When a lender seeks to collect from heirs, when does he NOT need to take an oath?
If the loan had a fixed due date and the lender collects exactly on that date, he may collect without taking an oath. Once the due date has passed, he must swear.
Question 2
What happens when a borrower claims a verified promissory note is forged?
The Rambam rules that claims like 'the note is forged' or 'given on faith' do not suffice to invalidate a verified note. The borrower must pay, then pursue his claim. One cannot unilaterally nullify a verified document.
Question 3
If a promissory note was paid and the lender then re-lent the same money, what is the status of the original note?
Once a note is paid, its lien is released. It is legally equivalent to a pottery shard. It cannot be reused for a subsequent loan — a new note must be written.
Question 4
A promissory note is signed by only one witness and the borrower claims he paid. What is the outcome?
A note with one witness creates a Scriptural oath obligation for the defendant. Since the borrower claims payment but the one witness supports the note, the borrower is considered obligated to swear but unable to do so — and must therefore pay.
Question 5
What must a lender do before demanding a shvuat hesset when the borrower suspects him of holding a promissory note?
The Geonim enacted that if the borrower raises suspicion that a note exists, the lender must formally nullify any notes before requiring an oral oath. This prevents double-collecting on the same debt.