Responsa for Bava Kamma 227:3
אמר רב אשי האי בר ישראל דזבין ליה ארעא לעובד כוכבים אמצרא דבר ישראל חבריה משמתינן ליה מאי טעמא אי נימא משום דינא דבר מצרא והאמר מר זבין מעכו"ם וזבין לעכו"ם ליכא משום דינא דבר מצרא
we raised the question of a prominent man who would be trusted by them as two. [Shall we say that since] money would be adjudicated on his [sole] evidence, he therefore should not bear testimony in their courts, or perhaps since he is a prominent man he can hardly escape their notice and should consequently deliver his evidence? — This question remained undecided. R. Ashi further said: A son of Israel who sells to a heathen a field bordering on one of a fellow Israelite deserves to have a Shamta pronounced against him. For what reason? If because of the right of [pre-emption enjoyed by] the nearest neighbour to the boundary,<span class="x" onmousemove="('comment',' V. B.M. 108a. ');"><sup>5</sup></span>
Teshuvot Maharam
A. If B will take an oath in support of his claims, he will be free from obligation. Should A claim that he has paid his debt to the Gentile, such claim would be of no consequence. Since A did not repay the debt in B's presence, and since his creditor was a Gentile, who has held B directly responsible for such debt, and could still have collected it from B through the courts of the land, A was still under obligation to free B from his suretyship. Therefore, B acted within his rights.
SOURCES: Cr. 294.
Teshuvot Maharam
A. B must indemnify A for all losses he suffered through his suretyship, even if the suretyship was used as a mere pretext for extortion. This is the law throughout our kingdom and is believed to be based on an ordinance of the communities. I believe, however, that it is sound talmudic law. But, A must prove the exact amount of his loss and can not collect by merely taking an oath. Even if witnesses testify that A gave a certain sum to the burgher and told him that the money was in final settlement of his suretyship for B, A must, nevertheless, swear that the money was given for that purpose only and that the burgher refused to accept a smaller amount in settlement of his claim. Only then may he collect that sum from B. If, however, A admits that the Gentile first released him from his suretyship and then returned with threats and accusations, B is free from any obligations to A.
SOURCES: Pr. 495; Mord. B. K. 160–161; Asher, Responsa, 18, 6. Cf. ibid. 18, 7; Agudah B. K. 138; Weil, Responsa 110; Moses Minz, Responsa 44; ibid. 74b.
Teshuvot Maharam
A. If A sells his part of the house to B on condition that it be rented to A in perpetuity at one mark per annum, the sale will be legal and B will be permitted to collect the one mark per annum. If, however, B refuses to buy A's part on such terms, A may mortgage it to a Gentile.
SOURCES: Pr. 970.