Talmud - Shevu'ot 41b שבועות מ״א ב׳

Evidently, he is not required to repay him in the presence of witnesses. The Gemara suggests: This is a conclusive refutation of the opinion of Rav Asi.

The Gemara rejects this suggestion: Rav Asi could have said to you: When I said that the debtor is liable to repay him in the presence of witnesses, it was with regard to a case where the creditor lent the money to him in the presence of witnesses at the outset, as he did not trust him. But here, he trusted him at the outset, as he lent it to him in the absence of witnesses. Therefore, the debtor is not required to repay the debt in the presence of witnesses.

Rav Yosef teaches another version of this discussion, like this: Rav Yehuda says that Rav Asi says: In the case of one who lends money to another in the presence of witnesses, the latter need not repay him in the presence of witnesses. But if the creditor said: Repay me only in the presence of witnesses, the debtor is required to repay him in the presence of witnesses. Rav Yehuda continued: When I said this in the presence of Shmuel, he said to me that the debtor can say to the claimant: I repaid you in the presence of so-and-so and so-and-so, and they went overseas.

The Gemara raises an objection against Shmuel’s opinion: We learned in the mishna that in a case where the claimant said: I have one hundred dinars in your possession, and the defendant said to him: Yes, and the claimant then said to him: Give the money to me only in the presence of witnesses, then if the next day the claimant said to him: Give the money to me, and the defendant responded: I already gave it to you, he is liable to pay, as he is required to give it to him in the presence of witnesses. The Gemara suggests: This is a conclusive refutation of the opinion of Shmuel.

The Gemara answers: Shmuel could have said to you that it is a dispute between tanna’im, as it is taught in a baraita: If the creditor said to the debtor: I lent the money to you in the presence of witnesses and therefore you must repay me in the presence of witnesses, the debtor must either give him the money or bring proof that he already gave it to him. Rabbi Yehuda ben Beteira says that he can say to him: I repaid you in the presence of so-and-so and so-and-so, and they subsequently went overseas.

Rav Aḥa refutes this answer: From where is it derived that the baraita is referring to a case where the creditor said this at the time of the loan? Perhaps it is referring to a case where he made no stipulation at the time of the loan, but rather said this at the time of the claim, when the debtor claimed that he had repaid the debt; and this is what he says to him: Didn’t I lend the money you in the presence of witnesses? You should have repaid me in the presence of witnesses. But if he made this stipulation at the time of the loan, all agree that the debtor is liable. Therefore, there is no evidence that Rabbi Yehuda ben Beteira agrees with the opinion of Shmuel.

In conclusion, Rav Pappi says in the name of Rava: The halakha is that if one lends money to another in the presence of witnesses, the latter is required to repay him in the presence of witnesses. And Rav Pappa says in the name of Rava: In the case of one who lends money to another in the presence of witnesses, the latter is not required to repay him in the presence of witnesses. But if the creditor says: Repay me only in the presence of witnesses, the debtor is required to repay him in the presence of witnesses. And if he said to him: I repaid you in the presence of so-and-so and so-and-so, and they went overseas, his claim is deemed credible.

§ The Gemara cites several incidents involving loans and witnesses, and provides a mnemonic device for them: Reuven and Shimon, who learned halakha, borrowed, and repaid so-and-so and so-and-so gallnuts for a different debt, deeming them credible like two witnesses.

The Gemara relates: There was a certain creditor who said to the debtor: When you repay me, repay me in the presence of Reuven and Shimon. The debtor went and repaid him in the presence of two other witnesses from the general public. When the case was brought before the Sages, Abaye said: The creditor said to the debtor to repay him in the presence of two people who would serve as witnesses, and he repaid him in the presence of two people. Therefore, the creditor has no further claim. Rava said to him: It is for this reason that the creditor said to him to repay him in the presence of Reuven and Shimon: So that he will not be able to dismiss him by saying that he repaid him in the presence of other witnesses.

The Gemara relates: There was a certain creditor who said to the debtor: When you repay me, repay me in the presence of two people who have learned halakha. The debtor went and repaid him between the two of them, i.e., in the absence of witnesses. Those dinars were subsequently taken from the creditor due to circumstances beyond his control.

The creditor came before Rav Naḥman for judgment, and said to him: Yes, I received the money from him; but since he did not repay me as stipulated, I accepted it only as a deposit. I accepted it as an unpaid bailee, not as payment, and said to myself: Let it be with me as a deposit until two people who have learned halakha happen to arrive, and the debtor will fulfill his condition. Since the money was taken from me due to circumstances beyond my control, and I had it in my possession only as an unpaid bailee, I am not responsible for it, and the debtor is still liable to repay me.

Rav Naḥman said to him: Since you admit that you certainly took the money from him, it is a proper repayment. If you say that the debtor is still required to fulfill his condition, go bring the money now, as Rav Sheshet and I have learned halakha, and Sifra, and Sifrei, and Tosefta, and the entire Talmud. Let him give you the money in our presence, and the condition will thereby be fulfilled. Since he gave you the money intending to repay the debt, and did not agree to entrust it to you as an unpaid bailee, your claim is not valid.

The Gemara relates: There was a certain person who said to another: Give me the hundred dinars that I lent you. The latter said to him: This matter never happened; you did not lend me money. The creditor went and brought witnesses who testified that he lent the money to him and that the debtor had repaid him. Abaye said: What is there for the court to do in this case? The same witnesses said both statements; they said that the creditor lent him the money, and they also said that the debtor repaid him. Rava said: Anyone who says: I did not borrow, is considered like one who says: I did not repay. Since there is testimony that he borrowed the money, and he admits that he did not repay it, he is liable to repay the debt.

The Gemara relates: There was a certain person who said to another: Give me the hundred dinars that I claim from you. The latter said to him: Didn’t I repay you in the presence of so-and-so and so-and-so? The two people he mentioned, so-and-so and so-and-so, came and said: This matter never happened. Rav Sheshet thought to say that based on the testimony of the witnesses, the debtor assumes the presumptive status of one who falsely denies his debts; his claim that he repaid the debt is no longer accepted, and he is liable to pay. Rava said to him: Anything that is not incumbent upon a person is not on his mind, i.e., he is apt to forget it.

The Gemara relates: There was a certain person who said to another: Give me the six hundred dinars that I claim from you. The latter said to him: But didn’t I repay you with one hundred kav

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Shevuot 41b examines whether a debtor must repay in front of witnesses, contrasting Rav Asi and Shmuel's views on loans made with or without witnesses.