|
SteinsaltzIt is only a guarantor who undertakes a loan guarantee in the presence of a court who does not require an act of acquisition; this indicates that generally, a guarantor requires an act of acquisition in order to be obligated to pay. The Gemara concludes: And the halakha is that a guarantor who accepts responsibility for the loan at the time of the giving of the money does not require an act of acquisition; but if he accepts responsibility after the giving of the money, he requires an act of acquisition. Moreover, a guarantor who undertakes a loan guarantee in the presence of a court does not require an act of acquisition, as in return for that gratification that he experiences in that the court trusts him, he resolves to obligate himself. Talmud - Bavli - The William Davidson digital edition of the Koren No=C3=A9 Talmud
with commentary by Rabbi Adin Steinsaltz Even-Israel (CC-BY-NC 4.0)
|