Ketubot 92a — the Talmud in English

And the creditor of Reuven came [

the creditor of Reuven came, whose document preceded the first sale that Reuven made to Shimon, and he could also have seized it from Shimon had he wished, but he did not do so ] —

and seized it from him

after Shimon returned and sold it to him.

The law is that Shimon goes and compensates him, [

the law is that Shimon should come and compensate Reuven by virtue of the responsibility that he accepted for the field ], for just as, had Shimon sold it to another and the creditor of Reuven came and seized it from that purchaser, Shimon would have been obligated to compensate him, so too, if he sold it to Reuven, who is the debtor, Shimon must compensate Reuven, since he sold it to him with responsibility.

Rava said

to Rami bar Hama:

Granted [

even though ]

general responsibility [

all claimants against it who are not on account of the purchaser ]

he accepted upon himself

Shimon when he sold the field to Reuven,

did he accept responsibility for his own matter upon himself [

and did Shimon also accept upon himself responsibility for a loss caused by the purchaser ]!?

And

nevertheless

Rava admits,

that Shimon is obligated to pay Reuven responsibility:

With regard to Reuven who inherited a field from

his father

Jacob, and sold it to

his associate

Shimon without responsibility, and Shimon came and sold it to Reuven with responsibility, and the creditor of Jacob came and seized it from him [

and Jacob’s creditor seized the field from Reuven ], by virtue of the fact that the land became encumbered to him when it was in Jacob’s possession —

that

the law is that Shimon goes and compensates him [

so is the law, that Shimon should compensate Reuven ].

And we do not say that Reuven is “his father’s leg,” and when they seize because of Jacob it is as though they seized because of Reuven; for Shimon did not accept responsibility for seizure on account of Reuven.

What is the reason?

For

Jacob’s creditor is considered like an ordinary creditor [

he is like the other creditors ], and we do not regard him as Reuven’s creditor.

And

he set up:

:

Rami bar Hama said:

Reuven who sold a field to Shimon with responsibility, and set up

Reuven

upon him [

upon Shimon ] the money of the field

as a loan,

meaning: Shimon did not pay the price of the field to Reuven, but Shimon wrote him a debt document for the money,

and

before Shimon paid Reuven his debt—

Reuven died—

And the creditor of Reuven came and seized it from Shimon [

the creditor of Reuven came in order to seize the land from Shimon ],

and he appeased him

Shimon the creditor

with money.

For several reasons, we might have reasoned that Shimon was exempt from paying the price of the land to Reuven’s sons: the first: Shimon had removed the orphans’ creditor, and this is as though he had paid them money.

The second: the creditor seizes the orphans’ debt, and consequently Shimon is obligated to pay him what he owes them.

The third: if the creditor had seized the land from Shimon, Shimon would have returned to the orphans by virtue of responsibility, since the father sold it to him with responsibility, and his property became encumbered for payment of the responsibility. If so, he can take that same money that he owes the orphans as payment of the responsibility and “purchase” the field from the creditor.

And the Gemara explains that neither of these two claims is valid, but rather:

The law is that the sons of Reuven say to him [

so is the law, that the sons of Reuven can say to Shimon ]:

We

have no land from our father except those

movable properties—

namely, the debt that you owe us — which

our father left with you [

our father left in your possession ],

and the movable property of orphans

is

not encumbered to a creditor [

it does not become encumbered to a creditor ]. And these words answer both claims:

For when Shimon claimed that he had paid their debt, and it was as though he had paid them, the orphans say to him: the debt is not imposed upon us; rather, we are obligated to pay all his debts from the lands that we inherited from our father. And since, apart from the debt that you owe us, we have no additional lands, while what we already have from our father, namely the debt, is movable property and is not encumbered to a creditor, it follows that the creditor is removed from us, and we have no concern that you pay him his debt.

And what Shimon further claimed—that his debt became encumbered to the creditor, or to himself on account of his responsibility obligation—is also refuted, since it is movable property, and it does not become encumbered for payment of a debt or responsibility.

And it follows that Shimon still has not paid his debt, and the orphans’ claim for payment of his debt still remains.

Rava said:

If the other one is clever [

if Shimon is clever ],

he collects it for them through land [

he pays the orphans his debt with land ],

and then collects it from them [

and then returns and collects it on account of the responsibility that he has ].

