Bava Basra 10/7-8 & Sanhedrin 1/1

(7) There are two brothers, one poor and one wealthy, and their father left them a bath house and an olive press. If he had built them to generate income, the income goes to the estate. If he made them for private use, the wealthy [brother] may say to the poor [brother], “Get yourself some slaves and they can wash in the bath house. Get yourself some olives and prepare them in the olive press.” Two men who were in the same city, one named Yoseph the son of Shimon and other named Yoseph the son of Shimon: they may not bring forth a writ of obligation against one another, and no other person may bring forth a writ of obligation against them. And if someone finds among his documents a document that states, “Yoseph son of Shimon's debt is paid,” both of their writs are [considered as] paid. What should they do? They should provide a third [generation with their names]. And if they were [similarly named] to the third [generation], they should write a physical description. And if they were described physically [in similar ways], they should write “kohen”. [If] one says to his son, "One of the writs of obligation among my documents has already been paid and I do not know which one it is," then all are [considered to be] paid. If, [among these documents,] there are two [documents] written to the same [debtor], the large one is [considered as] paid and the small one is not [considered as] paid. One who loaned money to his fellow on a guarantor’s security may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish,” then he may exact payment from the guarantor. Rabban Shimon ben Gamliel says: If the borrower had property, [whether he made the condition] or not, he may not exact payment from the guarantor. And thus did Rabban Shimon ben Gamliel also say: If one was a guarantor for a woman’s ketubah and her husband divorced her, [the husband] must disavow any further benefit from her, lest they conspire for the property of the guarantor and he takes his wife back.

(8) One who lent his fellow money by means of a document may collect [even] from property that has been transacted to another. If [he lent money] by means of witnesses, he may collect [only] from unencumbered property. If [the lender] brought forth [a loan document] that attested to [the borrower's] debt with [only the borrower's] signature, the creditor may collect the debt only from unencumbered property. [If] a guarantor's name appears after the signatures of witnesses, the creditor may collect the debt only from [the guarantor’s] unencumbered property. A case came before Rabbi Yishmael and he said, “He may collect only from unencumbered property.” Ben Nanas said to him: “He may recover the debt neither from transacted property nor from unencumbered property.” He said to him: “Why?” He answered, “If a man choked someone in the market, and his fellow found him and said ‘Leave him alone,' he is exempt [from being a guarantor], since [the lender] did not lend [the borrower money] based upon [the guarantor's] trustworthiness. Rather, which type of guarantor is liable? 'Lend him money and I will pay you' - he is liable, for [the lender] did indeed lend [the borrower] money based [the guarantors] trustworthiness." Rabbi Yishmael said: [If] one wishes to become wise, he should occupy himself with monetary laws, for there is no corner of Torah greater than them, for they are like a flowing spring. And [if] one wishes to occupy himself with monetary laws, let him serve Shimon ben Nanas.

(1) Monetary cases [are judged] by three [judges]. [Cases of] theft and personal injury [are judged] by three [judges]. [Suits for] damages or half-damages, [crimes for which one would] pay double, or pay quadruple or quintuple, [are judged] by three [judges]. [Cases of] rape, seduction, and slander [are judged] by three [judges]- these are the words of Rabbi Meir. But the Sages say, [a case of] slander [is judged] by twenty-three [judges], because this is a capital case.