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כתובות 92

Soncino English Talmud · Berean Standard Bible

and Reuben's creditor  came and seized it from him, the law is that Simeon must proceed to offer him  compensation.  Raba, however, said to him: Granted that [Simeon] had accepted responsibility for general claims,  did he also accept responsibility for [claims against Reuben] himself?  Raba admits, however, that where Reuben inherited a field from Jacob  and sold it to Simeon  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 him  compensation.  What is the reason? — Jacob's creditor is regarded as any other creditor. Rami b. Hama [further] stated: If Reuben sold a field to Simeon with a guarantee and allowed [the price of the field] to stand  as a loan,  and when Reuben died, and his creditor came to seize it from Simeon, [the latter] satisfied him by [refunding to him the] amount,  the law is that Reuben's children can tell him, '[As far as] we [are concerned,] our father has left movables  with you. and the movables of orphans are not pledged to a creditor.' Raba remarked: If the other  is clever he gives them  a plot of land in settlement of the debt and then he collects it from them,  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,  a creditor  may in turn collect it from them. Rabbah  stated: If Reuben sold all his fields  to Simeon who In turn sold one field [of these] to Levi, and then Reuben's creditor appeared,  [the latter] may collect either from the one or from the other.  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,  'It is for this reason  that I have taken the trouble [to buy the best or the worst because either is] land which is not available for you'.  And even [when he bought] medium quality the law is applicable only where [Levi] did not leave  medium quality of a similar nature
but if he did leave medium quality of a similar nature he may lawfully tell him,  'I have left for you ample land  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 litigate  with that creditor and [the latter] cannot say to him, 'You are no party to me'  for [the other can] retort, 'For whatever you will take away from him he will turn to me [to claim compensation]'  Others say: Even where no guarantee was given  the same law  applies, since [Reuben] may say to him,  '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 him