guarantor

These are the one who transgress a negative commandment: the lender, the borrower, the guarantor, and the witnesses. And the Sages say, “The scribe also.” They transgress the commandment, “You will not give him your money upon interest” (Leviticus 25:37), and “You shall not take usury from him” (Leviticus 25:36) and “You shall not be to him as a creditor” (Exodus 22:24), and “Nor shall you place upon him usury” (ibid.) and “You shall not put a stumbling block before the blind, and you will fear your God, I am the Lord” (Leviticus 19:14).

If there were two brothers, one poor and one rich, and their father left them a bath house or an olive press, if the father had made them for hire, the profit is split equally. But if he made them for his own use alone, the rich brother may say to the poor brother, “Buy for yourself slaves and they can wash in the bath house” or “Buy for yourself olives and prepare them in the olive press.” If there were two in the same town, and one’s name was Joseph the son of Shimon and other’s name was Joseph the son of Shimon, neither can bring forth a debt document on the other, and another person cannot bring forth a debt document against them. And if some person finds amongst his documents a document that states, “The [debt] document of Joseph ben Shimon is paid”, both of their [debt] documents are paid. What should they do? They should write their names to the third generation. And if the names are the same through the third generation, they should give themselves a sign. And if their signs are the same, they should write “Cohen”. If a man said to his son, “One of my debt documents is paid and I do not know which one”, then all are deemed to be paid. If two documents were found [amongst his documents] written to the same debtor, then the large one is paid and the small one is not paid. If a man lent money to his fellow on a guarantor’s security, he may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish”, then he may exact payment from the guarantor. Rabban Shimon ben Gamaliel says: “If the borrower had property, in neither case can he exact payment from the guarantor.” Moreover, Rabban Shimon ben Gamaliel used to say: “If a man was a guarantor for a woman’s ketubah and her husband divorced her, the husband must vow to derive no further benefit from her, lest he make a conspiracy against the property of the guarantor and take his wife back again.”

If there were two brothers, one poor and one rich, and their father left them a bath house or an olive press, if the father had made them for hire, the profit is split equally. But if he made them for his own use alone, the rich brother may say to the poor brother, “Buy for yourself slaves and they can wash in the bath house” or “Buy for yourself olives and prepare them in the olive press.” If there were two in the same town, and one’s name was Joseph the son of Shimon and other’s name was Joseph the son of Shimon, neither can bring forth a debt document on the other, and another person cannot bring forth a debt document against them. And if some person finds amongst his documents a document that states, “The [debt] document of Joseph ben Shimon is paid”, both of their [debt] documents are paid. What should they do? They should write their names to the third generation. And if the names are the same through the third generation, they should give themselves a sign. And if their signs are the same, they should write “Cohen”. If a man said to his son, “One of my debt documents is paid and I do not know which one”, then all are deemed to be paid. If two documents were found [amongst his documents] written to the same debtor, then the large one is paid and the small one is not paid. If a man lent money to his fellow on a guarantor’s security, he may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish”, then he may exact payment from the guarantor. Rabban Shimon ben Gamaliel says: “If the borrower had property, in neither case can he exact payment from the guarantor.” Moreover, Rabban Shimon ben Gamaliel used to say: “If a man was a guarantor for a woman’s ketubah and her husband divorced her, the husband must vow to derive no further benefit from her, lest he make a conspiracy against the property of the guarantor and take his wife back again.”

