Babylonian Talmud: Tractate Kethuboth

Folio 92a

and Reuben's creditor¹  came and seized it from him, the law is that Simeon must proceed to offer him²  compensation.³  Raba, however, said to him: Granted that [Simeon] had accepted responsibility for general claims,⁴  did he also accept responsibility for [claims against Reuben] himself?⁵  Raba admits, however, that where Reuben inherited a field from Jacob⁶  and sold it to Simeon⁷  without a guarantee and Simeon then re-sold It to Reuben with a guarantee. whereupon Jacob's creditor came and seized it from him, the law is that Simeon must proceed to offer him⁸  compensation.⁹  What is the reason? — Jacob's creditor is regarded as any other creditor.¹⁰

Rami b. Hama [further] stated: If Reuben sold a field to Simeon with a guarantee and allowed [the price of the field] to stand¹¹  as a loan,¹²  and when Reuben died, and his creditor came to seize it from Simeon, [the latter] satisfied him by [refunding to him the] amount,¹³  the law is that Reuben's children can tell him, '[As far as] we [are concerned,] our father has left movables¹⁴  with you. and the movables of orphans are not pledged to a creditor.'¹⁵

Raba remarked: If the other¹⁶  is clever he gives them¹⁷  a plot of land in settlement of the debt and then he collects it from them,¹⁸  in accordance [with a ruling of] R. Nahman who stated in the name of Rabbah b. Abbahu: If orphans collected a plot of land for their father's debt,¹⁹  a creditor²⁰  may in turn collect it from them.²¹

Rabbah²²  stated: If Reuben sold all his fields²³  to Simeon who In turn sold one field [of these] to Levi, and then Reuben's creditor appeared,²⁴  [the latter] may collect either from the one or from the other.²⁵  This law, however, applies only where [Levi] had bought [land of] medium quality, but if he bought either the best or the worst he may tell him,²⁶  'It is for this reason²⁷  that I have taken the trouble [to buy the best or the worst because either is] land which is not available for you'.²⁸  And even [when he bought] medium quality the law is applicable only where [Levi] did not leave²⁹  medium quality of a similar nature

1. By virtue of a bond the date of which was antecedent to that of the first sale.
2. Reuben.
3. As if Reuben had not been the original seller. As simeon, who guaranteed compensation. would have to fulfil his obligation in the ease of any other buyer he incurs the same liability towards Reuben who, not having given any guarantee for his sale has the same status as any other buyer. [H] rt. [H] cf. supra note 2.
4. Proceeding from his own creditors.
5. The answer is obviously in the negative. Simeon is undoubtedly exempt from all such claims.
6. Sc. his father (cf. supra p. 586, n' 7).
7. I.e., any other person (v. loc. cit.).
8. Reuben,
9. Lit., 'and rescue him from him' (cf. supra p. 586, n. 2).
10. I.e., as if Jacob had been a stranger and the creditor had no claim against Reuben's father but against the man from whom Reuben had bought the field. Since the claim of the creditor is not against Reuben himself the claim against his father does not affect his right if he once sold the field without guarantee and Simeon resold it to him with a guarantee.
11. Lit., 'put up', 'established'.
12. I.e., instead of paying in cash Simeon gave him a note of Indebtedness,
13. Lit., zuzim, money', i.e., the amount of the loan which he owed to Reuben's heirs.
14. Viz., the amount of the debt,
15. Nor to the buyer who has been deprived by him of the field. Having paid a claim for which the orphans were not responsible, he must suffer the loss himself,
16. The buyer from whom the orphans now claim the price of the land which he owes,
17. The orphans.
18. By virtue of the responsibility which their father, as seller, had undertaken towards him, as buyer. Since the land comes into their possession by virtue of the debt they inherited from their father, it is deemed to be an inheritance which may be seized by a buyer whose purchase had been distrained on by their father's creditor.
19. Which was owing to him.
20. Who lent money to their father,
21. As if the land had been a direct inheritance from their father, although their acquisition of it took place after his death (cf. supra n. 13) as a result of the creditor's inability to meet his obligation.
22. MS.M. reads, 'Raba', and this is also the reading in the parallel passage in B.K. 8b.
23. By one deed of sale (v. infra n. 4).
24. Claiming payment of the debt,
25. Lit.,'if he wishes he collects from this and if he wishes he etc.', i.e., either from Simeon or from Levi. Where, however, the fields were sold by Reuben under more than one deed (cf. supra n. 2) his creditor cannot distrain on Levi unless the field the latter had bought was the last one that Reuben had sold to Simeon. If it was not the last, Levi may refuse payment on the ground that, even after Simeon had bought that field, Reuben was still in possession of sufficient property to meet his creditor's claim, and that no creditor can distrain on property sold while free property remained in the debtor's possession.
26. The creditor who is entitled to recover his debt from the medium quality of the debtor's free, or sold property.
27. That the creditor might have no legal claim upon it,
28. Cf. supra n. 5'
29. With Simeon.

but if he did leave medium quality of a similar nature he may lawfully tell him,¹  'I have left for you ample land²  from which to collect [your debt]'.

Abaye stated: If Reuben sold a field to Simeon with a guarantee and a creditor of Reuben's came to distrain on it the law is that Reuben may proceed to litigate³  with that creditor and [the latter] cannot say to him, 'You are no party to me'⁴  for [the other can] retort, 'For whatever you will take away from him he will turn to me [to claim compensation]'⁵  Others say: Even where no guarantee was given⁶  the same law⁷  applies, since [Reuben] may say to him,⁸  'I do not like Simeon to have any grievance against me

Abaye [further] stated: If Reuben sold a field to Simeon without a guarantee and there appeared against him⁹

1. The creditor.
2. Lit., 'place'.
3. [H] Cf. supra p. 586, n. 2.
4. Since he was distraining against Simeon and not against him who, as an uninterested party, has no right to be a pleader in the lawsuit (cf. B.K. 70a).
5. 'Hence I am an interested party'.
6. By Reuben to Simeon.
7. That the creditor cannot say to Reuben, 'You are no party to me'.
8. The creditor,
9. Reuben.