Soncino English Talmud
Ketubot
Daf 86a
She might remit her mother's kethubah in favour of her father, and then she may inherit it frons him'. When she heard this she went and remitted it [in her father's favour]. Thereupon R. Nahman said: 'We have put ourselves in the [unenviable] position of legal advisers'. What was the opinion that he held at first and what made him change it afterwards? — At first he thought [of the Scriptural text.] And that thou hide not thyself from thine own flesh, but ultimately he realized that [the position of] a noted personality is different [from that of the general public]. [Reverting to] the main text; Samuel said, 'If a man sold a bond of indebtedness to another person, and then he released the debtor, the latter is released; and, moreover, even [a creditor's] heir may release [the debtor].' Said R. Huna the son of R. Joshua; But if he is clever he rattles some coins in his face and [the latter] writes the bond in his name. Amemar said; He who adjudicates [liability] in an action [for damage] caused indirectly would here also adjudge damages to the amount [recoverable] on a valid bond, but he who does not adjudicate [liability] in an action for damage caused indirectly would here adjudge damages only to the extent of the value of the mere scrap of paper. Such an action was [once tried] when through Rafram's insistence R. Ashi was compelled to order the collection [of damages] in the manner of a beam that is fit for decorative mouldings. Amemar stated in the name of R. Hama; If a man has against him, the claim of his wife's kethubah and that of a creditor, and he owns a plot of land and has also ready money, the creditor's claim is settled by means of the ready money while the woman's claim is settled by means of the land, the creditor being treated in accordance with his rights, and the wife in accordance with her rights. If, however, he owns only one plot of land and it suffices to meet the claim of one only, it is to be given to the creditor; it is not to be given to the wife. What is the reason? — More than the man's desire to marry is the woman's desire to be married. Said R. Papa to R. Hama, Is it a fact that you have stated in the name of Raba; If a man, against whom there was a monetary claim owned a plot of land, and who, when his creditor approached hini with the claim for repayment, replied, 'Collect your loan from the land', he is to be ordered [by the court,] 'You must yourself go and sell it, bring [the net proceeds] and deliver it to him'? 'No', the other replied. 'Tell me then', [the first said to him,] 'how the incident had actually occurred'. '[The debtor]' the other replied, 'alleged that his money belonged to an idolater; and since he acted in an improper manner he was similarly treated in an improper manner'. Said K. Kahana to R. Papa; According to the statement you made that the repayment of [a debt to] a creditor is a religious act, what is the ruling where [a debtor] said, 'I am not disposed to perform a religious act'? — 'We', the other replied. 'have learned: This applies only to negative precepts, but in the case of positive precepts, as for instance, when a man is told, 'Make a sukkah' and he does not make it [or, 'Perform the commandment of the] lulab' and he does not perform it
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