Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 350:3

מעשה ובא לפני ר' ישמעאל ואמר גובה מנכסים בני חורין אמר לו בן ננס אינו גובה לא מנכסים משועבדים ולא מנכסים בני חורין

BELOW THE SIGNATURES TO BONDS OF INDEBTEDNESS, [THE CREDITOR] MAY RECOVER [HIS DEBT] FROM [THE GUARANTOR'S] FREE PROPERTY.<span class="x" onmousemove="('comment',' But not from property he sold. Since the signatures of the witnesses do not appear below the guarantee, the guarantor's undertaking can have no more force than a verbal promise, or a loan that has not been secured by a bond, in which case no mortgaged property is pledged to the creditor. ');"><sup>5</sup></span> SUCH A CASE ONCE CAME BEFORE R. ISHMAEL, WHO DECIDED THAT [THE DEBT MAY] BE RECOVERED FROM [THE GUARANTOR'S] FREE PROPERTY. BEN NANNUS [HOWEVER] SAID TO HIM, '[THE DEBT MAY] BE REPLIED NEITHER FROM SOLD PROPERTY NOR FROM FREE PROPERTY.' 'WHY?' THE OTHER ASKED HIM. BEHOLD', HE REPLIED TO HIM, 'THIS IS JUST AS IF A CREDITOR] WERE [IN THE ACT (IF] THROTTLING A DEBTOR<span class="x" onmousemove="('comment',' Lit., 'one'. ');"><sup>6</sup></span>

Teshuvot Maharam

Rabbi Dan's report in my name is correct, that when one person gives goods to another in order that the latter trade therewith and the former share in the profits, half of the value of such goods is considered a loan (the other half is considered a deposit), even to the extent that a Sabbatical year effects its cancellation. I always consider it a loan in every respect. The law that such half be considered a loan is stated in the Talmud without qualification (B. M. 104b). The stipulations of Raba are specific; they do not go beyond those mentioned by Raba.
R. Meir adds: Your requests, Rabbi Samuel and Rabbi Dan, that I forgive Rabbi Hananiah for his insults to me are granted. I fully absolve him of guilt.
SOURCES: P. 304; Pr. 973; Tesh. Maim. to Mishpatim, 12; Mord. B. M. 390.
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Teshuvot Maharam

Rabbi Dan's report in my name is correct, that when one person gives goods to another in order that the latter trade therewith and the former share in the profits, half of the value of such goods is considered a loan (the other half is considered a deposit), even to the extent that a Sabbatical year effects its cancellation. I always consider it a loan in every respect. The law that such half be considered a loan is stated in the Talmud without qualification (B. M. 104b). The stipulations of Raba are specific; they do not go beyond those mentioned by Raba.
R. Meir adds: Your requests, Rabbi Samuel and Rabbi Dan, that I forgive Rabbi Hananiah for his insults to me are granted. I fully absolve him of guilt.
SOURCES: P. 304; Pr. 973; Tesh. Maim. to Mishpatim, 12; Mord. B. M. 390.
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