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BAVA BASRA 174
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SUMMARY

1. Our Mishnah is one of three places in Mishnayos where Raban Shimon ben Gamliel is mentioned, but we do not rule according to his opinion.
 
2. The Gemara distinguishes between an ordinary guarantor and a "Kablan" guarantor.
 
3. Rav Chanin made a lender leave the possessions of a borrower alone until due process to collect the loan was finished.
 
4. If a person dedicated his possessions to Hekdesh but stated that one Manah is owed to someone, he is believed.
 
5. If a dying person said that he owes someone money, it should not be given unless he specifically says to give it.

A BIT MORE

1. The case of our Mishnah is Raban Shimon's statement that one always collects from a borrower first, even when a condition is made that one may collect from the guarantor first if he wishes.
 
2. A "Kablan" guarantor is one who declares to the lender, "Give him the money, and I will pay back/be obligated." Such a guarantor has an obligation to pay back the lender, and, therefore, the lender may collect from him almost immediately, since he lent the money based on the guarantor's statement that he will take responsibility for repayment.
 
3. Rav Chanin explained that the possessions of a person are likened to an ordinary guarantor, from whose property the lender may collect only after all attempts to collect from the borrower himself have failed.
 
4. The Gemara concludes that this applies only if the lender produces a document to this effect. Otherwise, we presume that he is conspiring to keep one Manah away from Hekdesh.
 
5. He might be lying when he says that he owes money, in order that people not think that he is wealthy. Therefore, unless he explicitly instructs that the money should be given, we do not give it.

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