Study Arakhin folio 23B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
קבלן הוה. הניחא למאן דאמר: קבלן, אף על גב דלית ליה נכסים ללוה — משתעבד, אלא למאן דאמר: אית ליה — משתעבד, לית ליה — לא משתעבד, מאי איכא למימר?
The Talmud responds: Moshe bar Atzrei was a guarantor who accepted unconditional responsibility [kablan] for the payment of the marriage contract. The Talmud objects: This works out well according to the one who says that with regard to a kablan, even though the debtor has no property at the time of the loan, nevertheless the kablan is responsible for payment. But according to the one who says that if the debtor has property then the kablan is responsible, but if he does not have property then the kablan does not agree to become responsible for the payment, what can be said? Since Rav Huna owned no property, how could payment of the marriage contract be collected from Moshe bar Atzrei?
The Talmud responds: If you wish, say that Rav Huna had property at the time that his father accepted upon himself to be a guarantor, and it became blighted. And if you wish, say instead that a father, with regard to his son, accepts responsibility upon himself even if his son owns no property.
דאיתמר: ערב דכתובה — דברי הכל לא משתעבד, קבלן דבעל חוב — דברי הכל משתעבד, ערב דבעל חוב וקבלן דכתובה — פליגי. איכא למאן דאמר: אית ליה נכסי ללוה — משתעבד, לית ליה — לא משתעבד, ואיכא למאן דאמר: אף על גב דלית ליה — משתעבד.
The Talmud cites the aforementioned dispute in detail. As it was stated: Everyone agrees that an ordinary guarantor of a marriage contract does not resolve to become responsible for paying the marriage contract. Everyone also agrees that a kablan for a creditor is responsible for paying the debtor’s debt. By contrast, with regard to an ordinary guarantor of a debt owed to a creditor and a kablan for the payment of a marriage contract, the rabbis disagree. There is one Sage who says: If the debtor or the husband has property then the guarantor becomes responsible, but if he does not have property then he does not become responsible. And there is another Sage who says: Even though the debtor or the husband does not have property, the guarantor becomes responsible for payment of the obligation.