Kesubos 91b

כתובות צ״א ע״ב

Ketubot 91b

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Topic

A series of cases about a בעל חוב who seizes sold land, orphans paying their father's debt, and a seller's אחריות

Overview

The amud opens with the last words of an earlier argument: when an estate was small and then grew, the יורשין already acquired their rights at the time of death. The גמרא then gives a סימן, a memory aid for a list of cases. In the first case, a debtor sold two mansions, and his בעל חוב seized one and came for the other. The buyer offered him the full debt amount. רמי בר חמא compares this to the orphans in our משנה, but רבא answers that the creditor loses nothing. The טירפא document is written for the 500 the buyer actually paid. The same pattern repeats with two small plots of land: רב יוסף compares, אביי rejects, and the הלכה is fifty. Next, אביי rules that when orphans pay part of their father's debt, the creditor may seize the land again, unless they said the money was for the land. Finally, a son who sold his mother's כתובה rights cannot cancel the sale himself, and רמי בר חמא begins a case about ראובן and שמעון and אחריות that continues on the next amud.

Opening lines

The steps (24)

1. ConclusionThe heirs acquired their rights at the time of death
2. StatementA memory aid for the cases that follow
3. StatementA creditor seizes a sold mansion and comes for the second
4. StatementThe buyer offers the creditor two choices
5. Proofרמי בר חמא compares the case to the orphans in the משנה
6. Rejectionרבא shows the two cases are different
7. QuestionHow much is the buyer's seizure document written for?
8. Responseרבינא says 1,000, רב עוירא says 500
9. ConclusionThe הלכה is five hundred
10. StatementA new story: a debtor sells two small plots
11. StatementThe buyer offers the creditor cash
12. Proofרב יוסף compares the case to the orphans' משנה
13. Rejectionאביי shows the two cases are different
14. QuestionWhat amount goes in the טירפא document?
15. Responseרבינא says 100, רב עוירא says 50
16. ConclusionThe הלכה: written for fifty
17. StatementThe creditor seizes the land twice
18. Statementאביי rules the second seizure is valid
19. StatementA limit: if the orphans said the money was for the land
20. StatementA son sells his mother's כתובה with a condition
21. StatementThe mother dies silent and the son objects
22. Statementרמי בר חמא thinks the son stands in his mother's place
23. Rejectionרבא: the son guaranteed against his own objection
24. StatementNew case: a field sold without a guarantee, then sold back with one