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3.9.26

In a previous blog entry, I suggested that the Rabainu Nisim (the Ra’n) holds like R Yochanan in regards to eiravon (guarantee for a sale), but not in regards to mashkon (guarantee for a loan). Now I would like to suggest that this is also the opinion of the Rambam. The proof is in Laws of Sale, chapter 7, law 1, where he decided the law like R Jochanan in regards to Eiravon which goes for a sale. [That is, when a guarantee was given for a sale, it causes the sale to be valid, and the seller cannot back down. Even if the guarantee is worth less that the amount of the sale, still the seller cannot back down from any part. However, the Rambam does decide in terms of loans, the guarantee is only for its monetary worth. This we see in Laws of Loans chapter 13, law 4, and also in laws of Shemita (the sabbatical year) chapter 9, law 14.]------------------------------------------------In a previous blog entry, I suggested that הר''ן holds like ר' יוחנן in regards to עירבון (guarantee for a sale), but not in regards to משכון (guarantee for a loan). Now I would like to suggest that this is also the opinion of the רמב''ם. The proof is in הלכות מכירה פרק ז' הלכה א' where he decided the law like ר' יוחנן in regards to עירבון which goes for a sale. [That is, when a guarantee was given for a sale, it causes the sale to be valid, and the seller cannot back down. Even if the guarantee is worth less that the amount of the sale, still the seller cannot back down from any part. However, the רמב''ם does decide in terms of loans, the guarantee is only for its monetary worth. This we see in הלכות מלווה ולווה פרק י''ג הלכה ד', and also in הלכות שמיטה פרק ט' הלכה י''ד.