If there were two brothers, one poor and one rich, and their father left them a bath house or an olive press, if the father had made them for hire, the profit is split equally. But if he made them for his own use alone, the rich brother may say to the poor brother, “Buy for yourself slaves and they can wash in the bath house” or “Buy for yourself olives and prepare them in the olive press.” If there were two in the same town, and one’s name was Joseph the son of Shimon and other’s name was Joseph the son of Shimon, neither can bring forth a debt document on the other, and another person cannot bring forth a debt document against them. And if some person finds amongst his documents a document that states, “The [debt] document of Joseph ben Shimon is paid”, both of their [debt] documents are paid. What should they do? They should write their names to the third generation. And if the names are the same through the third generation, they should give themselves a sign. And if their signs are the same, they should write “Cohen”. If a man said to his son, “One of my debt documents is paid and I do not know which one”, then all are deemed to be paid. If two documents were found [amongst his documents] written to the same debtor, then the large one is paid and the small one is not paid. If a man lent money to his fellow on a guarantor’s security, he may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish”, then he may exact payment from the guarantor. Rabban Shimon ben Gamaliel says: “If the borrower had property, in neither case can he exact payment from the guarantor.” Moreover, Rabban Shimon ben Gamaliel used to say: “If a man was a guarantor for a woman’s ketubah and her husband divorced her, the husband must vow to derive no further benefit from her, lest he make a conspiracy against the property of the guarantor and take his wife back again.”

If there were two brothers, one poor and one rich, and their father left them a bath house or an olive press, if the father had made them for hire, the profit is split equally. But if he made them for his own use alone, the rich brother may say to the poor brother, “Buy for yourself slaves and they can wash in the bath house” or “Buy for yourself olives and prepare them in the olive press.” If there were two in the same town, and one’s name was Joseph the son of Shimon and other’s name was Joseph the son of Shimon, neither can bring forth a debt document on the other, and another person cannot bring forth a debt document against them. And if some person finds amongst his documents a document that states, “The [debt] document of Joseph ben Shimon is paid”, both of their [debt] documents are paid. What should they do? They should write their names to the third generation. And if the names are the same through the third generation, they should give themselves a sign. And if their signs are the same, they should write “Cohen”. If a man said to his son, “One of my debt documents is paid and I do not know which one”, then all are deemed to be paid. If two documents were found [amongst his documents] written to the same debtor, then the large one is paid and the small one is not paid. If a man lent money to his fellow on a guarantor’s security, he may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish”, then he may exact payment from the guarantor. Rabban Shimon ben Gamaliel says: “If the borrower had property, in neither case can he exact payment from the guarantor.” Moreover, Rabban Shimon ben Gamaliel used to say: “If a man was a guarantor for a woman’s ketubah and her husband divorced her, the husband must vow to derive no further benefit from her, lest he make a conspiracy against the property of the guarantor and take his wife back again.”

If there were two brothers, one poor and one rich, and their father left them a bath house or an olive press, if the father had made them for hire, the profit is split equally. But if he made them for his own use alone, the rich brother may say to the poor brother, “Buy for yourself slaves and they can wash in the bath house” or “Buy for yourself olives and prepare them in the olive press.” If there were two in the same town, and one’s name was Joseph the son of Shimon and other’s name was Joseph the son of Shimon, neither can bring forth a debt document on the other, and another person cannot bring forth a debt document against them. And if some person finds amongst his documents a document that states, “The [debt] document of Joseph ben Shimon is paid”, both of their [debt] documents are paid. What should they do? They should write their names to the third generation. And if the names are the same through the third generation, they should give themselves a sign. And if their signs are the same, they should write “Cohen”. If a man said to his son, “One of my debt documents is paid and I do not know which one”, then all are deemed to be paid. If two documents were found [amongst his documents] written to the same debtor, then the large one is paid and the small one is not paid. If a man lent money to his fellow on a guarantor’s security, he may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish”, then he may exact payment from the guarantor. Rabban Shimon ben Gamaliel says: “If the borrower had property, in neither case can he exact payment from the guarantor.” Moreover, Rabban Shimon ben Gamaliel used to say: “If a man was a guarantor for a woman’s ketubah and her husband divorced her, the husband must vow to derive no further benefit from her, lest he make a conspiracy against the property of the guarantor and take his wife back again.”

