Bava Batra

RABBAN SIMEON B. GAMALIEL SAID: IF THE BORROWER HAS PROPERTY, PAYMENT MAY BE EXACTED neither from the one nor from the other. Rabbah b. Bar Hana said in the name of R. Johanan: Wherever Rabban Simeon b. Gamaliel taught in our Mishnah, the halachah is in agreement with his ruling  except [in the cases of] 'guarantor',  'zidon'  and the 'latter proof'. R. Huna said: [Should one say], 'Lend him [a sum of money] and I [shall be] guarantor'. 'Lend him and I [shall] repay [you]', 'Lend him and I [shall be] liable [for the loan]', [or] 'Lend him and I [shall] give [it back to you]' — all these are expressions of guarantee.  [If, however, one said], 'Give him [a sum of money] and I [shall be] kabbelan'.  'Give him and I shall repay [you]', 'Give him and I [shall be] liable [for the loan]', [or] 'Give him and I [shall] give [it back to you]' — all these are expressions of kabbelanuth.  The question was raised: What [is the law if one said], 'Lend him  and I [shall be] kabbelan'  [or], 'Give him and I [shall be] guarantor'?  — R. Isaac replied: The expression of guarantee [has the force of a] guarantee; the expression of kabbelanuth  I [has the force of] acceptance.  R. Hisda said: All of these are expressions of kabbelanuth, except [that] of 'Lend him [a sum of money] and I [shall be] guarantor'.  Raba said: All of these are expressions of 'guarantee', except that of 'Give him and I [shall] give [it back to you]'. Mar b. Amemar said to R. Ashi: Father said thus: [If one said,] 'Give him [a sum of money] and I [shall] give [it back to you]', the creditor has no claim whatsoever against the borrower. The law,  however, is not [so]; [for] a debtor cannot escape from the creditor unless [the guarantor] had taken [the money] with [his own] hand [from the creditor] and delivered [it to the borrower]. A certain judge once allowed a creditor to take possession  of the property of the debtor before [that] debtor had been sued. [The matter having been brought to his notice,] R. Hanin the son of R. Yeba removed him.  Said Raba: Who [would have been so] wise [as] to do such a thing if not R. Hanin the son of R. Yeba! He holds the opinion that a man's possessions are his surety, and we have learnt, IF [A MAN] LENDS [MONEY] TO ANOTHER ON A GUARANTOR'S SECURITY, HE MUST NOT EXACT PAYMENT FROM THE GUARANTOR, and this  has been established [to mean that] the guarantor may not be called upon first. A certain guarantor of orphans  once paid the creditor before the orphans were sued.  Said R. Papa: The repayment [of a verbal loan to] a creditor is a commandment, and orphans  are not subject to the performance of commandments.  But R. Huna son of R. Joshua said:  It may be assumed [that] he  deposited with him  [some] bundles [of valuables].