Talmud Bavli
Talmud Bavli

Commentary for Bava Batra 345:23

<big><strong>מתני׳</strong></big> המלוה את חבירו על ידי ערב לא יפרע מן הערב

[should one say to another],' My field is sold to you', his larger field [would be deemed to have been] sold to him, [but if he said,] 'The field that I have is sold to you', all his fields<span class="x" onmousemove="('comment',' 'Field', like 'debt', in Raba's statement, being regarded as a collective noun, implying all one's fields. ');"><sup>66</sup></span> [would then be deemed] sold! — There,<span class="x" onmousemove="('comment',' The case of sale and purchase. ');"><sup>67</sup></span> the holder of the deed is at a disadvantage.<span class="x" onmousemove="('comment',' Lit., 'the hand of the owner of the deed is upon the lowest'. He seeks to deprive the owner of property in the possession of which he is confirmed. Hence he must produce convincing proof. In the case of a debt, however, the claimant is the creditor, while the debtor is the confirmed possessor of the sum claimed. Hence the advantage is on the side of the latter. ');"><sup>68</sup></span> <b><i>MISHNAH</i></b>. IF A MAN LENDS MONEY TO ANOTHER ON A GUARANTOR'S SECURITY,<span class="x" onmousemove="('comment',' Lit., 'by the hands of a guarantor'. ');"><sup>69</sup></span> HE MUST NOT EXACT PAYMENT FROM THE GUARANTOR.<span class="x" onmousemove="('comment',' Before the debtor was sued and, the court having ordered him to pay, was found unable to meet his obligation. ');"><sup>70</sup></span>

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