אסמכתא

אַסְמַכְתָּאf. (סְמַךְ) 1) support, reliance. Keth.67a אסמכתייהו אארעא הוא their reliance rests on the landed property. 2) Scriptural text used as a support for a rabbinical enactment, intimation (אסמכוה אקרא ‘they leaned their enactment against a Bible text). Ḥull.64b מדרבנן וקרא א׳ בעלמא it is actually a rabbinical law, and the Bible text (quoted) is a mere support or mnemotechnical aid. Ib. 77a; a. fr. 3) (law) Asmakhta (surety), a promise to submit to a forfeiture of pledged property (or equivalent) without having received a sufficient consideration; collateral security with the condition of forfeiture beyond the amount to be secured; e. g. A pays a portion of his indebtedness to B, leaving the bill of debt as a security in the hands of a third party, and agreeing to pay the full amount on the bill, if, at a stipulated time, he should fail to pay the due balance. B. Bath. 168a א׳ לא קניא asmakhta does not purchase, gives no title, i. e. gives the claimant no rights (because the law presumes that he who made such a promise, could not have meant it seriously but had in view only to give his transaction the character of good faith and solemnity); ibid. א׳ קניא asm. is a valid legal transfer of property. B. Mets.66a; 73b. Ned.27b; a. e.Snh.24b applied to forfeiture of stake in gambling (inasmuch as it makes the gambler an immoral person disqualified for witness or judge in court).