If there were two brothers, one poor and one rich, and their father left them a bath house or an olive press, if the father had made them for hire, the profit is split equally. But if he made them for his own use alone, the rich brother may say to the poor brother, “Buy for yourself slaves and they can wash in the bath house” or “Buy for yourself olives and prepare them in the olive press.” If there were two in the same town, and one’s name was Joseph the son of Shimon and other’s name was Joseph the son of Shimon, neither can bring forth a debt document on the other, and another person cannot bring forth a debt document against them. And if some person finds amongst his documents a document that states, “The [debt] document of Joseph ben Shimon is paid”, both of their [debt] documents are paid. What should they do? They should write their names to the third generation. And if the names are the same through the third generation, they should give themselves a sign. And if their signs are the same, they should write “Cohen”. If a man said to his son, “One of my debt documents is paid and I do not know which one”, then all are deemed to be paid. If two documents were found [amongst his documents] written to the same debtor, then the large one is paid and the small one is not paid. If a man lent money to his fellow on a guarantor’s security, he may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish”, then he may exact payment from the guarantor. Rabban Shimon ben Gamaliel says: “If the borrower had property, in neither case can he exact payment from the guarantor.” Moreover, Rabban Shimon ben Gamaliel used to say: “If a man was a guarantor for a woman’s ketubah and her husband divorced her, the husband must vow to derive no further benefit from her, lest he make a conspiracy against the property of the guarantor and take his wife back again.”

If a man lent his fellow money by using a document, he may recover the debt from mortgaged property. But if he had lent only before witnesses (and not through a document), he may recover the debt only from unmortgaged property. If the [creditor] brought forth [a loan document] upon which appeared his (the debtor’s) signature as evidence that he was indebted to him, the creditor may recover the debt only from unmortgaged property. If a man signed as a guarantor after the signatures of witnesses, the creditor may recover the debt only from [the guarantor’s] unmortgaged property. Such a case came before Rabbi Yishmael and he said, “He may recover only from unmortgaged property”. Ben Nanos said to him: “He may recover the debt neither from mortgaged nor unmortgaged property.” He said to him: “Why?” He answered, “If a man seized a debtor by the throat in the street and his fellow found him and said ‘Leave him alone (and I will pay), he is not liable, since not through trust in him did the creditor lend the debtor money.” Rather which type of guarantor is liable? [If a man said], “Lend him money and I will pay thee”, he is liable, for he lent him the money through his trust in the guarantor. And Rabbi Yishmael said, “He who wants to be wise let him occupy himself with cases dealing with monetary matters, for there is no greater branch of Torah than this; for they are like a welling fountain; and he who wishes to occupy himself with laws concerning monetary matters, let him serve [as a pupil] of Shimon ben Nanos.

If a man lent his fellow money by using a document, he may recover the debt from mortgaged property. But if he had lent only before witnesses (and not through a document), he may recover the debt only from unmortgaged property. If the [creditor] brought forth [a loan document] upon which appeared his (the debtor’s) signature as evidence that he was indebted to him, the creditor may recover the debt only from unmortgaged property. If a man signed as a guarantor after the signatures of witnesses, the creditor may recover the debt only from [the guarantor’s] unmortgaged property. Such a case came before Rabbi Yishmael and he said, “He may recover only from unmortgaged property”. Ben Nanos said to him: “He may recover the debt neither from mortgaged nor unmortgaged property.” He said to him: “Why?” He answered, “If a man seized a debtor by the throat in the street and his fellow found him and said ‘Leave him alone (and I will pay), he is not liable, since not through trust in him did the creditor lend the debtor money.” Rather which type of guarantor is liable? [If a man said], “Lend him money and I will pay thee”, he is liable, for he lent him the money through his trust in the guarantor. And Rabbi Yishmael said, “He who wants to be wise let him occupy himself with cases dealing with monetary matters, for there is no greater branch of Torah than this; for they are like a welling fountain; and he who wishes to occupy himself with laws concerning monetary matters, let him serve [as a pupil] of Shimon ben Nanos.

