Bava Batra

IF, HOWEVER, HE SAID TO HIM,  'ON CONDITION THAT I MAY EXACT PAYMENT FROM WHOM I WILL', PAYMENT MAY BE EXACTED FROM THE GUARANTOR. RABBAN SIMEON B. GAMALIEL SAID: IF THE BORROWER HAS PROPERTY, PAYMENT FROM THE GUARANTOR MAY IN NEITHER CASE  BE EXACTED.  AND SO SAID RABBAN SIMEON B. GAMALIEL: WHERE [A MAN] WAS GUARANTOR FOR A WOMAN IN [RESPECT OF] HER KETHUBAH, AND HER HUSBAND DIVORCED HER, [THE HUSBAND] MUST VOW TO DERIVE NO [FURTHER] BENEFIT FROM HER. [SINCE IT IS] POSSIBLE THAT THEY MIGHT FORM A CONSPIRACY AGAINST THE PROPERTY OF THE GUARANTOR  AND THEN [THE HUSBAND] WOULD TAKE HIS WIFE BACK AGAIN. GEMARA. What is the reason?  — Both Rabbah and R. Joseph explain: [Because the guarantor can say,] 'You have entrusted me with a man;  and a man have I handed over to you'.  R. Nahman demurred: [Is not] this  the law of the Persians? — On the contrary; they [invariably] go after the guarantor!  — [This,] however, [is the objection]: [Is not this ruling  like that of] a Persian court of law [the judges of] which do not give [any] reason for their decisions?  — But, said R. Nahman, the meaning of  HE [MUST] NOT EXACT PAYMENT FROM THE GUARANTOR [is that] he [may] not demand [payment from] the guarantor first.  Thus it was also taught [elsewhere]: If [a man] lends [money] to another on a guarantor's security, [payment] shall not be demanded [from the] guarantor [in the] first instance. If, however, [the creditor] said, 'On condition that I may exact payment from whom I will' the guarantor may be called upon first. Said R. Huna: Whence [may it be deduced] that a guarantor becomes responsible [for a debt he has guaranteed]?  — For it is written, I will be surety for him; of my hand shalt thou require him.  R. Hisda demurred: [This], surely was [an unconditional] assumption [of obligation],  for it is written, Deliver him into my hand,  and I will bring him back to thee!  — But, said R. Isaac: [It  may be deduced] from the following: Take his garment that is surety,  for a stranger; and hold him in pledge that is surety for an alien woman.  Furthermore, it is said, My son, if thou art become surety for thy neighbour,  if thou hast struck thy hands for a stranger,  [if] thou art snared by the words of thy mouth,  thou art caught by the words of thy mouth, do this now, my son, and deliver thyself, seeing that thou art come into the hand of thy neighbour; go, humble thyself, and urge thy neighbour.  If he has [a claim of] money upon you,  open out  for him the palm of [your] hand;  and if not,  get at him through many friends. Amemar said: [The question] whether a guarantor is responsible  [for the payment of the debt he guaranteed, is a matter of] dispute [between] R. Judah and R. Jose. According to R. Jose. who said, 'asmakta  conveys title,'  a guarantor is responsible. According to R. Judah, [however], who said 'asmakta gives no title', the guarantor Is not responsible.  Said R. Ashi to Amemar: Surely, it is the regular practice  [of the courts to rule] that asmakta gives no title,  and [yet that] a guarantor is held responsible! — But, said R. Ashi having regard to the pleasure of being trusted [by the creditor] he determines to undertake the responsibility. IF, HOWEVER, HE SAID, 'ON THE CONDITION THAT  MAY EXACT PAYMENT FROM WHOM  WILL' etc. Rabbah b. Bar Hana said in the name of R. Johanan: This applies only in the case  where the debtor has no property,  but where the debtor has property no payment may be exacted from the guarantor. Since, however, it is stated in the final clause: RABBAN SIMEON B. GAMALIEL SAID: IF THE BORROWER HAS PROPERTY, PAYMENT FROM THE GUARANTOR MAY IN NEITHER CASE BE EXACTED,  one might infer that in the opinion of the first Tanna there is no difference whether he had or had not  [any property]!  — There is a lacuna [in our Mishnah].and the proper reading is as follows:  IF [A MAN] LENDS [MONEY] TO ANOTHER ON A GUARANTOR'S SECURITY HE [MUST] NOT EXACT PAYMENT FROM THE GUARANTOR. IF, HOWEVER, HE SAID 'ON THE CONDITION THAT I MAY EXACT PAYMENT FROM WHOM I WILL', PAYMENT MAY BE EXACTED FROM THE GUARANTOR. This law applies only to the case  where the debtor has no property, but where the debtor has property, payment from the guarantor may not be exacted. And [in the case of] a kabbelan,  even though the debtor has property, payment may be exacted from the kabbelan.