Ketubot 86a — the Talmud in English

Go

the daughter,

and let her cause

her mother’s ketuba

to be written off with regard to her father,

for the ketuba is nothing other than a promissory document that the woman has against her husband, and we say: even an heir can write it off.

And

after the death of her father,

she will inherit it from him.

She will inherit it from him. And this is speaking when she had no other brothers who would inherit him.

She heard,

the daughter, the words of Rav Naḥman,

she went and wrote it off.

And she went and wrote off the ketuba, in accordance with his advice.

Rav Naḥman said: We have made ourselves like legal advocates,

who come to show grounds of merit for one of the litigants. And the Sages said: “Do not make yourself like advocates of the judges.”

And the Gemara raises an objection:

At first,

when he gave her his advice,

what did he think, and in the end

when he regretted it,

what did he think?

And we say:

At first he thought:

“And from your own flesh you shall not hide yourself,”

and since she was his relative, it was incumbent upon him to assist her.

And in the end he thought:

I am an important person,

and he must be more careful that they not learn from him and come to assist even those who are not relatives.

The Gemara brings the body of the matter:

In the body of the matter, Shmuel said:

“One who sells a promissory document to another, and then the seller returns

the seller

and writes it off—

it is written off. And even an heir can write it off.”

Rav Huna son of Rav Yehoshua said:

And if he is clever

that is, the purchaser,

he jingles coins for him and writes a document for him in his own name.

He gives the debtor money before they make a conspiracy between the two of them, so that he will write a document for him in his own name; then the seller cannot write it off.

Ameimar said: One who adjudicates according to the law of dina de-garmei—he collects from him the full value of the document.

According to the one who says that one who damages another through garmei is liable to pay, here too, the seller who wrote off his promissory document and damaged the purchaser is liable to pay the purchaser the value of the document.

And

one who does not adjudicate according to the law of dina de-garmei—he collects from him merely the value of the paper,

that is, he says that he sold him only the paper, and it is in his possession.

There was an incident:

there was an incident involving one who sold a document to his fellow and wrote it off, and the matter came before Rav Ashi,

and Rafram compelled Rav Ashi,

Rafram surrounded Rav Ashi with proofs,

and he collected from him like a beam for images,

that is, a complete collection, according to the law of dina de-garmei. Like one who buys a beam to carve images into it, for the purchaser is particular to take one that is straight and smooth.

Ameimar said in the name of Rav Hama:

“As for this person who has a woman’s ketuba and a creditor against him,

one who owes money for a ketuba and to a creditor,

and he has

land, and he has money,

he has land and money, and he cannot give both of them money or land. What should he do?

To the creditor—

we remove him with money.

And

to the woman—

we remove her with land.

This one

the creditor

according to his law,

for he lent money, therefore he receives money.

And this one

the ketuba

according to her law,

for she relied upon the lien on the land, and she gave nothing; therefore she receives from the land.

And if there is only one piece of land, and it is suitable only for one,

and if he has only land suitable for only one of them—

we give it to the creditor,

and

we do not give it to the woman.

And

what is the reason,

that they gave it to the creditor and not to the woman?

Because

more than a man wishes to marry, a woman wishes to be married.

And we are not concerned that the women will no longer wish to marry. But in the case of a creditor, it is a concern that if he does not repay his debt, the door will be locked before borrowers.

Rav Pappa said to Rav Hama: Is it certain that you said in the name of Rava

is it true that we heard in your name in the name of Rava—

as for this person from whom they demand

one who owed money, and they were creditors

money, and he has land. And a creditor came and demanded from him

his debt.

And he said to him,

the debtor:

“Go, take from the land!”

Go and collect your debt from my lands.

We say to him:

“Go, sell it yourself, and bring it and give it to him!”

Go yourself and sell your lands and pay your debt. The creditor need not occupy himself with selling your lands.

He said to him,

Rav Hama to Rav Pappa:

No,

I did not say this matter.

Rav Pappa said to Rav Hama:

“Tell me: how exactly did the incident occur?”

How exactly was the incident, from which this report in your name developed?

He said to him:

Indeed, a case came before me involving a debtor who had land, and I compelled him to sell it, but this was because

he was attributing his money to a gentile,

that is, he had money in his possession, but said that it belonged to the gentiles.

And therefore, since

he acted improperly, therefore they acted improperly toward him

they compelled him to sell his lands and pay his debt.

Rav Kahana said to Rav Pappa: According to you, who say, “Repayment of a creditor is a mitzva,”

if

he said,

the debtor:

“I do not wish to perform a mitzva,” what

is the law? Do we compel him to trouble himself to obtain money to repay his debt?

He said to him:

Has it not already been

taught: “In what case are these matters said,

that he receives forty lashes and is exempt?

With regard to a prohibition; but with regard to a positive commandment, such as when they say to him: Perform the mitzva of sukka! and he does not perform it,

take

a lulav! and he does not perform it—