Bava Metzia 13: Finding a Promissory Note: Should it be Returned?

Today's daf begins a long discussion of a mishna introduce in daf 12.  It teaches about what should be done when the found object is a promissory note.  Rabbi Meir says:

• if the promissory note includes a property guarantee for the loan, it cannot be returned to the creditor because the note would be used by the court to collect the loan from the debtor even if the land in question had been resold years later.
• if the promissory note does not include a property guarantee, it can be returned to the creditor because the court will not use the note inappropriately

However, the rabbis say that whether or not there is a property guarantee for the loan included in the found promissory note, the note should not be returned to the creditor.  They worry that the note would be used by the court to collect repayment of the loan from whomever had purchased the debtor's land.  

The Gemara examines the halachot pertaining to contracts.  The rabbis consider a number of issues including:

• the timing of the loan - the loan might have been written in Tishrei but not enacted until Nissan
• whether or not the promissory note was a deed of transfer
• if all witnesses, the borrower and the lender were present while the note was written
• what to do when a person does not admit to his/her debt
• whether the note was forged or is otherwise worth only enough to cover a person's flask
• whether collusion might be suspected between the debtor and the creditor

This material is more difficult for me to study, as it focuses on concepts that are less familiar.  However, as I peek forward at the next few dapim, I can guess that I will continue to learn more about the considerations that surround these transactions.