creditor

And this is the manner of the release: Every creditor that lendeth ought unto his neighbour shall release it; he shall not exact it of his neighbour, or of his brother; because it is called the LORD’s release.

Now there cried a certain woman of the wives of the sons of the prophets unto Elisha, saying, Thy servant my husband is dead; and thou knowest that thy servant did fear the LORD: and the creditor is come to take unto him my two sons to be bondmen.

There was a certain creditor which had two debtors: the one owed five hundred pence, and the other fifty.

He said, "A [creditor] owned a vineyard. He leased it out to some sharecroppers to work it so he could collect its fruit. "He sent his servant so that the sharecroppers could give him the fruit of the vineyard. They seized his servant, beat him, and nearly killed him. "The servant went back and told his master. His master said, 'Maybe he just didn't know them.' He sent another servant, but the tenants beat that one too. "Then the master sent his son, thinking, 'Maybe they'll show some respect to my son.' "Because they knew that he was the heir of the vineyard, the sharecroppers seized and killed him. Anyone who has ears to hear should hear!"

And when he had thus spoken, some of them that stood by said: It is time for the creditor to receive the debt. And he said unto them: He that is lord of the debt desireth alway to receive more; but let us give him that which is due. And he blessed them, and took bread and oil and herbs and salt and blessed and gave unto them; but he himself continued his fast, for the Lord's day was coming on. And when night fell and he slept, the Lord came and stood at his head, saying: Thomas, rise early, and having blessed them all, after the prayer and the ministry go by the eastern road two miles and there will I show thee my glory: for by thy going shall many take refuge with me, and thou shalt bring to light the nature and power of the enemy. And he rose up from sleep and said unto the brethren that were with him: Children, the Lord would accomplish somewhat by me to-day, but let us pray, and entreat of him that we may have no impediment toward him, but that as at all times, so now also it may be done according to his desire and will by us. And having so said, he laid his hands on them and blessed them, and brake the bread of the eucharist and gave it them, saying: This eucharist shall be unto you for compassion and mercy, and not unto judgement and retribution. And they said Amen.

Those who have borrowed either silver or any sort of fruits, whether dry or wet, [I mean this, when the Jewish affairs shall, by the blessing of God, be to their own mind,] let the borrowers bring them again, and restore them with pleasure to those who lent them, laying them up, as it were, in their own treasuries, and justly expecting to receive them thence, if they shall want them again. But if they be without shame, and do not restore it, let not the lender go to the borrower's house, and take a pledge himself, before judgment be given concerning it; but let him require the pledge, and let the debtor bring it of himself, without the least opposition to him that comes upon him under the protection of the law. And if he that gave the pledge be rich, let the creditor retain it till what he lent be paid him again; but if he be poor, let him that takes it return it before the going down of the sun, especially if the pledge be a garment, that the debtor may have it for a covering in his sleep, God himself naturally showing mercy to the poor. It is also not lawful to take a millstone, nor any utensil thereto belonging, for a pledge, that the debtor, may not be deprived of instruments to get their food withal, and lest they be undone by their necessity.

“The days are few, and the creditor is urgent; the herald crieth aloud daily, and the reapers of the land are few; and those who are about the end of the vineyard attend not, and have not known where may be the lawful place. (That is, do not study holiness, which is called the vineyard.)

One who possesses two hundred zuz, may not take gleanings” the forgotten sheaf, peah or the poor man’s tithe. If he possesses two hundred minus one denar, then even if a thousand [men] each give him at the same time, he may accept. If he had [two hundred zuz] mortgaged to a creditor or to his wife’s ketubah, he may take. They do not force him to sell his house or his tools.

A pre-dated prozbul is valid, but a post-dated one, is invalid. Pre-dated loan documents [of loans] are invalid, but post-dated one valid. If one borrows from five persons, then he writes a separate prozbul for each [creditor]. But if five borrow from the same person, then he writes only one prozbul for them all.

A prozbul is written only for [a debt secured by] land. But if [the debtor] has none, then [the creditor] can give him title to a share, however small, of his own field. If he had land in pledge in a city, a prozbul can be written on it. Rabbi Hutzpit says: a prozbul may be written for a man on the security of his wife's property, or for an orphan on the security of property belonging to his guardian.

One who returns a debt [after] the seventh year, the [creditor] must say to [the debtor]: “I remit it.” But [the debtor] should say: “Even so [I will repay it].” [The creditor] may then accept it from him, because it says: “And this is the word of the release” (Deuteronomy 15:2). Similarly, when [an accidental] killer has been exiled to a city of refuge, and the citizens want to honor him, he must say to them: “I am a murderer.” If they say: “Even so, [we want to honor you], then he may accept [the honor] from them, because it says: “And this is the word of the murderer” (Deuteronomy 19:4).

