A lender's heir demands payment. The borrower asks for an oath. What must the heir swear?
The heir cannot personally know about repayment, so he swears about what he can know: whether his father left any indication the debt was discharged — via intermediary, verbal instruction, or a written note among his documents.
Question 2
The borrower dies first, then the lender dies. Can the lender's heirs collect from the borrower's heirs?
When the borrower died first, the lender became obligated to swear before collecting. Since the lender then died, his heirs cannot take that oath — they cannot swear their father never received payment. Collection is impossible.
Question 3
The borrower's heirs say 'our father told us he never took this loan.' What is the legal effect?
Saying 'I never borrowed' is equivalent to 'I never paid.' There is no presumption of repayment if the loan was never admitted. The lender's heirs collect without oath.
Question 4
A promissory note does not specify where it was written and is produced in Babylonia. In what currency is payment collected?
When a note lacks a stated location, payment is collected in the currency of the place where it is produced. In Babylonia — Babylonian currency; in Eretz Yisrael — Israeli currency.
Question 5
If a court judge wrongfully required the lender's heirs to take an oath and they collected from the borrower's heirs, what happens to the collected money?
Even though the judge erred — the collection was technically invalid — the money is not expropriated from the lender's heirs. What has been done cannot be fully undone in this case.