Please ensure Javascript is enabled for purposes of website accessibility Skip to content

Today's Daf Yomi

May 5, 2015 | 讟状讝 讘讗讬讬专 转砖注状讛

  • This month's learning is sponsored by Joanna Rom and Steven Goldberg in loving memory of Steve's mother Shirley "Nana" Goldberg (Sura Tema bat Chaim v'Hanka)

Ketubot 92

讜讗转讗 讘注诇 讞讜讘 讚专讗讜讘谉 讜拽讟专讬祝 诇讬讛 诪讬谞讬讛 讚讬谞讗 讛讜讗 讚讗讝讬诇 砖诪注讜谉 讜诪驻爪讬 诇讬讛

and Reuven鈥檚 creditor came and repossessed the field from him, i.e., from Reuven, the law is that Shimon must go and compensate [mefatzei] Reuven, since he sold him the field with a guarantee, while Reuven owes Shimon nothing, since he sold him the field without a guarantee.

讗诪专 诇讬讛 专讘讗 谞讛讬 讚讗讞专讬讜转 讚注诇诪讗 拽讘讬诇 注诇讬讛 讗讞专讬讜转 讚谞驻砖讬讛 诪讬 拽讘讬诇 注诇讬讛

Rava said to him: Granted, that Shimon took upon himself to guarantee the sale in general, i.e., if the field were to be repossessed by his own creditors or those of a previous owner of the field; did he also take upon himself to guarantee the sale if it were to be repossessed by the purchaser鈥檚 own creditors?

讜诪讜讚讛 专讘讗 讘专讗讜讘谉 砖讬专砖 砖讚讛 诪讬注拽讘 讜诪讻专讛 诇砖诪注讜谉 砖诇讗 讘讗讞专讬讜转 讜讗转讗 砖诪注讜谉 讜诪讻专讛 诇专讗讜讘谉 讘讗讞专讬讜转 讜讗转讗 讘注诇 讞讜讘 讚讬注拽讘 讜拽讟专讬祝 诇讬讛 诪讬谞讬讛 讚讬谞讗 讛讜讗 讚讗讝讬诇 砖诪注讜谉 讜诪驻爪讬 诇讬讛 诪讬谞讬讛

The Gemara notes: And Rava concedes to Rami bar 岣ma in the following case: Reuven inherited a field from his father, Ya鈥檃kov, and sold it to Shimon with no guarantee. Shimon came and sold it back to Reuven with a guarantee. Then, Ya鈥檃kov鈥檚 creditor came and repossessed the field from Reuven. In this case, Rava would concede that the law is that Shimon must go and compensate Reuven for his loss.

诪讗讬 讟注诪讗 讘注诇 讞讜讘 讚讬注拽讘 讻讘注诇 讞讜讘 讚注诇诪讗 讚诪讬

The Gemara asks: What is the reason for this halakha? The Gemara answers: Ya鈥檃kov鈥檚 creditor is comparable to a general case of a creditor, i.e., a creditor of a previous owner. Even Rava would agree that this is not comparable to a case where Reuven鈥檚 creditor repossessed the field. Consequently, Shimon bears responsibility to compensate Reuven.

讗诪专 专诪讬 讘专 讞诪讗 专讗讜讘谉 砖诪讻专 砖讚讛 诇砖诪注讜谉 讘讗讞专讬讜转 讜讝拽祝 注诇讬讜 讘诪诇讜讛 讜诪转 专讗讜讘谉 讜讗转讗 讘注诇 讞讜讘 讚专讗讜讘谉 讜拽讟专讬祝 诇讛 诪砖诪注讜谉 讜驻讬讬住讬讛 讘讝讜讝讬

Rami bar 岣ma said: Consider a case where Reuven sold a field to Shimon with a guarantee that if it is repossessed he will compensate Shimon for his loss. Shimon did not pay for the purchase, and instead set up the value of the field as a loan by writing a promissory note for this amount. Reuven subsequently died, and a creditor of Reuven came and repossessed the field from Shimon. Shimon, not wanting the creditor to take the field from him, tried to appease him with money so the creditor would allow him to keep the field.