One who returns a debt [after] the seventh year, the [creditor] must say to [the debtor]: “I remit it.” But [the debtor] should say: “Even so [I will repay it].” [The creditor] may then accept it from him, because it says: “And this is the word of the release” (Deuteronomy 15:2). Similarly, when [an accidental] killer has been exiled to a city of refuge, and the citizens want to honor him, he must say to them: “I am a murderer.” If they say: “Even so, [we want to honor you], then he may accept [the honor] from them, because it says: “And this is the word of the murderer” (Deuteronomy 19:4).

In what respect did they say that bikkurim are the property of the priest? In that he can purchase with bikkurim slaves and land and unclean beasts, and a creditor [of his] may take them for his debt, and his wife for her ketubah. As may be done with a Torah scroll. Rabbi Judah says: bikkurim may be given only to [a priest that is] a haver (an associate) and as a favor. But the sages say: they are given to the men of the mishmar, and they divide them among themselves as [they do] with all other consecrated objects.

They may not write loan documents during the festival; but if he [the creditor] does not trust him or he does not have food to eat, he may write. They may not write [Torah] scrolls, tefillin and mezuzot during the festival, nor may they correct [even] a single letter, even in the [ancient] Temple-scroll. Rabbi Judah says: a man may write tefillin and mezuzot for himself. And one may spin on his thigh the blue-wool for his fringe.

A man died and left a wife, a creditor, and heirs and he also had a deposit or a loan in the possession of others: Rabbi Tarfon says: It shall be given to the one who is under the greatest disadvantage. Rabbi Akiva says: We do not show mercy in a matter of law. Rather it shall be given to the heirs, for whereas all the others must take an oath the heirs need not take any oath.

If he left produce that was detached from the ground, whoever seizes it first acquires possession. If the wife took possession of more than the amount of her ketubah, or a creditor of more than the value of his debt, the balance: Rabbi Tarfon says: it should be given to the one who is under the greatest disadvantage. Rabbi Akiva says: we do not show mercy in a matter of law. Rather it shall be given to the heirs, for whereas all the others must take an oath the heirs need not take any oath.

If she produced a get without a ketubah, she collects her kethubah. [If she produced her] ketubah without a get, and she says, “My get was lost”, and he says, “My receipt was lost”, and also a creditor who produced a debt document that was unaccompanied by a prosbul, these are not paid back. Rabban Shimon ben Gamaliel says: from the time of danger a woman collects her ketubah with out a get and a creditor collects [his debt] without a prosbul. [A woman who produced] two letters of divorce and two ketuboth collects two kethuboth. Two kethuboth and one get or one kethubah and two gittin, or a kethubah, a get and [evidence of her husband’s] death, she collects one kethubah only, for a man who divorces his wife and then remarries her contracts his second marriage on the condition of the first kethubah. A minor whose his father had given him in marriage, the ketubah of his wife is valid, since it is on this condition that he kept her as his wife. A convert who converted with his wife, the kethubah remains valid, since it is on this condition that he kept her as his wife.

If she produced a get without a ketubah, she collects her kethubah. [If she produced her] ketubah without a get, and she says, “My get was lost”, and he says, “My receipt was lost”, and also a creditor who produced a debt document that was unaccompanied by a prosbul, these are not paid back. Rabban Shimon ben Gamaliel says: from the time of danger a woman collects her ketubah with out a get and a creditor collects [his debt] without a prosbul. [A woman who produced] two letters of divorce and two ketuboth collects two kethuboth. Two kethuboth and one get or one kethubah and two gittin, or a kethubah, a get and [evidence of her husband’s] death, she collects one kethubah only, for a man who divorces his wife and then remarries her contracts his second marriage on the condition of the first kethubah. A minor whose his father had given him in marriage, the ketubah of his wife is valid, since it is on this condition that he kept her as his wife. A convert who converted with his wife, the kethubah remains valid, since it is on this condition that he kept her as his wife.

If a man who was married to two wives sold his field, and the first wife wrote to the buyer, “I have no claim whatsoever upon you”, the second wife may take [the field] away from the buyer, and the first wife from the second, and the buyer from the first wife; and so they go on in turn until they arrange a compromise between them. The same law applies also to a creditor and to a woman creditor.

If a man who was married to two wives sold his field, and the first wife wrote to the buyer, “I have no claim whatsoever upon you”, the second wife may take [the field] away from the buyer, and the first wife from the second, and the buyer from the first wife; and so they go on in turn until they arrange a compromise between them. The same law applies also to a creditor and to a woman creditor.

