Study Guide Bava Metzia 13

If someone finds a promissory note in the street and it is unclear if it was paid back or not, can it be returned to the creditor?  According to Rabbi Meir, it depends on whether or not the document specified that there was property lein on the loan - if there was, the document is not returned, if there was not, it is. The rabbis disagree with Rabbi Meir and hold that in both cases, the document is not returned. There are two suggestions to explain the case of the Mishna - is it a case where the debtor agrees that the loan was not yet repaid or does the debtor claim it was repaid? First, the Gemara suggests the former and explains the position of Rabbi Meir that there may be a problem with the date of the loan written in the contract. Therefore there is a concern that land will be collected improperly from a date that may have preceded the loan. However, a contradiction is brought from a Mishna in Bava Batra where no such concern exists. Rav Asi and Abaye resolve the contradiction in different ways. Difficulties against each position are raised and resolved. In the resolution of Abaye's opinion, they assume that Abaye holds that Rabbi Meir is concerned that if there is a property lien, the creditor and debtor may conspire together to lie in order to repossess and share land that the debtor sold. As Shmuel is not concerned about a conspiracy, he must either hold like Rav Asi or perhaps he understands the case in the Mishna differently - that the debtor claims the loan was repaid. If so, the basis for Rabbi Meir's distinction is that he holds if a document does not include a property lien, it cannot be collected at all. Therefore, if there is no property lien, it can be returned to the creditor without concern of it being collected. Still, it is returned so the creditor can use the paper for other uses, i.e. to cover a jug. If it has a property lien, we trust the debtor that the loan was already paid back and it is not returned to the creditor. There is a debate among Rabbi Yochanan and Rabbi Elazar about whether Rabbi Meir and the rabbis disagree in a case where the debtor admits there is still a loan or one where the debtor denies it. They each explain according to their position the basis of the debate between Rabbi Meir and the rabbis. The Gemara introduces a braita and explains that it supports Rabbi Yochanan's position and raises one difficulty with Rabbi Eleazar's position and two with Shmuel. However, a difficulty is raised as the braita disagrees on two issues with Rabbi Elazar!