More Discussions for this daf
1. Relinquishing One's Share at the Expense of Another 2. Insolvent estates 3. Strange Ukimtos?
4. Prof. Aumann's Lecture 5. Rashi's Opinion of the Division of the Estate
DAF DISCUSSIONS - KESUVOS 93

Amnon Melzer asked:

Dear Rabbi

I'm hoping you may be able to help. I'm doing some research on divisions of insolvent estates - the interest is generated by the fascinating discussion in the Talmud on the topic in Ketubot 93A (a man has three wives and dies, one claims 100, once claims 200, and he last claims 300...)

The basic question is : How do you divide an insolvent estate up to all creditors when there is not enough to go around? (The obvious answer is a split in proportion to the size of each claim, but are you aware of others in Jewish (or secular, modern or ancient) texts? For example, methods which consider the number of different claims, not only the $ amount of each claim?

Thus far, I have stumbled upon a method used by the Rambam, and another by the Rabad - both linked the discussion on auctions in Erakhin 27B. I also know of the disputed garment problem in Baba Metzia 2A. But that's as much as I know. Surely the modern idea of splitting the estate in proportion to the claims appears somewhere in the Talmud.

I am not fussy regarding the exact relevance of a particular text. If anything can shed some light on the matter, I'd be grateful for it (e.g. in the contested garment problem, the validity of the claims is in dispute, unlike the insolvent estate problem where there is simply not enough to go around ­ but both consider disputed ownership of something with some sharing of the spoils.)

Thanks in advance.

Amnon Melzer, Cape Town, South Africa

The Kollel replies:

An important place to research is the Mishna in Kesuvos (84a) which discusses a case of someone who dies, leaving a widow, creditors, and inheritors to claim a deposit which he left with a third party. There is an argument in the Mishna who is entitled to the deposit, which is not enough for all of them. The Gemara discusses the Mishna at length.

All the best,

Yaakov Montrose