Bava Basra 10:5 - 10:6

והשליש את שטרו – the lender and the borrower transferred the document to the hand of a third-party for it was a trouble for them to write a receipt and they relied upon the third party.

ר' יוסי אומר יתן – for he holds that Asmakhta (i.e., a promise to submit to a forfeiture of pledged property – or equivalent – without having received a sufficient consideration) is a valid legal transfer of property (see Talmud Bava Batra 168a). A person who promises t his fellow something on the condition that he will do something for him in the future, and he relies upon his intention at the time of the condition that he would be able to fulfill it. But when the time comes, he is not able to fulfill it. This is called Asmakhta. But with regard to the Jewish legal decision, Asmakhta does not acquire/gives no title, unless he acquired it from his hand in an important Jewish court. But he caused to take hold of his merits in the same Jewish court where he transferred his documents and his proofs, and he said: “if I don’t bring it from now until thirty days, my benefits will be voided. But my teachers/Rabbis explain that every Jewish court that are specialists and know the laws of Asmakhta are called an important Jewish court in this matter. But Maimonides says that there is no important Jewish court other than a Jewish court ordained in the Land of Israel.

מי שנמחק שטרו – and there were witnesses who saw when it was blotted out on its own, or smudged by water.

מעמיד עליו עדים – that know from when it was written and what was written in it, and they make for him an attestation before a Jewish court and they write for him everything that had been written in that document.

יחליף – he should tear the document and write another according to the remaining balance.

נמצא זה – the borrower needs to guard his receipt from the mice, for if he loses it, the creditor will collect all of his liability.

אמר רבי יוסי וכן יפה לו – to the creditor, for the borrower must guard his receipt and hurry to pay him back, and no harm will come to the creditor to write another document that had an advanced time for the liability [to be paid off] and that he returns now and he would not be able to seize the sold property unlawfully other than from the time of the second document. And the Halakha is according to Rabbi Yosi that we write a receipt.