If a man lent his fellow money by using a document, he may recover the debt from mortgaged property. But if he had lent only before witnesses (and not through a document), he may recover the debt only from unmortgaged property. If the [creditor] brought forth [a loan document] upon which appeared his (the debtor’s) signature as evidence that he was indebted to him, the creditor may recover the debt only from unmortgaged property. If a man signed as a guarantor after the signatures of witnesses, the creditor may recover the debt only from [the guarantor’s] unmortgaged property. Such a case came before Rabbi Yishmael and he said, “He may recover only from unmortgaged property”. Ben Nanos said to him: “He may recover the debt neither from mortgaged nor unmortgaged property.” He said to him: “Why?” He answered, “If a man seized a debtor by the throat in the street and his fellow found him and said ‘Leave him alone (and I will pay), he is not liable, since not through trust in him did the creditor lend the debtor money.” Rather which type of guarantor is liable? [If a man said], “Lend him money and I will pay thee”, he is liable, for he lent him the money through his trust in the guarantor. And Rabbi Yishmael said, “He who wants to be wise let him occupy himself with cases dealing with monetary matters, for there is no greater branch of Torah than this; for they are like a welling fountain; and he who wishes to occupy himself with laws concerning monetary matters, let him serve [as a pupil] of Shimon ben Nanos.

If a man lent his fellow money by using a document, he may recover the debt from mortgaged property. But if he had lent only before witnesses (and not through a document), he may recover the debt only from unmortgaged property. If the [creditor] brought forth [a loan document] upon which appeared his (the debtor’s) signature as evidence that he was indebted to him, the creditor may recover the debt only from unmortgaged property. If a man signed as a guarantor after the signatures of witnesses, the creditor may recover the debt only from [the guarantor’s] unmortgaged property. Such a case came before Rabbi Yishmael and he said, “He may recover only from unmortgaged property”. Ben Nanos said to him: “He may recover the debt neither from mortgaged nor unmortgaged property.” He said to him: “Why?” He answered, “If a man seized a debtor by the throat in the street and his fellow found him and said ‘Leave him alone (and I will pay), he is not liable, since not through trust in him did the creditor lend the debtor money.” Rather which type of guarantor is liable? [If a man said], “Lend him money and I will pay thee”, he is liable, for he lent him the money through his trust in the guarantor. And Rabbi Yishmael said, “He who wants to be wise let him occupy himself with cases dealing with monetary matters, for there is no greater branch of Torah than this; for they are like a welling fountain; and he who wishes to occupy himself with laws concerning monetary matters, let him serve [as a pupil] of Shimon ben Nanos.

[The property] of orphans which has been evaluated [must be proclaimed for] thirty days. And [the property of] the Sanctuary which has been evaluated, [for] sixty days. They must make the proclamation in the morning and in the evening. If a man dedicates his property to the Sanctuary and he is still liable for his wife’s ketubah: Rabbi Eliezer says: when he divorces her he must vow that he will not derive any further benefit from her. Rabbi Joshua says: he need not do so. Similarly, Rabban Shimon ben Gamaliel said: Also if one guarantees a woman's ketubah and her husband divorces her, the husband must vow to derive no benefit from her, lest he make a conspiracy against the property of that man [the guarantor] and take his wife back again.

Rebbi Phineas ben Yaïr went to a place where they came to him and said, rats are eating our grain. He commanded them; they assembled and started to whistle. He asked them, do you understand what they are saying? They said, no. He said to them, they say that it is not put in order. They said to him, be our guarantor. He promised and they had no further losses.

Rebbi Phineas ben Yaïr went to a place where they came to him and said, our water source is not sufficient for us. He said to them, perhaps you do not put in order? They said to him, be our guarantor. He promised them and it became sufficient for them.

When they asked Rebbi Jonathan, he said: Am I the guarantor of your life? Rebbi Yannai said, if you bit something off, you bit off soot. If you lose, you lose a pearl. Rebbi Simeon ben Laqish said, if you would sell yourself for the games, you would sell yourself at a high price; but here at a very cheap price.

Did they not already go for Elul? But to announce that the new Moon has been sanctified. Rebbi Joshua ben Levi said, I am a guarantor for those who go to Nemurin that none of them will die when going. There they were concerned about the Great Fast two days. Rav Ḥisda told them, why do you bring yourselves into this serious doubt? The presumption is that the Court will not tarry in this matter. The father of Rebbi Samuel bar Rav Isaac was concerned for himself and fasted two days. His intestine split and he died.

