrees it is kosher. read more Even if a receipt of payment is dated before the date of the loan, we will know that it is Mi'uchar and the lender cannot claim that this was a new loan.
4. Rebbi Yehuda holds that a Shtar Mi'uchar that is not clearly Mi'uchar is Kasher, since he holds you cannot give a receipt if you claim the Shtar is lost. read more You need to rip up the Shtar so he cannot take it out later and claim based on the later date that it is a new loan.
5. Rebbi Yosi holds a Shtar Mi'uchar is pasul, since you can give a Shovar if you claim the Shtar is lost. read more The Malveh may then try to collect with the "lost" shtar, claiming, based on its subsequent date, that it is a new loan.
6. If you hold the Malveh can give a Shovar instead of returning the Shtar, he may do so even upon full payment and not only if the Loveh partially pays. read more This means that the Loveh will always need to keep his Shovar just in case the Malveh "finds" the lost Shtar. The burden is on the Loveh to safeguard his Shovar and not on the Malveh to safeguard his Shtar. Eved Loveh L'Ish Malveh.
7. Even Rebbi Yehuda agrees that a Shtar Mechira that is Mi'ucher is pasul, since the seller may buy it back before the date of the Shtar and then the buyer will claim that he bought it back again at the date of the Shtar.
8. At a certain point in time they wrote Shtar Mi'uchar even though they gave a Shovar, since they clearly wrote in the Shtar that it is Mi'uchar. read more Then the Malveh could not collect with it, even if the date is after the date of the Shovar.
9. Later they started writing in the Shovar the date of the Shtar Mi'uchar, and if they didn't know it they wrote that this amount of money can never be claimed by the Malveh regardless of date.
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