Quoting%20commentary for Bava Batra 10:8

הַמַּלְוֶה אֶת חֲבֵרוֹ בִּשְׁטָר, גּוֹבֶה מִנְּכָסִים מְשֻׁעְבָּדִים. עַל יְדֵי עֵדִים, גוֹבֶה מִנְּכָסִים בְּנֵי חוֹרִין. הוֹצִיא עָלָיו כְּתַב יָדוֹ שֶׁהוּא חַיָּב לוֹ, גּוֹבֶה מִנְּכָסִים בְּנֵי חוֹרִין. עָרֵב הַיּוֹצֵא לְאַחַר חִתּוּם שְׁטָרוֹת, גּוֹבֶה מִנְּכָסִים בְּנֵי חוֹרִין. מַעֲשֶׂה בָא לִפְנֵי רַבִּי יִשְׁמָעֵאל וְאָמַר, גּוֹבֶה מִנְּכָסִים בְּנֵי חוֹרִין. אָמַר לוֹ בֶּן נַנָּס, אֵינוֹ גוֹבֶה לֹא מִנְּכָסִים מְשֻׁעְבָּדִים וְלֹא מִנְּכָסִים בְּנֵי חוֹרִין. אָמַר לוֹ, לָמָּה. אָמַר לוֹ, הֲרֵי הַחוֹנֵק אֶת אֶחָד בַּשּׁוּק וּמְצָאוֹ חֲבֵרוֹ וְאָמַר לוֹ הַנַּח לוֹ, פָּטוּר, שֶׁלֹּא עַל אֱמוּנָתוֹ הִלְוָהוּ. אֶלָּא אֵיזֶהוּ עָרֵב שֶׁהוּא חַיָּב, הַלְוֵהוּ וַאֲנִי נוֹתֵן לְךָ, חַיָּב, שֶׁכֵּן עַל אֱמוּנָתוֹ הִלְוָהוּ. אָמַר רַבִּי יִשְׁמָעֵאל, הָרוֹצֶה שֶׁיַּחְכִּים, יַעֲסוֹק בְּדִינֵי מָמוֹנוֹת, שֶׁאֵין לְךָ מִקְצוֹעַ בַּתּוֹרָה גָּדוֹל מֵהֶן, שֶׁהֵן כְּמַעְיָן הַנּוֹבֵעַ. וְהָרוֹצֶה שֶׁיַּעֲסוֹק בְּדִינֵי מָמוֹנוֹת, יְשַׁמֵּשׁ אֶת שִׁמְעוֹן בֶּן נַנָּס:

If one lends his neighbor on a bill (of debt), he (the creditor) collects from bound property. [Even if property commitment is not included therein, he collects from bound property; for we rule that (omission of) commitment is an error of the scribe, and it is as if it were included.] (If one lends his neighbor) through witnesses, he collects from free property. If he issues a writ of indebtedness [without other witnesses], he collects from free property [and not from bound property. For since witnesses are lacking, there is no "report" (of the debt), and (prospective) buyers (of the property) have no knowledge of it to guard themselves (from buying the property)]. If a guarantor comes forth after the signing of the bill [i.e., if after the witnesses have signed the bill, he writes: "I, so and so, son of so and so, am a guarantor"], he (the creditor) collects from the [guarantor] from the free property [alone. For since the witnesses are not signed on the guarantee, it is like a verbal loan]. Once, such a case came before R. Yishmael, and he said: He collects from the free property. Ben Naness said to him: He collects neither from the bound property nor from the free property. R. Yishmael: Why? Ben Naness: If one man were choking another in the marketplace and someone came along and said: "Let him go" (and I will pay you), he is exempt (from payment) — for he (the creditor in our instance) did not lend him on his trust (in the guarantor). But who is a guarantor who is liable? If one says: "Lend him, and I will pay you," he is liable. R. Yishmael said: If one would grow wise, let him occupy himself with monetary law, for there is no department of Torah transcending that. It is like a bubbling fount. And one who would occupy himself with monetary law, let him pay attendance upon Shimon ben Naness [("Ben Naness said to him, etc.":) Ben Naness holds that every guarantor (who comes forward) after the money has been given is not a guarantor, for he (the creditor) did not lend him on (the basis of) his trust in the guarantor. And even though R. Yishmael praised Ben Naness, the halachah is in accordance with R. Yishmael. And a guarantor after the money has been given requires a kinyan (an act effecting acquisition), lacking which he does not commit himself. And before the giving of the money, he does not require a kinyan.]

Explore quoting%20commentary for Bava Batra 10:8. In-depth commentary and analysis from classical Jewish sources.