Does a court convene for repudiation? Was it not stated: Flee from three and cling to three. Cling to ḥalîṣah, annulling vows, and making peace. But flee from repudiations, from being a guarantor, and from receiving deposits. Rebbi Simeon bar Abba said, its name is not פקדון “deposit” but פק דון “go to court”. Rebbi Berekhiah said, “My son, if you became guanrantor for your neighbor.” Does a court convene for repudiation? Explain it that they were sitting in another matter and the case came before them.

There, we have stated: “The public sale of orphans’ property goes on for 30 days, the public sale of Temple property goes on for 30 days, and they are publicly announed mornings and evenings.” Rebbi Mana said, Rebbi Eliezer is afraid of trickery, Rebbi Joshua is not afraid of trickery. Rebbi Yose ben Rebbi Abun said, Rebbi Eliezer follows the House of Shammai and Rebbi Joshua the House of Hillel. Rebbi Eliezer follows the House of Shammai, since the House of Shammai say, a person may ask about his dedication; could he say that he does not have to vow usufruct? Rebbi Joshua follows the House of Hillel, since the House of Hillel say, a person may not ask about his dedication; could he say that he has to vow usufruct? In any case, could not a man ask about his vow of usufruct? Rebbi Joshua agrees that a guarantor must execute a vow of usufruct. What does Rebbi Joshua say about a gift? Since he gives voluntarily, he does not have to vow usufruct, or since [the recipient’s] power is small and [the donor] may change his mind, does he have to vow usufruct? Let us hear from the following: The husband of a relative of Rebbi Ḥaggai owed on a document. The creditor came and foreclosed. The case came before Rebbi Aḥa, who said, he owes a vow of usufruct. Rebbi Yose said, he does not have to vow usufruct. The colleagues said before Rebbi Aḥa [and] Rebbi Yose: Does Rebbi Aḥa say it correctly? Since if he takes her back, does not the creditor come and foreclose? Rebbi Yose said to them, she turns it into jewelry or keeps it as additions to her dowry. Rebbi Ḥaggai said, by Moses! Rebbi Yose says it correctly. It was executed following Rebbi Aḥa.

A Jew may borrow from a Gentile, and a Gentile from a Jew, and a Jew can become his guarantor without any worries about interest. If a Jew appointed a Gentile as guardian or steward, it is permitted to borrow from him on interest. But if a Gentile appointed a Jew as guardian or steward, it is prohibited to borrow from him on interest. It is forbidden to borrow on interest a Gentile’s money deposited with a Jew; it is permitted to borrow on interest a Jew’s money deposited with a Gentile. This is the principle: Anything which the Jew has to warrant is forbidden, what the Gentile has to warrant is permitted.

MISHNAH: A man may say to another, weed with me and I shall be weeding with you, hoe with me and I shall be hoeing with you, but he shall not tell him, weed with me and I shall be hoeing with you, hoe with me and I shall be weeding with you. All the dry season is one, all the wet season is not; one may not say to him, plough with me in the dry season and I shall be ploughing with you in the wet season. Rabban Gamliel says, there exists predated and postdated interest. How is this? If one indended to borrow from him and sent him [a gift] saying, so you should lend me; that is predated interest. If one had borrowed and returned the money when he sent him [a gift] saying, that is for your money which was not earning for you while it was with me; that is postdated interest. Rebbi Simeon says, there exists verbal interest. One should not say to him, you should know that X came from place Y. The following transgress prohibitions: The creditor, and the debtor, and the guarantor, and the witnesses; the Sages say, also the scribe. They transgress “do not give,” and “do not take from him,” and “do not be a creditor,” and “do not burden him with interest,” and “before a blind man do not put an obstacle; and fear your God, I am the Eternal.”

