The gemara says that the bechor has a right to take a double portion on any money that a borrower owes to the father on which the father has a shtar chov. The obvious implication is that the bechor doesn't get double in any debt that is owed to the father for which the father doesn't have a contract. The distinction is that we consider the father to be muchzak in a debt on which he has a contract, but a mi'lveh al peh is only considered ra'uy, and a bechor doesn't take double it what is ra'uy. But, why is a mil'veh b'shtar considered muchzak and a mi'lveh al peh considered ra'uy?
The Rashbam says that when the father has a contract he is considered muchzak in the money because the actual shtar is considered the "guf" and the money that is collected with it is considered the "sh'vach" that comes automatically. This would be based on the the opinion of Rebbi who says that any sh'vach that comes automatically a bechor gets double in. Based on this, it should be obvious that a mi'lveh al peh isn't considered muchzak because we consider the money collected to be sh'vach, and there is no object on which the sh'vach can accrue automatically. Therefore, even if the father was 100% confident in being able to collect the money through witnesses, without a shtar it would be considered just ra'uy and a bechor doesn't get double. But, the Rashbam doesn't say this. Rather the Rashbam explains that a mil'veh al peh is considered ra'uy because the borrower can claim to have repayed it and the lender isn't confident in his ability to collect. Why does the Rashbam need to say this, even if he could absolutely collect, the absence of a shtar makes it only ra'uy?
R' Elchonon Wasserman suggests that any debt which the father was absolutely confident about collecting, even in the absence of a shtar is considered muchzak, and the bechor can get double. Based on this approach, the Rashbam didn't technically have to consider it as if the sh'vach accrued on the sh'tar.
Tosafos on 124b disagrees with the Rashbam's approach that we view the money collected to be sh'vach that accrues from the shtar. According to R' Yehuda, the Rabbonon who disagree with Rebbi and hold that a bechor doesn't get double in any sh'vach would hold that he doesn't get double in a debt with a contract either. But, if the Rashbam were correct that the shtar is like the "guf", then we should give the bechor double in the guf and view the money afterward as sh'vach that accrues after the bechor already received the guf, from which he can certainly get double. Perhaps Tosafos isn't content saying that we view the money collected as sh'vach that accrues between the death of the father and the splitting of the estate, because if that would be the case then we have no understanding of the "shalchu mi'tam" who hold that according to the Rabbonon the bechor does get double in the money collected. Since the Rabbonon hold that a bechor doesn't get double in sh'vach that accrues automatically between death and the division of the estate, the bechor should also not get double in the debts collected.
Based on this, Tosafos would be forced to learn that the reason a debt with a contract is considered muchzak is because the father is absolutely certain that he will be able to collect it so it is as if the money is in his hand, whereas by a mi'lveh al peh he isn't certain that he will be able to collect.
Tosafos seems to go lishitasam. On 145b Tosafos writes that a bechor doesn't get double in "shushbinus" (the returning of gifts sent to a chasan), even if he gets double in a debt, because maybe the shushbinus will never be collected. The Maharsha asks on Tosafos why he has to say that since we say that only a debt with a contract is considered muchzak for the bechor to collect double, so "shushbinus" is at best like a debt without a contract. Therefore, even if it will definitely be payed, the bechor shouldn't collect double? The Maharsha answers that shushbinus can be collected in beis din and is more powerful that a milveh al peh. Tosafos holds that the fundamental difference between a debt with a contract and without a contract, is how sure the father is that he will be able to collect it. This seems to be li'shitasam in our gemara where Tosafos rejects the Rashbam that the technicality of having a contract is not what enables the bechor to collect double, rather it is the confidence of being able to collect.
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