讚讬谞讗 讛讜讗 讚讗诪专讬 诇讬讛 讘谞讬 专讗讜讘谉 讗谞谉 诪讟诇讟诇讬 砖讘拽 讗讘讜谉 讙讘讱 讜诪讟诇讟诇讬 讚讬转诪讬 诇讘注诇 讞讜讘 诇讗 诪砖转注讘讚讬

The law is that the sons of Reuven can say to Shimon that he must pay them the money he owes for the field, and they are not required to pay Shimon if he demands compensation for the repossession of the field. They may say to him: Our father left us movable property with you, i.e., the money you owe us for the field, and the movable property of orphans is not liened to a creditor. The orphans can claim that the field belongs to Shimon, and as there is no land left for the orphans, there is no way for Shimon to recover the compensation that he is owed. The money he owes Reuven is considered movable property, and therefore he cannot recover his losses from these funds.

讗诪专 专讘讗 讗讬 驻拽讞 讗讬讚讱 诪讙讘讬 诇讛讜 谞讬讛诇讬讬讛讜 讗专注讗 讜讛讚专 讙讘讬 诇讛 诪讬谞讬讬讛讜 讻专讘 谞讞诪谉 讚讗诪专 专讘 谞讞诪谉 讗诪专 专讘讛 讘专 讗讘讜讛 讬转讜诪讬诐 砖讙讘讜 拽专拽注 讘讞讜讘转 讗讘讬讛谉 讘注诇 讞讜讘 讞讜讝专 讜讙讜讘讛 讗讜转讛 诪讛谉

Rava said with regard to this case: If the other individual, Shimon, is clever he will pay them what he owes with real estate and not with money. Since they now have real estate inherited from their father鈥檚 estate, Shimon can then collect the field from them as compensation for the repossession of the original field that Reuven sold to Shimon. This is in accordance with the opinion of Rav Na岣an, as Rav Na岣an said that Rabba bar Avuh said: When orphans collect real estate for a debt owed to their father from one person, their father鈥檚 creditor can come and seize this land from them.

讗诪专 专讘讛 专讗讜讘谉 砖诪讻专 讻诇 砖讚讜转讬讜 诇砖诪注讜谉 讜讞讝专 砖诪注讜谉 讜诪讻专 砖讚讛 讗讞转 诇诇讜讬 讜讗转讗 讘注诇 讞讜讘 讚专讗讜讘谉 专爪讛 诪讝讛 讙讜讘讛 专爪讛 诪讝讛 讙讜讘讛

The Gemara addresses a similar matter. Rabba said: If Reuven sold all his fields to Shimon, and Shimon then sold one field to Levi, and then Reuven鈥檚 creditor came to repossess one of the fields that was mortgaged to him: If he desires, he can collect from this one, Shimon, and if he desires, he can collect from that one, Levi, since he has a lien that applies equally to all the properties that once belonged to Reuven.

讜诇讗 讗诪专谉 讗诇讗 讚讝讘谞讛 讘讬谞讜谞讬转 讗讘诇 讝讘谞讛 注讬讚讬转 讜讝讘讜专讬转 诪爪讬 讗诪专 诇讬讛 诇讛讻讬 讟专讞讬 讜讝讘讬谞讬 讗专注讗 讚诇讗 讞讝讬讗 诇讱

And we said this only if Shimon sold Levi land of intermediate quality, but if he sold him land of superior quality or inferior quality, Levi can say to the creditor: It was for this reason that I made an effort to buy land that is not fit for you, as a creditor is supposed to repossess land of intermediate quality. Therefore, go to Shimon and collect your debt from the land of intermediate quality that is in his possession.

讜讘讬谞讜谞讬转 谞诪讬 诇讗 讗诪专谉 讗诇讗 讚诇讗 砖讘拽 讘讬谞讜谞讬转 讚讻讜讜转讛

The Gemara notes further: And even if Shimon sold Levi land of intermediate quality, we said that the creditor may repossess Levi鈥檚 land only in a case where Levi did not leave Shimon with equivalent land of intermediate quality.

讗讘诇 砖讘拽 讘讬谞讜谞讬转 讚讻讜讜转讛 诪爪讬 讗诪专 诇讬讛 讛谞讞转讬 诇讱 诪拽讜诐 诇讙讘讜转 讛讬诪谞讜

However, if Levi left similar land of intermediate quality with Shimon, he can say to the creditor: I have left you a place from which to collect; go and collect from Shimon.