For this land that he now gives to the orphans, although it was never in the father’s possession and did not become encumbered to Shimon for the responsibility, nevertheless he has the right to collect it on account of the responsibility, since the responsibility debt was imposed upon the father, and

in accordance with Rav Nahman.

this is in accordance with Rav Naḥman.

As Rav Nahman said in the name of Rabba bar Avuha:

Orphans who collected land for their father’s debt

and like this land, which they collected for the debt that Shimon owed their father,

the creditor returns and collects it from them.

7.

His fields:

Rabba said:

a. The Sages instituted, for the improvement of the world, that “one does not collect from encumbered property where there is unencumbered property.”

b. A borrower who sold part of his lands to Reuven, and unencumbered lands remained in his possession from which the creditor could collect his debt, and the borrower then returned and sold his remaining lands to Shimon, Reuven can say to the creditor: when I bought the fields from the borrower, “I left you a place”—the unencumbered fields in the borrower’s possession—from which to collect, and you could not come and collect from me, since mine were encumbered while those in the borrower’s possession were unencumbered. Therefore, even now collect your debt only from those fields that I left with the borrower, which are now in Shimon’s possession.

c. According to most of the early authorities, this law applies only to a borrower who sold land and land remained in his possession. But a purchaser from the borrower who then sold the lands he had purchased, and land remained in his possession: the second purchaser cannot refer the creditor to the first purchaser and say to him, “I left you a place from which to collect”; the creditor’s law with regard to the second purchaser’s lands is like his law with regard to the first purchaser’s lands. In our sugya it will be explained that sometimes the creditor can collect only from the first one.

d. There are three types of fields:

Superior land—from it the injured party collects his debt, if he finds such land among the fields of the one who caused the damage.

Intermediate land—from it a creditor collects his debt if he finds such land; and if the creditor wishes to take specifically from inferior land, the early authorities disagree whether the law is with him; if the borrower wishes to give the creditor payment from superior land, the law is with him.

Inferior land—from it a woman collects her ketuba.

e. This statement that we said, “one does not collect from encumbered property where there is unencumbered property,” or that he cannot collect from the purchaser because the purchaser says, “I left you a place from which to collect,” applies even when the land in the borrower’s possession, or that which had been in the borrower’s possession, is inferior land, while that in the first purchaser’s possession is intermediate land.

Reuven who sold all his fields to Shimon

at one time,

and Shimon returned and sold one field

intermediate

to Levi

and did not leave an intermediate field in his possession.

And the creditor of Reuven came [

the creditor of Reuven came to collect his debt from these lands that had become encumbered to him while they were in Reuven’s possession, for Reuven—the borrower—no longer had unencumbered land from which to collect, since he had sold all his fields to Shimon ] —

He wished

the creditor—

from this [

from the lands in Shimon’s possession, whether superior or inferior land ] he

collects

his debt, because the creditor says to Shimon: “You took all the fields from the borrower, and entered in his place to become encumbered to my debt. And as long as I find in your possession any lands belonging to the borrower, I will not trouble Levi, who left me a place from which to collect.”

He wished

the creditor—and this is when he found only inferior land with Shimon—

from this [

from the intermediate land in Levi’s possession ] he

collects

his debt, because the creditor says to Levi: “You took the intermediate land upon which my lien rests.”

And we said this

we say that the creditor can also collect from Levi if he wishes

only if he purchased intermediate land,

but only if Levi purchased the sole intermediate land that had been in Shimon’s possession, as the reason was explained: since the creditor’s law is to collect from intermediate land, the creditor says to Levi: “You took that upon which my lien rests.”

But if he purchased superior land or inferior land,

if Levi purchased superior land or inferior land, the creditor cannot collect his debt except from Shimon, because

he can say to him

Levi to the creditor:

For this I took pains [

I took pains ]

and bought

land that is not fit for you,

from the outset I was particular to buy land that is not fit for you, namely, superior-grade or inferior-grade land.

Moreover:

and even with medium-grade land,

even when Levi purchased medium-grade land,

we did not say

that the creditor can collect his debt also from Levi,

except

in a case

that he did not leave

Levi in Shimon's possession

medium-grade land of the same kind [

Levi did not leave in Shimon's possession medium-grade land like the one he purchased ].