שולחן ערוך חושן משפט · סימן מ״ח

English

That We Write the Outline of Documents, 1 Seif: If a scribe desires to write outlines of documents so that they will be accessible to him, he may do so. He can write everything that is contained in the document: the names of the borrower and lender and the description of the money. He must leave the place for the date blank so that the document will not be predated. With respect to a document that was written for one loan and was paid back, however, one cannot re-borrow with it even if it was all on the same day and was therefore not predated because once the lien is waived one cannot re-borrow with the document. If the borrower paid back a portion of the loan, he cannot use the same document to re-borrow that portion because that lien on that portion was already waived. RAMA: There are those that say that concept of the lien being waived only applies for the original kinyan. Thus, if the borrower made a second kinyan, he may re-borrow with the document. (Mordechai, Perek 'Kol HaGet') This applies even if they did not actually make a kinyan but the borrower simply gave the document to the lender in front of witnesses according to the view that the witnesses of transfer are primary even with respect to ordinary documents. (Mordechai Perek 'HaKotev') (See later Siman 51.