Bava Batra

said: They said [this]  in [respect of] a week-day.  and how much more so in the case of the Sabbath.  Similarly: One may acquire ownership on behalf of [a person who is] of age,  but not on behalf of a minor;  these are the words of R. Eliezer. R. Joshua said: [If they allowed possession to be acquired] on [behalf of] one who is of age, how much more so on behalf of a minor'. R. Judah stated,  'R. Eliezer said: On the Sabbath his [verbal] instructions are legally valid, because he is unable to write, but not on a week-day. R. Joshua said: [If] they said [this] in [respect of] the Sabbath, how much more so in [the case of] a week-day. Similarly: One may acquire ownership on behalf of a minor but not on behalf of [a person who is] of age; these are the words of R. Eliezer. R. Joshua said: [If they allowed possession to be acquired] on behalf of a minor, how much more so on behalf of[a person who is] of age. MISHNAH. [IN THE CASE WHERE] A HOUSE  COLLAPSED UPON A MAN  AND HIS FATHER OR UPON A MAN  AND THOSE WHOSE HEIR HE IS,  AND [THAT PERSON] HAD AGAINST HIM [THE CLAIM OF] A WOMAN'S KETHUBAH  OR [THAT OF] A CREDITOR;  [AND, IN THE FIRST CASE]. THE HEIRS OF THE FATHER PLEAD [THAT] THE SON DIED FIRST AND THE FATHER AFTERWARDS,  WHILE THE CREDITORS PLEAD [THAT] THE FATHER DIED FIRST AND THE SON AFTERWARDS,  BETH SHAMMAI HOLD  [THAT THE AMOUNT IN DISPUTE IS] TO BE DIVIDED,  AND BETH HILLEL HOLD  [THAT] THE ESTATE [IS TO REMAIN] IN ITS FORMER STATUS. GEMARA. We learnt elsewhere: He who lends [money] to another on a bond  [is entitled to] collect [his debt] from [the borrower's] lands [even though they were subsequently] mortgaged.  [If, however, the loan was made] in the presence  of witnesses  it may be collected from free  property [only].  Samuel inquired: What [is the law in the case where the borrower entered in the bond]. 'that I may acquire'.  and he acquired?  According to R. Meir who holds [the view that] a person may transfer possession of something that has not [yet] come into existence, there can be no question; for [the lender] has undoubtedly acquired possession.  The question arises according to [the view of] the Rabbis who maintain [that] a person may not transfer possession of something that has not [yet] come into existence. R. Joseph said, Come and hear: And the Sages Say: This [creditor] who sold him  the land  was prudent, because thereby  he was in a position to take from him a pledge.  Raba said to him: You mean,  'from him'!  From him  [surely], even the cloak that is upon his shoulders [may be seized]!  Our question, however, is what [is the law in the case] where [the borrower entered in the bond]. 'That I may acquire'. [and] he [subsequently] bought and sold, [or where he entered] 'That I may acquire' [and] he [subsequently] bought or transmitted [his purchase] as an inheritance? R. Hana replied, Come and hear: [IN THE CASE WHERE] A HOUSE COLLAPSED UPON A MAN AND HIS FATHER [OR] UPON A MAN AND THOSE WHOSE HEIR HE IS, AND [THAT PERSON] HAD AGAINST HIM [THE CLAIM OF] A WOMAN'S KETHUBAH OR [THAT OF] A CREDITOR; [AND. IN THE FIRST CASE]. THE HEIRS OF THE FATHER PLEAD [THAT] THE SON DIED FIRST AND THE FATHER AFTERWARDS, WHILE THE CREDITORS PLEAD [THAT] THE FATHER DIED FIRST etc. Now, if it were to be assumed [that where a borrower entered in the bond]. 'that I may acquire'. [and] he [subsequently] bought and sold, [or where he entered]. 'that I may acquire'. and he [subsequently] bought or transferred [his purchase] as an inheritance, [the land] does not become mortgaged [to the creditor, what claim could the creditors advance?] Even if it were granted that the father had died first [and that the son, had consequently. inherited his estate]. this [is merely another form of the case where a bond contains the entry] 'that I may acquire'!  R. Nahman said to them: Our colleague Zera has explained this [as follows]: It is the moral duty of the orphans to repay the debt of their father. R. Ashi demurred: This [surely] is a verbal loan,  and both Rab and Samuel stated [that] a verbal loan cannot be collected either from the heirs or from the buyers!