Translation:Shulchan Aruch/Choshen Mishpat/83

Paragraph 1- If the lender admits that he accepted the amount stated in the document but says that he accepted it for an oral loan he had against the borrower and the borrower does not admit to that loan, the law is explained in Siman 58.

Paragraph 2- If the borrower admits to both loans and the deadline for both loans had passed and the borrower gave a maneh without specifying and the lender says he wants to consider it as payment for the loan that he does not have that much power on and he has more power on the other loan, such as where the borrower has a co-signer, and the borrower wants to consider it as payment for the loan that he has a cosigner on because that is the loan he intended to repay, we would not listen to him. Even if the borrower were to explicitly say he is only paying back such and such loan and the lender says he will only accept payment for the other loan, the lender is in the right. Even if the lender was silent when he accepted the payment, he can subsequently say that the reason he was silent was so that the borrower would give me the money and I only accepted it as payment for the other loan. Similarly, if the borrower sent money for others with the lender and the lender accepted the money in silence, the lender can subsequently say I accepted the money for myself and the reason I was quiet was only so that the borrower would give me the money.

Paragraph 3- If the borrower says I gave you the money as payment for such and such debt where so and so cosigned and the lender says I accepted the money as payment for such and such debt which had no cosigner and the loan which the borrower says he repaid is an oral loan, the borrower is believed with a heses oath and the cosigner would be exempt, even if he was a kablan. If both of the debts the lender has against the borrower are documented and the borrower did not pay back with witnesses, the lender is believed with a migu that the repayment never occurred and he swears and collects. If the document contains a believability clause, the lender can collect without an oath. Even if the borrower paid back with witnesses and they testify that the borrower gave the money as repayment but they don’t know for which document, the lender is believed to say he accepted payment for the loan without a cosigner and he would swear and collect the debt from the borrower or cosigner. If the document contains a believability clause, the lender can collect without an oath.

Paragraph 4- If the lender produces a verified document and the borrower says it is a forgery or it was given on trust and the lender says the borrower’s claim is true but that he had a valid document which he misplaced, the borrower would take a heses oath and be exempt.