Ketubot

the heirs have already acquired ownership thereof, so [also where the estate was] small and it appreciated the other heirs  have already  acquired ownership thereof. (Mnemonic:  A thousand and a hundred duty in a kethubah, Jacob put up his fields by words [of] claimants.) A man against whom there was a claim of a thousand zuz had two mansions each of which he sold  for five hundred zuz. The creditor thereupon came and distrained on one of them and then he was going to distrain on the other. [Whereupon the purchaser] took one thousand zuz, and went to [the creditor] and said to him, 'If [the one mansion] is worth to you one thousand zuz, well and good; but if not, take your thousand  zuz and go'.  Rami b. Hama [in dealing with the question] proposed that this case was exactly analogous to that in our Mishnah: IF THE ORPHANS [OF ONE OF THE WIVES] SAID, 'WE ARE OFFERING FOR OUR FATHER'S ESTATE ONE DENAR MORE'.  But Raba said to him, 'Are the two cases at all alike? There  the orphans  would be suffering a loss, but here, does the creditor suffer any loss? He only advanced a thousand zuz and a thousand zuz he receives And for what amount is the tirpa  made out?  — Rabina said: For a thousand zuz. R. 'Awira said: For five hundred. And the law is [that the tirpa is made out] for five hundred. A certain man against whom someone had a claim for a hundred zuz had two small plots of land each of which he sold  for fifty zuz. His creditor came and distrained on one of them and then he came again to distrain on the other. [The purchaser. thereupon.] took a hundred zuz and went to him and said, 'If [one of the plots] is worth a hundred zuz  to you. well and good; but if not, take the one hundred zuz and go'.  R. Joseph [in considering the question] proposed to say that this was a case exactly analogous to that in our Mishnah: IF THE ORPHANS [OF ONE OF THE WIVES] SAID  etc. But Abaye said to him, 'Are the two cases at all alike? There the orphans would have suffered a loss, but here, what loss would [the creditor] have? He lent a hundred and receives a hundred'. For what amount is the tirpa made out? — Rabina said: For a hundred. R. 'Awira said: For fifty. And the law is [that it is made out] for fifty. A certain man against whom there was a claim for a hundred zuz died and left a small plot of land that was worth fifty zuz. As his creditor came and distrained on it the orphans went to him and handed to him fifty zuz. Thereupon he distrained on it again. When they came [with this action] before Abaye. he said to them, 'It is a moral duty incumbent upon orphans  to pay the debt of their father.  With the first payment you have performed a moral duty. and now that he has seized [the land again] his action is perfectly lawful',  This ruling. however, applies only in the case where [the orphans] did not tell him,  'These fifty zuz are for the price of the small plot of land', but if they did tell him, 'these fifty zuz are for the price of the small plot of land',  they have thereby entirely dismissed him, A certain man  once sold the kethubah of his mother  for a goodwill [price]  and said to [the buyer], 'If mother comes and raises objections I shall not pay you any compensation'.  His mother then died having raised no objections. but he himself  came and objected.  Rami b. Hama [in discussing the case] proposed to decide that he  takes the place of his mother. Raba, however, said to him: Granted that he did not accept any responsibility for her action, did he not accept responsibility for his own action either? Rami b. Hama stated: If Reuben  sold a field to Simeon  without a guarantee  and Simeon then re-sold it to Reuben with a guarantee