If she married, her husband must supply her with maintenance and they give her the cost of her maintenance. If they die, their daughters are maintained out of their free assets only but she must be maintained even out of assigned property, because she is like a creditor. Clever men used to write, “On condition that I shall maintain your daughter for five years while you are with me”.

Damages are paid out of [property of] the best quality; A creditor is paid out of land of medium quality, And a ketubah is paid out of land of the poorest quality. Rabbi Meir says that a ketubah is also paid out of medium quality land.

Similarly with betrothals and similarly with a debt. If a man’s creditor said to him, “Throw me my debt”, and he threw it to him, if it lands nearer to the creditor, the borrower is credited [with paying back his debt]; if it lands nearer to the borrower, the borrower is still obligated [to repay the money]; if it lands midway, they divide. If she was standing on a roof and he threw it up to her, as soon as it reaches the airspace of the roof, she is divorced. If he was above and she below and he threw it to her, once it has left the space of the roof, [even were it to be immediately] erased or burnt, she is divorced.

Similarly with betrothals and similarly with a debt. If a man’s creditor said to him, “Throw me my debt”, and he threw it to him, if it lands nearer to the creditor, the borrower is credited [with paying back his debt]; if it lands nearer to the borrower, the borrower is still obligated [to repay the money]; if it lands midway, they divide. If she was standing on a roof and he threw it up to her, as soon as it reaches the airspace of the roof, she is divorced. If he was above and she below and he threw it to her, once it has left the space of the roof, [even were it to be immediately] erased or burnt, she is divorced.

If while he was dragging [a sheep or ox] out it died in the owner’s domain, he is exempt. But if he had lifted it or taken it out of the owner’s domain and it died, he is liable. If he brought it as the firstborn offering for his son, or gave it to his creditor, or to an unpaid guardian, or to a borrower, or to a paid guardian, or to a hirer, and one of them was dragging it away and it died in the owner’s domain, he is exempt. If [one of them] had lifted it up or taken it outside the owner’s domain, he is liable.

If a man found debt documents he should not return them [to the creditor] if they recorded a lien on the [debtor’s] property, since the court would exact repayment from the property. But if they did not record a lien on the [debtor’s] property he may return them, since the court would not exact payment from the property, according to Rabbi Meir. But the Sages say: “In either case he should not return them, since [in either case] the court would exact payment from the property.”

What is usury (neshech) and what is increase (tarbit)? It is usury (neshech) when a man lends a sela for five dinars, or two seahs of wheat for three, because he bites (noshech) [off too much]. And what is increase? When a man increases [his gains] by [selling] produce. How is this so? [If] one bought wheat at a golden dinars [=25 silver dinars] for a kor when such was the market price, and then wheat rose to thirty [silver] dinars [per kor]. [If] he said to him, “Give me my wheat since I would sell it and buy wine with the proceeds” and the other said, “Let your wheat be reckoned with me at thirty dinars and you now have a claim on me for wine [to that value], although the creditor has no wine.

One may say to his fellow, “Help me weed and I will help you weed” or “Help me hoe and I will help you hoe.” But one may not say, “Help me weed and I will help you hoe”, or “Help me hoe and I will help you weed”. All days of the dry season are accounted alike, and all days of the rainy season are accounted alike. One may not say to another, “Help me plow in the dry season and I will help you plow in the rainy season.” Rabban Gamaliel says: “There is interest that is paid in advance and interest that is paid afterward. How is this so? If a one intended to borrow from another and made him a present and said, “This is so that you will lend to me”, this is interest that is paid in advance. If one borrowed from another and repaid it to him, and then sent a present and said, “This is for your money of which you have not had use while it was with me”, this is interest that is paid afterward. Rabbi Shimon says: “There is interest paid in words: one may not say to his creditor, “Know that such and such a person has come form such and such a place.”

These are the one who transgress a negative commandment: the lender, the borrower, the guarantor, and the witnesses. And the Sages say, “The scribe also.” They transgress the commandment, “You will not give him your money upon interest” (Leviticus 25:37), and “You shall not take usury from him” (Leviticus 25:36) and “You shall not be to him as a creditor” (Exodus 22:24), and “Nor shall you place upon him usury” (ibid.) and “You shall not put a stumbling block before the blind, and you will fear your God, I am the Lord” (Leviticus 19:14).

