Bava Batra 173B

Study Bava Batra folio 173B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

But if the creditor said to the debtor: I am lending the money on the condition that I will collect the debt from whomever I wish, i.e., either the debtor or the guarantor, he can collect the debt from the guarantor. Rabban Shimon ben Gamliel says: If the debtor has property of his own, then whethe

And so Rabban Shimon ben Gamliel would say: If there is a guarantor for a woman for her marriage contract, from whom the woman can collect payment of her marriage contract instead of collecting it from the husband, and her husband was divorcing her, the husband must take a vow prohibiting himself

Talmud: The Mishnah teaches: One who lends money to another with a guarantor cannot collect the debt from the guarantor. The Talmud at first understands that the Mishnah is ruling that a guarantor’s commitment is limited to when the debtor dies or flees. What is the reason the guarantor’s commitmen

Rav Naḥman objects to this: This is Persian law.

The Talmud interjects: On the contrary, the Persian courts go after the guarantor directly, without even attempting to collect the debt from the debtor himself. Why, then, did Rav Naḥman say that excusing the guarantor from payment is Persian law?