1)

WHEN A CREDITOR DOES NOT GET BEINONIS [line 5 from end on previous Amud]

(a)

Question (Beraisa #1): If a man only has Idis, all (damages, debts and Kesuvos) are collected from Idis;

1.

If he only has Beinonis, all collect from Beinonis. If he only has Ziburis, all collect from Ziburis.

2.

If he has all three qualities, victims collect from Idis, creditors from Beinonis, and Kesuvos from Ziburis.

3.

If he has (only) Idis and Beinonis, damages collect from Idis, and debts and Kesuvos are collected from Beinonis;

4.

If he has Beinonis and Ziburis, damages and debts are collected from Beinonis, and Kesuvos are collected from Ziburis;

5.

If he has Idis and Ziburis, damages collect from Idis, and debts and Kesuvos are collected from Ziburis.

6.

(Summation of question): When he has Beinonis and Ziburis, why does a creditor get Beinonis? If it depends on the person's land, his Beinonis is his Idis, so the creditor should get Ziburis!

(b)

Answer: The case is, the borrower had Idis and sold it (the creditor already had a lien on the Beinonis).

(c)

Also Rav Chisda gave this answer.

(d)

Support (Beraisa #2): If he has Beinonis and Ziburis, damages are collected from Beinonis, debts and Kesuvos are collected from Ziburis.

1.

Question: This contradicts Beraisa #1!

2.

Answer #1: Beraisa #1 discusses when the borrower had Idis and sold it. Beraisa #2 discusses when he never had Idis.

3.

Answer #2: In both Beraisos, he did not (have or) sell Idis;

i.

In Beraisa #1, his Beinonis was like world Idis. In Beraisa #2, it is not.

4.

Answer #3: In both Beraisos, his Beinonis is not like world Idis;

i.

The first Tana (of Beraisa #1) holds it depends on his land. Tana #2 holds that it depends on the world standard.

5.

Answer #4 (Ravina): The Beraisos argue about Ula's law.

i.

(Ula): Mid'Oraisa, a creditor collects Ziburis. "You will stand outside, and the borrower will give to you a security (from his house)." Surely, the borrower will give a low quality security!

ii.

Chachamim enacted that creditors collect Beinonis, lest people be reluctant to lend.

iii.

Tana #1 holds like Ula. Tana #2 holds that no enactment was made.

2)

COLLECTING FROM BUYERS [line 26]

(a)

(Beraisa): If a debtor sold (Idis, Beinonis and Ziburis) to one person, or to three people at the same time, they are all are in place of the seller. (Victims, creditors and ex-wives collect from what they are entitled to, i.e. Idis, Beinonis and Ziburis, respectively.)

1.

If they bought at different times, all collect from the last buyer.

2.

If after collecting all his land there are still debts, they collect from the previous buyer. When his land is finished, they collect from the previous buyer.

(b)

Question: What is the case in which one person bought all the land?

1.

Suggestion: He bought all three lands at the same time.

2.

Rejection: When three people bought (on the same day), it is possible that they bought at different times on that day, still we say that they are all in place of the seller;

i.

When one person bought all the property, we need not teach that he is in place of the seller!

(c)

Answer: Rather, he bought at three different times.

(d)

Question: When three people bought at different times, all collect from the last. Surely, this is because the previous buyers can say 'I left you room to collect from (the seller. I.e., when I bought, he still had other land. You must collect that other land before you can take my property)';

1.

Also one person can say 'I first bought the Idis and Beinonis, leaving you room to collect from the Ziburis!'

(e)

Answer: The case is, the last land he bought was Idis.

(f)

Question: If so, everyone should collect from Idis!

(g)

Answer #1: The buyer threatens them 'be satisfied with what you are entitled to. If not, I will return the document of sale of Ziburis to the seller, and you will all collect Ziburis!'

8b----------------------------------------8b

(h)

Objection: If so, he can also threaten the victim (to accept Beinonis). Why does the victim get Idis?

(i)

Answer: The case is, the seller died. Orphans have no Mitzvah to pay their father's obligation (from their own property. Even if the buyer will return the Ziburis, this is like land the orphans bought, so the victim does not collect from it.) The victim's lien is against the buyer.

(j)

Objection: This is no reason why he cannot threaten the victim! (He can threaten to return the Idis and Beinonis, and the victim will collect Ziburis! The Rashba explains that we discuss minor orphans, and he will not collect until they mature.)

(k)

Answer #2 (to Question (f)): Rather, the buyer tells them 'we do not collect from Meshu'abadim when there are Bnei Chorin. This is an enactment to help the buyer. I do not want the enactment!'

(l)

This is like Rava taught (elsewhere).

1.

(Rava): If one says 'I don't want the enactment that Chachamim made to help me' in a case like this, this claim is accepted.

2.

Question: To which case does Rava refer?

3.

Answer: He discusses Rav Huna's law, that a woman can tell her husband 'do not feed me, and I will not work for you.' (Chachamim enacted for her sake that she works for her husband, and he feeds her.)

(m)

If Levi bought all three lands (Idis was the last), and sold the Beinonis and Ziburis, clearly, everyone collects from Idis. This is because they have a lien on it, and he cannot give to them Beinonis or Ziburis in its place;

(n)

Question: If he sold only the Idis, what is the law?

(o)

Answer #1 (Abaye): Everyone collects from Idis.

(p)

Objection (Rava): The first seller sold all rights he had to the property. If Levi still had all the property, he could tell (the creditors and ex-wives) to collect from Beinonis and Ziburis, even though he bought the Idis last;

1.

He can say 'I don't want the enactment that we do not collect from Meshu'abadim when the debtor still has land' (for this would entitle them to collect the Idis).

2.

Also Levi sold all rights he had to the property, which includes the right to say that the enactment does not apply (so debts and Kesuvos will be collected from Beinonis and Ziburis.)

(q)

(Implied answer #2 - Rava): Everyone collects like their normal law.

(r)

(Rava): If Reuven sold all his fields to Shimon, and Shimon sold one field to Levi, Reuven's creditor may choose to collect from Shimon or Levi.

1.

This is only if Shimon sold Beinonis. If he sold Idis or Ziburis, Levi can say 'I was careful to buy land you cannot collect from.'

2.

Also, this is only when Levi bought all the Beinonis. If not, he can say, I left you room to collect from Shimon.

(s)

Version #1 (Abaye): If Reuven sold land to Shimon with Achrayus (responsibility to compensate him if it is taken away), and Reuven's creditor Levi collected it, Reuven can take Levi to Beis Din (if he says that Levi was not entitled to take it);

1.

Levi cannot say, you have no claim against me (only Shimon does), because Shimon will force Reuven to compensate him.

(t)

Version #2: Even if Reuven sold to Shimon without Achrayus, Reuven can take Levi to Beis Din.

1.

Reuven can say, I don't want Shimon to have complaints against me (that I caused him a loss).