If one lent one’s fellow, he may exact a pledge from him only with the permission of a court, and he may not enter his house to take the pledge, as it is states, “You shall stand outside” (Deut. 24:1. If the borrower had two utensils, he may take one but must give back the other. And he must give back the pillow at night and the plow during the day. And if the creditor dies he need not return the pledge to his heirs. Rabban Shimon ben Gamaliel says: “Even to the debtor himself he need only return the pledge within thirty days [of the loan], and after thirty days he may sell it with the consent of the court. A pledge may not be taken from a widow, whether she be rich or poor, as it states, “Do not take the a widow’s garment as a pledge” (Deut. 24:17). If one takes a millstone as a pledge he violates a negative commandment and he is also in violation of both parts [of the millstone], as it states, “Do not take a mill or an upper millstone as a pledge” (Deut. 24:6). And they didn’t say just an upper millstone or a mill but anything that is necessary for food, as it states, “for that would be taking someone’s life as a pledge” (ibid.).

If the house fell down on a man and his father, or upon a man and any from whom he inherits, and he was liable for his wife’s ketubah or to a creditor: the father’s heirs say, “The son died first and the father died afterward”, and the creditors say, “The father died first and the son died afterward.” The School of Shammai says: “Let them split [the property].” The School of Hillel says: “The property remains in its former status [in the hands of those who inherit the father].”

A simple document requires two witnesses; a sewn document requires three. If a simple document has only one witness, or a sewn document has only two, they are both invalid. If it was written in a debt document: “100 zuz which are 20 sela (=80”, he (the creditor) can claim only 20 sela; if [it was written] “100 zuz which are 30 sela (=120” he (the creditor) can claim only 100 zuz. [If there was written in a debt document] “Silver zuzim which are …”, and the rest was erased, [the creditor can claim] at least two zuzim. [If there was written in a debt document] “Silver selas which are …”, and the rest was erased, [the creditor can claim] at least two selas. [If there was written in a debt document] “Darics which are …”, and the rest was erased, [the creditor can claim] at least two darics. If at the top was written a “maneh (100” and at the bottom “200 zuz”, or “200 zuz” at the top and “maneh” at the bottom, everything goes according to the bottom amount. If so, why is the figure written at the top of the document? So that, if a letter of the lower figure was erased, they can learn from the upper figure.

A simple document requires two witnesses; a sewn document requires three. If a simple document has only one witness, or a sewn document has only two, they are both invalid. If it was written in a debt document: “100 zuz which are 20 sela (=80”, he (the creditor) can claim only 20 sela; if [it was written] “100 zuz which are 30 sela (=120” he (the creditor) can claim only 100 zuz. [If there was written in a debt document] “Silver zuzim which are …”, and the rest was erased, [the creditor can claim] at least two zuzim. [If there was written in a debt document] “Silver selas which are …”, and the rest was erased, [the creditor can claim] at least two selas. [If there was written in a debt document] “Darics which are …”, and the rest was erased, [the creditor can claim] at least two darics. If at the top was written a “maneh (100” and at the bottom “200 zuz”, or “200 zuz” at the top and “maneh” at the bottom, everything goes according to the bottom amount. If so, why is the figure written at the top of the document? So that, if a letter of the lower figure was erased, they can learn from the upper figure.

A simple document requires two witnesses; a sewn document requires three. If a simple document has only one witness, or a sewn document has only two, they are both invalid. If it was written in a debt document: “100 zuz which are 20 sela (=80”, he (the creditor) can claim only 20 sela; if [it was written] “100 zuz which are 30 sela (=120” he (the creditor) can claim only 100 zuz. [If there was written in a debt document] “Silver zuzim which are …”, and the rest was erased, [the creditor can claim] at least two zuzim. [If there was written in a debt document] “Silver selas which are …”, and the rest was erased, [the creditor can claim] at least two selas. [If there was written in a debt document] “Darics which are …”, and the rest was erased, [the creditor can claim] at least two darics. If at the top was written a “maneh (100” and at the bottom “200 zuz”, or “200 zuz” at the top and “maneh” at the bottom, everything goes according to the bottom amount. If so, why is the figure written at the top of the document? So that, if a letter of the lower figure was erased, they can learn from the upper figure.

A simple document requires two witnesses; a sewn document requires three. If a simple document has only one witness, or a sewn document has only two, they are both invalid. If it was written in a debt document: “100 zuz which are 20 sela (=80”, he (the creditor) can claim only 20 sela; if [it was written] “100 zuz which are 30 sela (=120” he (the creditor) can claim only 100 zuz. [If there was written in a debt document] “Silver zuzim which are …”, and the rest was erased, [the creditor can claim] at least two zuzim. [If there was written in a debt document] “Silver selas which are …”, and the rest was erased, [the creditor can claim] at least two selas. [If there was written in a debt document] “Darics which are …”, and the rest was erased, [the creditor can claim] at least two darics. If at the top was written a “maneh (100” and at the bottom “200 zuz”, or “200 zuz” at the top and “maneh” at the bottom, everything goes according to the bottom amount. If so, why is the figure written at the top of the document? So that, if a letter of the lower figure was erased, they can learn from the upper figure.