“If two people lived in the same town,” etc. “They cannot write a bond one on the other.” As one formulates, “I, X ben Y, am taking a loan from you, Z, and U is guarantor.”

MISHNAH: Somebody who gives a loan to another person with a guarantor may not request payment from the guarantor. If he said, on condition that I may request payment from whom I choose, he may ask payment from the guarantor. Rabban Simeon ben Gamliel said, if the debtor has real estate then in no case may he request payment from the guarantor.

MISHNAH: Somebody who gives a loan to another person with a guarantor may not request payment from the guarantor. If he said, on condition that I may request payment from whom I choose, he may ask payment from the guarantor. Rabban Simeon ben Gamliel said, if the debtor has real estate then in no case may he request payment from the guarantor.

MISHNAH: Somebody who gives a loan to another person with a guarantor may not request payment from the guarantor. If he said, on condition that I may request payment from whom I choose, he may ask payment from the guarantor. Rabban Simeon ben Gamliel said, if the debtor has real estate then in no case may he request payment from the guarantor.

MISHNAH: Somebody who gives a loan to another person with a guarantor may not request payment from the guarantor. If he said, on condition that I may request payment from whom I choose, he may ask payment from the guarantor. Rabban Simeon ben Gamliel said, if the debtor has real estate then in no case may he request payment from the guarantor.

HALAKHAH: “Somebody who gives a loan to another person with a guarantor,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: If the debtor has real estate. But if the debtor has no real estate, he may request payment from the guarantor. If he said, on condition that I may request payment from whom I choose, he may request payment from the guarantor.

HALAKHAH: “Somebody who gives a loan to another person with a guarantor,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: If the debtor has real estate. But if the debtor has no real estate, he may request payment from the guarantor. If he said, on condition that I may request payment from whom I choose, he may request payment from the guarantor.

HALAKHAH: “Somebody who gives a loan to another person with a guarantor,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: If the debtor has real estate. But if the debtor has no real estate, he may request payment from the guarantor. If he said, on condition that I may request payment from whom I choose, he may request payment from the guarantor.

There, they instruct that practice everywhere follows Rabban Simeon ben Gamliel except for the guarantor, Sidon, and the last proof. They say, only in the Mishnah. Rebbi Immi bar Qorḥa in the name of Rav: Why did they say, practice everywhere follows Rabban Simeon ben Gamliel? For he pronounced specific practices decided by his court.

MISHNAH: Similarly did Rabban Simeon ben Gamliel say that if a person was guarantor for a woman’s ketubah and her husband divorced her, the latter has to make a vow not to have any usufruct from her so they could not plan a partnership against that person’s property and then he would take back his wife.

HALAKHAH: “Similarly did Rabban Simeon ben Gamliel say,” etc. The father-in-law of Rebbi Ḥaggai’s daughter was guarantor for Rebbi Ḥaggai’s daughter’s ketubah. She turned out to be a spendthrift. The case came before Rebbi Aḥa, who said that he would have to make a vow not to have usufruct. Rebbi Yose said, he does not have to make a vow not to have usufruct. The colleagues said before Rebbi Yose, but if he would take her back, the creditor would come and seize it. He said, he would not take her back. But it could be transformed into movables or paraphernalia which the creditors could not seize. The case was decided following Rebbi Aḥa.

MISHNAH: Somebody who lent to another by a document collects from encumbered property, by witnesses collects from free property. If he presents a note in his own handwriting that he owes him, he collects from free property. From a guarantor who endorsed after the signature of the witnesses, one collects from free property. This case came before Rebbi Ismael who said, he collects from free property. Ben Nannas said to him, he collects neither from encumbered nor from free property. He asked, why? He answered, if one would strangle another in the market place and a third person would say, let him go, I shall pay you, he is not liable since the loan was not made on his faith. Who is the guarantor who is liable? If he told him, “lend to him and I shall pay you,” he is liable because the loan was extended on his faith. Rebbi Ismael said, anybody who wants to train to become wise should study the laws of money matters since nothing greater is there in the Torah; they are like a flowing source, and anybody wanting to study the laws of money matters should serve Simeon ben Nannas.