讗诪专 讗讘讬讬 专讗讜讘谉 砖诪讻专 砖讚讛 诇砖诪注讜谉 讘讗讞专讬讜转 讜讗转讗 讘注诇 讞讜讘 讚专讗讜讘谉 讜拽讟专讬祝 诇讛 诪讬谞讬讛 讚讬谞讗 讛讜讗 讚讗讝讬诇 专讗讜讘谉 讜诪驻爪讬 诇讬讛 讜诇讗 诪爪讬 讗诪专 诇讬讛 诇讗讜 讘注诇 讚讘专讬诐 讚讬讚讬 讗转 诪砖讜诐 讚讗诪专 诇讬讛 讚诪驻拽转 诪讬谞讬讛 注诇讬 讛讚专

Abaye said: In a case where Reuven sold a field to Shimon with a guarantee that if the field is repossessed, he will compensate Shimon for his loss and Reuven鈥檚 creditor comes and repossesses the land from Shimon, the law is that Reuven goes and rescues Shimon by attempting to forestall the repossession, and the creditor cannot say to Reuven: I am not legally answerable to you since I am taking the field from Shimon. This is because Reuven can retort: What you take from him comes back to me: Since I guaranteed the sale and will ultimately have to compensate Shimon, you cannot claim that I am not a legal party in this matter.

讜讗讬讻讗 讚讗诪专讬 讗驻讬诇讜 砖诇讗 讘讗讞专讬讜转 谞诪讬 讚讗诪专 诇讬讛 诇讗 谞讬讞讗 诇讬 讚转讛讜讬 诇讬讛 诇砖诪注讜谉 转专注讜诪转 注诇讬

And there are those who say that even if Reuven sold Shimon the field with no guarantee, he can also join in the deliberations and attempt to forestall the repossession of the land. This is because Reuven can say to the creditor: It is not amenable to me that Shimon will have a grievance against me for having sold him land that was then repossessed.

讗诪专 讗讘讬讬 专讗讜讘谉 砖诪讻专 砖讚讛 诇砖诪注讜谉 砖诇讗 讘讗讞专讬讜转 讜讬爪讗讜 注诇讬讜

Abaye said: In a case where Reuven sold a field to Shimon with no guarantee, and it emerged that he had

  • This month's learning is sponsored by Joanna Rom and Steven Goldberg in loving memory of Steve's mother Shirley "Nana" Goldberg (Sura Tema bat Chaim v'Hanka)

Want to explore more about the Daf?

See insights from our partners, contributors and community of women learners

Sorry, there aren't any posts in this category yet. We're adding more soon!

Ketubot 92

The William Davidson Talmud | Powered by Sefaria

Ketubot 92

讜讗转讗 讘注诇 讞讜讘 讚专讗讜讘谉 讜拽讟专讬祝 诇讬讛 诪讬谞讬讛 讚讬谞讗 讛讜讗 讚讗讝讬诇 砖诪注讜谉 讜诪驻爪讬 诇讬讛

and Reuven鈥檚 creditor came and repossessed the field from him, i.e., from Reuven, the law is that Shimon must go and compensate [mefatzei] Reuven, since he sold him the field with a guarantee, while Reuven owes Shimon nothing, since he sold him the field without a guarantee.

讗诪专 诇讬讛 专讘讗 谞讛讬 讚讗讞专讬讜转 讚注诇诪讗 拽讘讬诇 注诇讬讛 讗讞专讬讜转 讚谞驻砖讬讛 诪讬 拽讘讬诇 注诇讬讛

Rava said to him: Granted, that Shimon took upon himself to guarantee the sale in general, i.e., if the field were to be repossessed by his own creditors or those of a previous owner of the field; did he also take upon himself to guarantee the sale if it were to be repossessed by the purchaser鈥檚 own creditors?

讜诪讜讚讛 专讘讗 讘专讗讜讘谉 砖讬专砖 砖讚讛 诪讬注拽讘 讜诪讻专讛 诇砖诪注讜谉 砖诇讗 讘讗讞专讬讜转 讜讗转讗 砖诪注讜谉 讜诪讻专讛 诇专讗讜讘谉 讘讗讞专讬讜转 讜讗转讗 讘注诇 讞讜讘 讚讬注拽讘 讜拽讟专讬祝 诇讬讛 诪讬谞讬讛 讚讬谞讗 讛讜讗 讚讗讝讬诇 砖诪注讜谉 讜诪驻爪讬 诇讬讛 诪讬谞讬讛

The Gemara notes: And Rava concedes to Rami bar 岣ma in the following case: Reuven inherited a field from his father, Ya鈥檃kov, and sold it to Shimon with no guarantee. Shimon came and sold it back to Reuven with a guarantee. Then, Ya鈥檃kov鈥檚 creditor came and repossessed the field from Reuven. In this case, Rava would concede that the law is that Shimon must go and compensate Reuven for his loss.

