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If one lost a document of sale, can the buyer request that a new document be written to replace the old one? If the document includes a guarantee, there is a concern that the buyer may pull out the old document later and claim land from two different properties of the buyer that were sold to others. There are two suggestions as to the details of the case in which we would be concerned for this type of deceit. The first is rejected. After explaining the details of the situation, the rabbis inferred from here that a shovar, receipt, is not written as if it were, writing a receipt could have neutralized the concern for deceit. However, this inference is rejected in two different ways.
Two very basic disagreements are discussed - is a guarantee a basic part of any sale - meaning that if it isn't written in the document does one assume that it was sold with a guarantee? Does passing on a deed of sale to another affect a kinyan - is the item acquired by the receiver, even though the name on the deed does not match that of the receiver (otiyot niknot b'mesira)?
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