Kesubos 92a
כתובות צ״ב ע״א
Ketubot 92a
Learn Kesubos 92a step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
Guarantees (אחריות) and creditors: whose debts a seller's guarantee covers, orphans' movable property, and collecting from later buyers of the borrower's land.
Overview
The amud opens at the end of רמי בר חמא's case. ראובן sold a field to שמעון with no guarantee, and שמעון sold it back with a guarantee. רמי בר חמא rules that when ראובן's own creditor seizes it, שמעון must pay ראובן back. רבא objects that a seller's guarantee covers outside creditors, not the buyer's own debts. He agrees, though, that if the creditor belonged to יעקב, the father ראובן inherited from, שמעון must pay, because יעקב's creditor counts as an outsider. Next comes a new case from רמי בר חמא. ראובן's orphans can collect the unpaid price from שמעון even though ראובן's creditor took the field, because orphans' movable property is not tied to a creditor. רבא advises שמעון to pay them in land and then take it back, based on רב נחמן's rule. Finally, רבה rules that ראובן's creditor may collect from either buyer, שמעון or לוי, and the גמרא begins limiting this rule by the quality of the land. The discussion continues on the next amud.
Opening lines
וַאֲתָא בַּעַל חוֹב דִּרְאוּבֵן
and Reuven's creditor came
וְקָטָרֵיף לֵיהּ מִינֵּיהּ —
and repossessed it from him
דִּינָא הוּא דְּאָזֵיל שִׁמְעוֹן
the law is that Shimon goes
וּמְפַצֵּי לֵיהּ.
and compensates him.
The steps (11)
- Statementרמי בר חמא rules that שמעון must compensate ראובן
- Challengeרבא: the guarantee does not cover the buyer's own debts
- Statementרבא agrees when the creditor belonged to יעקב
- QuestionWhy does רבא agree here?
- Responseיעקב's creditor counts as an outside creditor
- StatementThe orphans can demand the loan money from שמעון
- Statementרבא's advice: pay the orphans in land, then take it back
- Proofרב נחמן's rule: a creditor can take land the orphans collected
- Statementראובן's creditor may collect from either buyer
- StatementThe rule applies only when לוי bought medium-quality land
- StatementEven with medium land, only if שמעון was not left with similar medium land