Talmud for Bava Batra 10:7

שְׁנֵי אַחִין, אֶחָד עָנִי וְאֶחָד עָשִׁיר, וְהִנִּיחַ לָהֶן אֲבִיהֶן מֶרְחָץ וּבֵית הַבַּד, עֲשָׂאָן לְשָׂכָר, הַשָּׂכָר לָאֶמְצַע. עֲשָׂאָן לְעַצְמָן, הֲרֵי הֶעָשִׁיר אוֹמֵר לֶעָנִי, קַח לְךָ עֲבָדִים וְיִרְחֲצוּ בַמֶּרְחָץ, קַח לְךָ זֵיתִים וּבֹא וַעֲשֵׂם בְּבֵית הַבָּד. שְׁנַיִם שֶׁהָיוּ בְעִיר אַחַת, שֵׁם אֶחָד יוֹסֵף בֶּן שִׁמְעוֹן וְשֵׁם אַחֵר יוֹסֵף בֶּן שִׁמְעוֹן, אֵין יְכוֹלִין לְהוֹצִיא שְׁטָר חוֹב זֶה עַל זֶה וְלֹא אַחֵר יָכוֹל לְהוֹצִיא עֲלֵיהֶן שְׁטָר חוֹב. נִמְצָא לְאֶחָד בֵּין שְׁטָרוֹתָיו שְׁטָרוֹ שֶׁל יוֹסֵף בֶּן שִׁמְעוֹן פָּרוּעַ, שְׁטָרוֹת שְׁנֵיהֶן פְּרוּעִין. כֵּיצַד יַעֲשׂוּ, יְשָׁלֵשׁוּ. וְאִם הָיוּ מְשֻׁלָּשִׁים, יִכְתְּבוּ סִימָן. וְאִם הָיוּ מְסֻמָּנִין, יִכְתְּבוּ כֹּהֵן. הָאוֹמֵר לִבְנוֹ, שְׁטָר בֵּין שְׁטָרוֹתַי פָּרוּעַ וְאֵינִי יוֹדֵעַ אֵיזֶהוּ, שְׁטָרוֹת כֻּלָּן פְּרוּעִין. נִמְצָא לְאֶחָד שָׁם שְׁנַיִם, הַגָּדוֹל פָּרוּעַ וְהַקָּטָן אֵינוֹ פָרוּעַ. הַמַּלְוֶה אֶת חֲבֵרוֹ עַל יְדֵי עָרֵב, לֹא יִפָּרַע מִן הֶעָרֵב. וְאִם אָמַר עַל מְנָת שֶׁאֶפָּרַע מִמִּי שֶׁאֶרְצֶה, יִפָּרַע מִן הֶעָרֵב. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, אִם יֵשׁ נְכָסִים לַלֹּוֶה, בֵּין כָּךְ וּבֵין כָּךְ לֹא יִפָּרַע מִן הֶעָרֵב. וְכֵן הָיָה רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, הֶעָרֵב לָאִשָּׁה בִּכְתֻבָּתָהּ וְהָיָה בַעְלָהּ מְגָרְשָׁהּ, יַדִּירֶנָּה הֲנָאָה, שֶׁמָּא יַעֲשׂוּ קְנוּנְיָא עַל נְכָסִים שֶׁל זֶה וְיַחֲזִיר אֶת אִשְׁתּוֹ:

If there were two brothers, one poor and one rich, and their father left them a bathhouse and an olive press — If he made them for profit, the profit falls between them; if he made them for personal use, the rich brother may tell the poor one: "Get yourself bondsmen and let them bathe in the bathhouse; get yourself olives, and come and press them in the olive press." [("Get yourself bondsmen": to heat the bathhouse for you. For just as our father left it, so will it be forever. And though it was taught in the first chapter that with something for which there is no law of division, one can say: "You sell me" (your share) "or I will sell you" (my share), it is different here, for the poor brother cannot say that he will buy the other's share, having nothing with which to buy it.] If there were two men in one city called "Yosef ben Shimon," they cannot issue a bill of indebtedness against each other, [for each can claim: "This bill in your hand — I returned it to you when you paid me the money that I lent you."], and another cannot issue a bill of indebtedness against them. [For each can "shunt him off" to the other.] If among one's bills there were found a paid bill of "Yosef ben Shimon," the bills of both are (accounted) paid. What can they do? (to avoid this confusion)? They "third." [i.e., they write the name of the grandfather.] And if they were "thirded"? [i.e., if their names, their fathers' names, and their grandfathers' names were the same], they write a sign, [e.g., "the one who is red-spotted," or "long," or "short."] And if they were alike in their signs, they write "Cohein" [if one were a Cohein, and the other, an Israelite.] If one says to his son: "A bill among my bills is paid, and I do not know which one," the bills of all (his debtors) are paid. If there were found for one (borrower) two (bills, from two loans that he made of him), the larger is (considered) paid, and the smaller, not paid. [For he said "one bill" among his bills, and not two.] If one lends his neighbor through a guarantor (arev), he does not exact payment from the guarantor [first] [before claiming (payment) from the borrower first and having him declared liable in beth-din, after which — if he has nothing to pay with — he exacts from the guarantor.] And if he said: "on condition that I exact payment from whom I wish," he exacts payment form the guarantor. R. Shimon b. Gamliel says: If the borrower has property, in either event, he does not exact payment from the guarantor. [Not that the first tanna says that if the borrower has property he does exact payment from the guarantor. But the Mishnah is defective, and this is what was taught: "If one lends his neighbor through a guarantor, he does not exact payment from the guarantor. And if he said: 'On condition that I exact payment from whom I wish,' he exacts payment from the guarantor. When is this so, when the borrower has no property; but if the borrower has property, he does not exact payment from the guarantor. And a kablan (one who undertakes to pay a debt for another) — Even though the borrower has property, he exacts payment from the kablan. R. Shimon b. Gamliel says: Both with a guarantor and a kablan — If the borrower has property, he does not exact payment from them." The halachah is not in accordance with R. Shimon b. Gamliel. ("arev" - a guarantor, one who says: "Give him (a loan) and I guarantee for him." "kablan": one who says: "Give him and I will give you.")] And, likewise, R. Shimon said: If one were a guarantor for a woman's kethubah, and her husband divorced her [and he had no property, and the guarantor has to pay for the kethubah], he (the husband) should vow to withhold benefit from her, lest they (the man and his wife) scheme against this one's property and he take back his wife. [He (the guarantor) should not pay for the kethubah until her husband vows to withhold benefit from her on public cognizance, a vow from which there is no release, so that he not be able to take her back. For we fear that he might have the intention of taking her back and eating from (the property she received for) her kethubah after having collected it from the guarantor. As to the halachah: The guarantor for a kethubah, does not commit himself and he is not bound to pay, even if the husband has no property. Why so? For he did a mitzvah, and caused her no loss. And if he guaranteed for the kethubah of his son, he does commit himself, a father "binding" himself for the sake of his son. And a kablan for a kethubah does commit himself (for payment), and the woman may claim it from him first, even if the husband has property — this, on condition that the husband first vows to withhold benefit from her on public cognizance.]

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