Gittin 50a

גיטין נ׳ ע״א

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Topic

Guarantors for loans and כתובות, and how creditors collect from orphans (זיבורית, עידית, and adult heirs)

Overview

The amud opens by sorting guarantors. Everyone agrees a קבלן for a loan is obligated, while a ערב for a loan and a קבלן for a כתובה are disputed. The הלכה is that every guarantor is obligated even if the main party has no property. The one exception is a ערב for a כתובה, who is never obligated, because he only did a מצוה and the woman lost nothing. רבינא then refutes מר זוטרא, showing that a כתובה is paid from זיבורית even when collected from the husband himself. Next comes רב נחמן's ruling that a lender collecting from יתומים gets only זיבורית, even if his document promises better land. אביי supports it, but רבא argues that orphans only stay at the Torah-level rule, so a best-land clause should be honored even against them. רבא's view survives challenges from two ברייתות, one about injured parties and one about 'even if it is עידית'. Finally רב אחדבוי בר אמי asks whether the orphans' rule covers adult heirs too. A proof from אביי קשישא is pushed aside, and the ruling begins at the end of the amud and continues on the next amud.

Opening lines

The steps (26)

1. StatementWhich guarantor cases are agreed and which are disputed
2. StatementThe two opinions in the dispute
3. ConclusionThe final ruling on guarantors
4. QuestionWhy is the guarantor for a כתובה exempt?
5. ResponseHe only did a מצוה and she lost nothing
6. Proofרבינא brings the original reason for the זיבורית rule
7. ChallengeIf it were about orphans, the reason would mention orphans
8. Conclusionמר זוטרא is refuted
9. StatementCollecting from orphans only from the poorest land, even with a best-land clause
10. Proofאביי supports the ruling from the normal rule for lenders
11. Rejectionרבא rejects the comparison: by Torah law a lender gets the poorest land
12. Proofעולא's source: the poorest land by Torah law, middle land by the Rabbis
13. ChallengeWith a best-land clause, even orphans should pay from the best land
14. ChallengeA teaching about injured parties challenges רבא
15. ResolutionThe teaching is about a special case of land values
16. ResolutionFollowing רבי ישמעאל, orphans stay at the Torah level
17. ChallengeAnother teaching seems to say orphans pay זיבורית even when עידית is written
18. RejectionThe word 'עידית' in the ברייתא means low-value strips of good land
19. Statementרבא's teaching on damaged land and strips of good land
20. ResolutionFor orphans, the רבנן kept the Torah-level rule
21. QuestionDoes the orphans' rule mean only minors, or adults too?
22. QuestionFirst side: a special enactment just for young orphans
23. QuestionSecond side: the lender never thinks about the borrower dying
24. ProofA teaching says 'orphans' includes adults
25. RejectionMaybe that teaching is only about the oath
26. ConclusionOpening the final ruling