MISHNAH: Somebody who lent to another by a document collects from encumbered property, by witnesses collects from free property. If he presents a note in his own handwriting that he owes him, he collects from free property. From a guarantor who endorsed after the signature of the witnesses, one collects from free property. This case came before Rebbi Ismael who said, he collects from free property. Ben Nannas said to him, he collects neither from encumbered nor from free property. He asked, why? He answered, if one would strangle another in the market place and a third person would say, let him go, I shall pay you, he is not liable since the loan was not made on his faith. Who is the guarantor who is liable? If he told him, “lend to him and I shall pay you,” he is liable because the loan was extended on his faith. Rebbi Ismael said, anybody who wants to train to become wise should study the laws of money matters since nothing greater is there in the Torah; they are like a flowing source, and anybody wanting to study the laws of money matters should serve Simeon ben Nannas.

HALAKHAH: “Somebody who lent to another by a document,” etc. Rav Huna said, predating is invalid but the document is valid. But did we not state: “A predated prozbol is valid, postdated it is invalid”? That means, Rav Huna, Rebbi Eleazar, and Rebbi Simeon ben Yaqim. Rav Huna, quoted here. “Rebbi Eleazar said, it is valid even if there are no signatures of witnesses on it if only he delivered it in the presence of witnesses; and she can use it to collect from encumbered property. For the witnesses sign on the bill of divorce only for the public good.” How? If about those who denied their testimony, the denied testimony is as if nonexistent, and the document should be valid? If about those who did not deny their testimony, did not Rebbi Simeon ben Laqish say, that they considered witnesses who signed a document as if their testimony had been cross-examined in court? What about it: As one formulates, “I, X ben Y, am taking a loan from you, Z, and U is guarantor.”

Rebbi Marinus was guarantor for his daughter-in-law. They went to court before Rebbi Ḥama the father of Bat Qappara and Rebbi Hoshaia. After he had admitted he said to him, I gave. They asked the Elder Rebbi Ḥiyya; Rebbi Ḥiyya asked Rebbi: One who became liable in court cannot be trusted. What is the meaning of “he cannot be trusted”? Rebbi Abbahu in the name of Rebbi Joḥanan: If he pays on his own initiative, he is trusted when he says, I gave. But from the orders of others, he cannot be trusted. Rebbi Abun bar Cahana said, also for oaths it is the same. What is the meaning of “also for oaths it is the same”? Rebbi Abbahu in the name of Rebbi Joḥanan: If he swears on his own initiative, he is trusted when he says, I swore. But from the orders of others, he cannot be trusted.

Rebbi Yannai said, if you bit something off, you bit off soot. If you lose, you lose a pearl. If anybody asked Rebbi Jonathan he told him: Am I the guarantor of your life? Rebbi Simeon ben Laqish said, if you sold yourself for the games, you would sell yourself for an excessive price; but here for a very cheap price.

R. Mesharsheya raised a difficulty: Does not ‘Your guarantor need a guarantor ? Rather Rabbah b. Bar Hana said in the name of R. Yohanan, This refers to where the person puts his head between his knees. Rava said: There is no set amount for sleep.

R. Mesharsheya raised a difficulty: Does not ‘Your guarantor need a guarantor ? Rather Rabbah b. Bar Hana said in the name of R. Yohanan, This refers to where the person puts his head between his knees. Rava said: There is no set amount for sleep.

Illah and Tuvia were relatives of the guarantor. Rav Papa had thought to say, [They should be valid witnesses because] regarding the creditor and the borrower they are unrelated. Rab Huna brei dRav Yehushua said to Rav Papa, If the borrower doesn't have [the funds] won't the creditor go to the guarantor?

Illah and Tuvia were relatives of the guarantor. Rav Papa had thought to say, [They should be valid witnesses because] regarding the creditor and the borrower they are unrelated. Rab Huna brei dRav Yehushua said to Rav Papa, If the borrower doesn't have [the funds] won't the creditor go to the guarantor?