Gittin

With regard to a kabbelan for a debt, all are agreed that he does become responsible.  With regard to a surety for a debt and a kabbelan for a Kethubah there is a difference of opinion, some holding that even though [the debtor] had no property they become responsible, and others holding that if he had effects they become responsible, but if he had no effects they do not. The law in all these cases is that even if [the debtor] had no property [the surety or go-between] becomes responsible, save in the case of the surety for a Kethubah, who does not become responsible even if [the husband] has effects. The reason is that he performs a pious action,  and he does not cause the woman any loss. Rabina said:  Let us look at the basis of our regulation. It is that more than the man desires to marry the woman desires to be married. Now if you suppose [that the Mishnah refers] to orphans [when it says that the woman collects from the poorest land], then the reason would be that they are orphans. Is this not a refutation of Mar Zutra? — It is. Mar Zutra the son of R. Nahman said in the name of R. Nahman: If a claim is made from orphans on the strength of a bond [given by their father], even though the best land is mentioned in it, payment can be recovered only from the worst. Abaye said: The proof of this  is that although a creditor has ordinarily the right to collect from medium land, from orphans he can recover only from the worst land. Said Raba to him: Is this really so?  According to Scriptural law, a creditor can claim only from the worst land, as laid down by 'Ulla; for 'Ulla said, 'The Torah has enacted that a creditor should collect from the worst land. For it says Thou shalt stand without, and the man  etc. What would a man naturally bring out in such a case? His least valuable articles. Why then did they [the Rabbis] say that a creditor should collect from medium property? So as not to place obstacles in the way of borrowers. Where orphans are concerned, however, they left the law as it was laid down in the Torah.'  But here, since according to the Torah he can claim from the best land,  [I should say that] from orphans also he can claim from the best land? How can Raba [maintain this], seeing that Abram [of] Hozae  learnt, 'Claims on orphans can be recovered only from their poorest land, even if these are in [compensation] for damage,' and the law that compensation for damage can be claimed from the best is of the Torah? — We are presuming here  that the best of the claimant was only equal to the worst of the defendant, and are following R. Ishmael who said that the law of the Torah is that we should assess on the property of the claimant, but to prevent abuses the Rabbis ordained that the assessment should be made on the property of the defendant, and where orphans were concerned [the Rabbis] left the law as laid down in the Torah. Still did not R. Eliezer the Nabatean state that 'payment recoverable from the property of orphans can be claimed only from their worst land, even if it is the best'? Now what is meant by the words, 'even if it is the best'? Does it not mean, 'even if the best is stipulated in the bond'?  — No; what is meant by 'the best' here is the strips of the best,  even as [mentioned also by] Raba. For Raba said: 'If the damage was done to the worst land, the claimant recovers from the best; if to the strips of the best, he recovers from the medium.'  Where orphans however were concerned the Rabbis left the law as laid down in the Torah. PAYMENT FROM ORPHANS CAN BE RECOVERED ONLY FROM THE POOREST LAND. R. Ahadboi b. Ammi asked: Are the orphans spoken of here minors, or are grown-ups also included? [That is to say,] were the Rabbis here taking a measure for [the protection of] orphans,  in which case they meant it to apply only to minor orphans but not to grown-ups, or was their reason that a lender does not ordinarily take into account the risk of the debtor dying and leaving his property to his orphans, so that there is no question of placing obstacles  in the way of borrowers,  and [consequently the regulation applies] to grown-ups also? — Come and hear what Abaye the elder stated, viz., that the orphans spoken of here mean grown-ups, and a fortiori the rule applies to minors. But perhaps this statement [was made] in connection with the administering of an oath,  because a grown-up is also like a child in relation to his father's affairs,  and this is not [the rule for payment out of] lowest-grade land? The law however is