Bava Batra 175 - December 17, 16 Kislev

Study Guide Bava Batra 155 If one says on one's deathbed that money is owed to someone - is that statement believed or should we assume that the person was only trying to make it look like their children do not have a lot of money? Would the same apply in a case where all the money was dedicated to the Temple rather than to the person's children? Can an heir claim that even though their bequeather may have said they owed someone money, they subsequently said they had paid them back? In what case are they believed and in what case are they not believed? What are the differences between a loan with a contract and a loan with an oral agreement? One who has a loan with a document can collect from liened property that has been sold, but an oral loan can only be collected from free (unsold) property. If a guarantor signs after the loan takes place, can one collect from the guarantor, and if so, are there any limitations? Is the property of a borrower liened to the creditor by Torah law or by rabbinic law? Raba and Ulla each take sides on this debate. Rav and Shmuel disagree with Rabbi Yochanan and Reish Lakish whether an oral loan can be collected from orphans or from purchasers. Rav Papa comes up with a unique ruling - not fully matching either position, as he saw a need in society to prevent creditors from refusing to loan money and to prevent a breakdown in the market where buyers are hesitant to purchase land.