诪讗讬 讟注诪讗 讘注诇 讞讜讘 讚讬注拽讘 讻讘注诇 讞讜讘 讚注诇诪讗 讚诪讬

The Gemara asks: What is the reason for this halakha? The Gemara answers: Ya鈥檃kov鈥檚 creditor is comparable to a general case of a creditor, i.e., a creditor of a previous owner. Even Rava would agree that this is not comparable to a case where Reuven鈥檚 creditor repossessed the field. Consequently, Shimon bears responsibility to compensate Reuven.

讗诪专 专诪讬 讘专 讞诪讗 专讗讜讘谉 砖诪讻专 砖讚讛 诇砖诪注讜谉 讘讗讞专讬讜转 讜讝拽祝 注诇讬讜 讘诪诇讜讛 讜诪转 专讗讜讘谉 讜讗转讗 讘注诇 讞讜讘 讚专讗讜讘谉 讜拽讟专讬祝 诇讛 诪砖诪注讜谉 讜驻讬讬住讬讛 讘讝讜讝讬

Rami bar 岣ma said: Consider a case where Reuven sold a field to Shimon with a guarantee that if it is repossessed he will compensate Shimon for his loss. Shimon did not pay for the purchase, and instead set up the value of the field as a loan by writing a promissory note for this amount. Reuven subsequently died, and a creditor of Reuven came and repossessed the field from Shimon. Shimon, not wanting the creditor to take the field from him, tried to appease him with money so the creditor would allow him to keep the field.

讚讬谞讗 讛讜讗 讚讗诪专讬 诇讬讛 讘谞讬 专讗讜讘谉 讗谞谉 诪讟诇讟诇讬 砖讘拽 讗讘讜谉 讙讘讱 讜诪讟诇讟诇讬 讚讬转诪讬 诇讘注诇 讞讜讘 诇讗 诪砖转注讘讚讬

The law is that the sons of Reuven can say to Shimon that he must pay them the money he owes for the field, and they are not required to pay Shimon if he demands compensation for the repossession of the field. They may say to him: Our father left us movable property with you, i.e., the money you owe us for the field, and the movable property of orphans is not liened to a creditor. The orphans can claim that the field belongs to Shimon, and as there is no land left for the orphans, there is no way for Shimon to recover the compensation that he is owed. The money he owes Reuven is considered movable property, and therefore he cannot recover his losses from these funds.

讗诪专 专讘讗 讗讬 驻拽讞 讗讬讚讱 诪讙讘讬 诇讛讜 谞讬讛诇讬讬讛讜 讗专注讗 讜讛讚专 讙讘讬 诇讛 诪讬谞讬讬讛讜 讻专讘 谞讞诪谉 讚讗诪专 专讘 谞讞诪谉 讗诪专 专讘讛 讘专 讗讘讜讛 讬转讜诪讬诐 砖讙讘讜 拽专拽注 讘讞讜讘转 讗讘讬讛谉 讘注诇 讞讜讘 讞讜讝专 讜讙讜讘讛 讗讜转讛 诪讛谉

Rava said with regard to this case: If the other individual, Shimon, is clever he will pay them what he owes with real estate and not with money. Since they now have real estate inherited from their father鈥檚 estate, Shimon can then collect the field from them as compensation for the repossession of the original field that Reuven sold to Shimon. This is in accordance with the opinion of Rav Na岣an, as Rav Na岣an said that Rabba bar Avuh said: When orphans collect real estate for a debt owed to their father from one person, their father鈥檚 creditor can come and seize this land from them.

