Reference for Bava Batra 351:17
אמר רב יהודה אמר שמואל חנוק וקנו מידו משתעבד מכלל דערב בעלמא לא בעי קנין ופליגא דרב נחמן דאמר רב נחמן
'and so said R. Johanan'.<span class="x" onmousemove="('comment',' R. Johanan does not differ from, but agrees with Rab. ');"><sup>32</sup></span> SUCH A CASE ONCE CAME BEFORE R. ISHMAEL etc. Said Rabbah b. Bar Hana in the name of R. Johanan: Although R. Ishmael praised Ben Nannus,<span class="x" onmousemove="('comment',' Later in the Mishnah. ');"><sup>33</sup></span> the <i>halachah</i> is in accordance with his<span class="x" onmousemove="('comment',' R. Ishmael's; that free property may be seized. ');"><sup>34</sup></span> [own view]. A question was raised: What is R. Ishmael's view<span class="x" onmousemove="('comment',' Lit., 'what to me said etc.'. ');"><sup>35</sup></span> in [the case of] 'throttling'?<span class="x" onmousemove="('comment',' The case cited by Ben Nannus in our Mishnah where the guarantee was made after the loan was granted for the purpose of saving the debtor from the creditor's power. ');"><sup>36</sup></span> — Come and hear that which R. Jacob said in the name of R. Johanan: R. Ishmael differed in [the case of] 'throttling' also. [Is the] <i>halachah</i> in accordance with his view or is the <i>halachah</i> [in this case] not in accordance with his view? — Come and hear: When Rabin came<span class="x" onmousemove="('comment',' from Palestine to Babylon. ');"><sup>37</sup></span> he stated in the name of R. Johanan: R. Ishmael differed in [the case of] 'throttling' also; and the <i>halachah</i> is in accordance with his view in [the case of] 'throttling' also. Rab Judah said in the name of Samuel; [A guarantor, even in a case of] 'throttling', who was made to enter into a legal obligation,<span class="x" onmousemove="('comment',' Lit., 'and they (witnesses) acquired from him', by means of a kinyan (v. Glos.). ');"><sup>38</sup></span> assumes responsibility [for the payment of the debt], [from this] it is to be inferred<span class="x" onmousemove="('comment',' Since a kinyan is specifically postulated in this case. ');"><sup>39</sup></span> that a guarantor generally<span class="x" onmousemove="('comment',' Lit., 'in the world'. ');"><sup>40</sup></span> does not require a <i>kinyan</i>.<span class="x" onmousemove="('comment',' He assumes responsibility though no kinyan had been effected. ');"><sup>41</sup></span> And [this is] in disagreement with [the statement] of R. Nahman. for R. Nahman said: