A guarantee arises from certain persons undertaking to fulfil a responsibility which is legally incumbent on another, in case he fails to do so himself; or to secure that he shall fulfil it himself. Thus, guarantees are very frequent at all times, especially in the later Babylonian period, and are of many different kinds.
Guarantees for debt
A guarantee for debt was an additional security to the creditor. Of course, the original debtor is the security that the guarantor shall not lose. A good example showing all sides is the following bond for three minas due from D to L. G and W come in and guarantee that D will pay; if not, they will. To protect themselves, they take as a pledge of D some of his people. But D paid and received back his people, so that the bond was returned to D.[701] Why D did not give his people as pledge to L direct is not clear. G and W were probably persons of greater credit and perhaps related to D. The guarantor was sometimes called on to pay. Thus G guarantees for D, is called on to pay and D repays him.[702] The guarantor was legally protected against the defaulting debtor.[703]
For appearance
A guarantee for appearance may have been only to come and pay, as when G guarantees the creditor, a temple, that D will come on a fixed date, and pay his debt; or if not, G will himself pay.[704] It may be a guarantee that a man will not go away; by which may be meant escape payment, or fail to appear for judgment. This is called a guarantee [pg 269] “for the foot of” the person thus indorsed. The “foot” is said to be in the “hand” of him who demands the guarantee. It often refers to debt. G guarantees for the foot of D, out of the hand of L. If he goes away, G will pay thirty-five GUR of dates. Here G is the mother of D.[705] So, probably on account of debt, G guarantees for the foot of D, his son-in-law, from the hand of L;[706] again, G guarantees for D to L that D will come on a certain day. G takes the responsibility for all D owes to L, and will pay if D does not come.[707] Or, G guarantees for D and E that they will not leave for another place. If they do, he will pay six minas.[708]
For a witness's appearance
But the appearance may be needed for a different purpose. G guarantees to bring a witness to Opis, and give witness against L that one who was guarantee for the foot of someone to L shall return at the right time. If the guarantee shall prove that L was paid, he is free; if not, he is bound to pay.[709]
D owed L a debt. L ceded this debt to M, but had to guarantee that D will come and pay.[710]
Joint responsibility
Solidarity is in some cases a form of guarantee. Thus two men D and E owe a debt to L. Each is taken as guarantee for the other that they will pay.[711] This is one of the commonest forms of guarantee. The debt could then be recovered in its entirety from either.