Reference for Bava Batra 347:15

ורב הונא בריה דרב יהושע אמר אימר צררי אתפסיה

Raba said: All of these are expressions of 'guarantee', except that of 'Give him and I [shall] give [it back to you]'.<span class="x" onmousemove="('comment',' Cf. loc. cit. note 10. Since the expression of 'giving' was used twice; much more so if the expressions of giving and kabbelanuth were used. ');">¹⁴</span> Mar b. Amemar said to R. Ashi: Father said thus: [If one said,] 'Give him [a sum of money] and I [shall] give [it back to you]', the creditor has no claim whatsoever against the borrower. The law,<span class="x" onmousemove="('comment',' Lit., 'it'. ');">¹⁵</span> however, is not [so]; [for] a debtor cannot escape from the creditor unless [the guarantor] had taken [the money] with [his own] hand [from the creditor] and delivered [it to the borrower]. A certain judge once allowed a creditor to take possession<span class="x" onmousemove="('comment',' Lit., 'caused him to go down'. ');">¹⁶</span> of the property of the debtor before [that] debtor had been sued. [The matter having been brought to his notice,] R. Hanin the son of R. Yeba removed him.<span class="x" onmousemove="('comment',' He re-transferred the property to the borrower. ');">¹⁷</span> Said Raba: Who [would have been so] wise [as] to do such a thing if not R. Hanin the son of R. Yeba! He holds the opinion that a man's possessions are his surety, and we have learnt, IF [A MAN] LENDS [MONEY] TO ANOTHER ON A GUARANTOR'S SECURITY, HE MUST NOT EXACT PAYMENT FROM THE GUARANTOR, and this<span class="x" onmousemove="('comment',' Lit., 'for us'. ');">¹⁸</span> has been established [to mean that] the guarantor may not be called upon first.<span class="x" onmousemove="('comment',' Similarly, in the case of seizure of property (a person's surety), the debtor must be sued first before his possessions may be approached. ');">¹⁹</span> A certain guarantor of orphans<span class="x" onmousemove="('comment',' I.e., guarantor to a loan incurred by their father. ');">²⁰</span> once paid the creditor before the orphans were sued.<span class="x" onmousemove="('comment',' And after paying he desired compensation by the orphans. [So Rashb. Cur. edd. read 'before he informed them'. Had he, that is to say, informed them first and paid on their instructions, he would have been able to recoup himself. V. Yad Ramah.] ');">²¹</span> Said R. Papa: The repayment [of a verbal loan to] a creditor is a commandment, and orphans<span class="x" onmousemove="('comment',' Minors under thirteen years of age. ');">²²</span> are not subject to the performance of commandments.<span class="x" onmousemove="('comment',' The guarantor who discharged their father's debt and has thus become, so to speak, the creditor, cannot exact payment from them. ');">²³</span> But R. Huna son of R. Joshua said:<span class="x" onmousemove="('comment',' The reason why the orphans need not refund the guarantor is not that given by R. Papa, since orphans also are subject to the performance of such a commandment as that of paying their Father's debts (cf. 'Ar. 22a). ');">²⁴</span> It may be assumed [that] he<span class="x" onmousemove="('comment',' The father of the orphans. ');">²⁵</span> deposited with him<span class="x" onmousemove="('comment',' The creditor. ');">²⁶</span> [some] bundles [of valuables].<span class="x" onmousemove="('comment',' As a security for his loan. The guarantor, consequently, should not have repaid the debt before obtaining the return of the valuables. Since he overlooked this, he has himself to blame, and there is no obligation on the part of the orphans to indemnify him. He may, however, sue them when they obtain their majority. ');">²⁷</span>

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