POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Kesuvos 92
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KESUVOS 92 - dedicated by Rav Mordechai Rabin (London/Har Nof) for the
Yahrzeit of his mother (28 Sivan).
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1) RESPONSIBILITY FOR LAND TORN AWAY
(a) Reuven's creditor took the land. Shimon must compensate
Reuven.
(b) Objection (Rava): Granted, Shimon accepted responsibility
for others, but not if the land is taken because of
Reuven!
(c) Rava admits in the following case. Reuven inherited a
field from Yakov, and sold it to Shimon, without
responsibility; Shimon sold it back to Reuven, with
responsibility. Yakov's creditor took the field from
Reuven.
1. Shimon must compensate Reuven - the creditor of
Yakov is as a regular creditor (i.e. is not as
Reuven's creditor).
(d) (Rami Bar Chama): Reuven sold a field to Shimon with
responsibility, and Shimon wrote a document saying that
he owes the money. Reuven died, and Reuven's creditor
took the field from Shimon. Shimon persuaded him to take
money in place of the field.
1. Reuven's children can say, our father left
Metaltelim by you, and a creditor cannot take
Metaltelim of orphans (i.e. you are exempted from
paying for the field; also, since we inherited no
land, you cannot collect compensation from us).
(e) (Rava): If Shimon is clever, he will pay the orphans with
land, and he can collect compensation from it, as Rav
Nachman taught.
1. (Rav Nachman): Orphans that collected land for their
father's debt, a creditor can collect from it.
2) A CREDITOR COLLECTS MIDDLE QUALITY LAND
(a) (Rabah): Reuven sold all his fields to Shimon; Shimon
sold one of them to Levi. Reuven's creditor comes to take
a field - he may collect from whomever he wants.
1. This only applies if Levi bought Beinonis (middle
quality land); but if he bought high or low quality
land, Levi can say, I toiled to buy land that is not
fit for you to collect!
2. Even when he bought Beinonis - the creditor only has
a choice from whom to collect if Levi bought all the
Beinonis that Shimon bought from Reuven - but if he
left some over, he can say, I left you place to
collect from!
92b---------------------------------------92b
3) A CREDITOR THAT TAKES LAND, THE BORROWER IS INVOLVED
(a) Version #1 (Abaye): Reuven sold a field to Shimon with
responsibility, and Reuven's creditor comes to take it.
Reuven can claim in Beis Din to try to stop him.
1. The creditor cannot say, you have no case with me,
since Reuven can say, the one you take from will
demand payment from me.
2. Version #2 (Abaye): Even if the field was sold
without responsibility, Reuven can say, I do not
want that Shimon should have complaints against me.
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