I never understood this sevara please explain.
If you say you never borrowed that also means you never paid back? No. Saying I never paid back means I borrowed-just I never paid back. But I never borrowed anything that would ever result in paying back..
“But I never borrowed anything that would ever result in paying back..”
Exactly, So If I prove that you DID borrow (eg with a shtar), you cant say “Oh thats right, but I paid you”
When you said yu didint borrow, you also said you didnt pay me, or as you put it” I never borrowed anything that would ever result in paying back”
Reuven: Hey, Shimon, remember that you owe me $100 that you borrowed last month?
Shimon:: First of all, it was last week. Second, it was $50. Third, I paid it back. Fourth, I don’t know what you’re talking about.
Reminds me of the guy who goes to his lawyer
“Help i’m being sued for breaking Reuvein’s lamp that I borrowed.
Lawyer replies ” first we will prove you never borrowed it, then we will prove that it was already broken when you borrowed it, finally we will prove that when you returned it it was fixed”
i agree that I cant dispute that I didnt borrow once you produce the shtar (or eidim) but the sevara says not that you collect bc you have a shtar or eidim (bc eidim dont know if you paid-they just know you borrowed. and shtar also doesnt prove you didnt pay just bc youre holding onto the shtar) rather you collect bc I am basically saying I never paid so Im admitting..I dont see how you can take my words ” I never borrowed” and translate that to “I didnt pay you”.
youre right, I cant suddenly change my claim from I didnt borrow to I did but I paid, but to me its just as contradictory as saying I didnt borrow and then I didnt pay back what I borrowed.