讗诪专 专讘讛 专讗讜讘谉 砖诪讻专 讻诇 砖讚讜转讬讜 诇砖诪注讜谉 讜讞讝专 砖诪注讜谉 讜诪讻专 砖讚讛 讗讞转 诇诇讜讬 讜讗转讗 讘注诇 讞讜讘 讚专讗讜讘谉 专爪讛 诪讝讛 讙讜讘讛 专爪讛 诪讝讛 讙讜讘讛

The Gemara addresses a similar matter. Rabba said: If Reuven sold all his fields to Shimon, and Shimon then sold one field to Levi, and then Reuven鈥檚 creditor came to repossess one of the fields that was mortgaged to him: If he desires, he can collect from this one, Shimon, and if he desires, he can collect from that one, Levi, since he has a lien that applies equally to all the properties that once belonged to Reuven.

讜诇讗 讗诪专谉 讗诇讗 讚讝讘谞讛 讘讬谞讜谞讬转 讗讘诇 讝讘谞讛 注讬讚讬转 讜讝讘讜专讬转 诪爪讬 讗诪专 诇讬讛 诇讛讻讬 讟专讞讬 讜讝讘讬谞讬 讗专注讗 讚诇讗 讞讝讬讗 诇讱

And we said this only if Shimon sold Levi land of intermediate quality, but if he sold him land of superior quality or inferior quality, Levi can say to the creditor: It was for this reason that I made an effort to buy land that is not fit for you, as a creditor is supposed to repossess land of intermediate quality. Therefore, go to Shimon and collect your debt from the land of intermediate quality that is in his possession.

讜讘讬谞讜谞讬转 谞诪讬 诇讗 讗诪专谉 讗诇讗 讚诇讗 砖讘拽 讘讬谞讜谞讬转 讚讻讜讜转讛

The Gemara notes further: And even if Shimon sold Levi land of intermediate quality, we said that the creditor may repossess Levi鈥檚 land only in a case where Levi did not leave Shimon with equivalent land of intermediate quality.

讗讘诇 砖讘拽 讘讬谞讜谞讬转 讚讻讜讜转讛 诪爪讬 讗诪专 诇讬讛 讛谞讞转讬 诇讱 诪拽讜诐 诇讙讘讜转 讛讬诪谞讜

However, if Levi left similar land of intermediate quality with Shimon, he can say to the creditor: I have left you a place from which to collect; go and collect from Shimon.

讗诪专 讗讘讬讬 专讗讜讘谉 砖诪讻专 砖讚讛 诇砖诪注讜谉 讘讗讞专讬讜转 讜讗转讗 讘注诇 讞讜讘 讚专讗讜讘谉 讜拽讟专讬祝 诇讛 诪讬谞讬讛 讚讬谞讗 讛讜讗 讚讗讝讬诇 专讗讜讘谉 讜诪驻爪讬 诇讬讛 讜诇讗 诪爪讬 讗诪专 诇讬讛 诇讗讜 讘注诇 讚讘专讬诐 讚讬讚讬 讗转 诪砖讜诐 讚讗诪专 诇讬讛 讚诪驻拽转 诪讬谞讬讛 注诇讬 讛讚专

Abaye said: In a case where Reuven sold a field to Shimon with a guarantee that if the field is repossessed, he will compensate Shimon for his loss and Reuven鈥檚 creditor comes and repossesses the land from Shimon, the law is that Reuven goes and rescues Shimon by attempting to forestall the repossession, and the creditor cannot say to Reuven: I am not legally answerable to you since I am taking the field from Shimon. This is because Reuven can retort: What you take from him comes back to me: Since I guaranteed the sale and will ultimately have to compensate Shimon, you cannot claim that I am not a legal party in this matter.

讜讗讬讻讗 讚讗诪专讬 讗驻讬诇讜 砖诇讗 讘讗讞专讬讜转 谞诪讬 讚讗诪专 诇讬讛 诇讗 谞讬讞讗 诇讬 讚转讛讜讬 诇讬讛 诇砖诪注讜谉 转专注讜诪转 注诇讬

And there are those who say that even if Reuven sold Shimon the field with no guarantee, he can also join in the deliberations and attempt to forestall the repossession of the land. This is because Reuven can say to the creditor: It is not amenable to me that Shimon will have a grievance against me for having sold him land that was then repossessed.

讗诪专 讗讘讬讬 专讗讜讘谉 砖诪讻专 砖讚讛 诇砖诪注讜谉 砖诇讗 讘讗讞专讬讜转 讜讬爪讗讜 注诇讬讜

Abaye said: In a case where Reuven sold a field to Shimon with no guarantee, and it emerged that he had

Scroll To Top