A simple document requires two witnesses; a sewn document requires three. If a simple document has only one witness, or a sewn document has only two, they are both invalid. If it was written in a debt document: “100 zuz which are 20 sela (=80”, he (the creditor) can claim only 20 sela; if [it was written] “100 zuz which are 30 sela (=120” he (the creditor) can claim only 100 zuz. [If there was written in a debt document] “Silver zuzim which are …”, and the rest was erased, [the creditor can claim] at least two zuzim. [If there was written in a debt document] “Silver selas which are …”, and the rest was erased, [the creditor can claim] at least two selas. [If there was written in a debt document] “Darics which are …”, and the rest was erased, [the creditor can claim] at least two darics. If at the top was written a “maneh (100” and at the bottom “200 zuz”, or “200 zuz” at the top and “maneh” at the bottom, everything goes according to the bottom amount. If so, why is the figure written at the top of the document? So that, if a letter of the lower figure was erased, they can learn from the upper figure.

They may write out a bill of divorce for a man even if his wife is not with him, or a receipt (stating that the husband has paid the ketubah debt) for the wife even if her husband is not with her, provided that he (the scribe) knows them. And the husband pays the (scribe’s) fee. They may write out a document for the debtor even though the creditor is not with him, but they may not write out a document for the creditor unless the debtor is with him. And the debtor pays the (scribe’s) fee. They may write out a deed of sale for the seller although the buyer is not with him, but they may not write it out for the buyer unless the seller is with him. And the buyer pays the (scribe’s) fee.

They may write out a bill of divorce for a man even if his wife is not with him, or a receipt (stating that the husband has paid the ketubah debt) for the wife even if her husband is not with her, provided that he (the scribe) knows them. And the husband pays the (scribe’s) fee. They may write out a document for the debtor even though the creditor is not with him, but they may not write out a document for the creditor unless the debtor is with him. And the debtor pays the (scribe’s) fee. They may write out a deed of sale for the seller although the buyer is not with him, but they may not write it out for the buyer unless the seller is with him. And the buyer pays the (scribe’s) fee.

If a man had paid part of his debt and gave the debt document to a third party, and the debtor said to him, “If I have not paid you back by such and such a day, give him (the creditor) back the debt document” and the time came and he had not paid, Rabbi Yose says: “He should give it to him.” Rabbi Judah says: “He should not give it to him.”

If a man’s debt document was erased, he must have witnesses testify with regards to the loan, and come before the court to make this attestation: “So and so, the son of so and so, his debt document was erased on such and such a day, and so and so and so and so are his witnesses.” If a man had paid part of his debt, Rabbi Judah says: “He should exchange the debt document for a new one.” Rabbi Yose says: “He should write a receipt.” Rabbi Judah said: “It turns out that this one (the debtor) will have to guard his receipt from mice.” Rabbi Yose said to him: “That’s good for him, as long as the rights of the other (the creditor) have not been damaged.

If a man lent his fellow money by using a document, he may recover the debt from mortgaged property. But if he had lent only before witnesses (and not through a document), he may recover the debt only from unmortgaged property. If the [creditor] brought forth [a loan document] upon which appeared his (the debtor’s) signature as evidence that he was indebted to him, the creditor may recover the debt only from unmortgaged property. If a man signed as a guarantor after the signatures of witnesses, the creditor may recover the debt only from [the guarantor’s] unmortgaged property. Such a case came before Rabbi Yishmael and he said, “He may recover only from unmortgaged property”. Ben Nanos said to him: “He may recover the debt neither from mortgaged nor unmortgaged property.” He said to him: “Why?” He answered, “If a man seized a debtor by the throat in the street and his fellow found him and said ‘Leave him alone (and I will pay), he is not liable, since not through trust in him did the creditor lend the debtor money.” Rather which type of guarantor is liable? [If a man said], “Lend him money and I will pay thee”, he is liable, for he lent him the money through his trust in the guarantor. And Rabbi Yishmael said, “He who wants to be wise let him occupy himself with cases dealing with monetary matters, for there is no greater branch of Torah than this; for they are like a welling fountain; and he who wishes to occupy himself with laws concerning monetary matters, let him serve [as a pupil] of Shimon ben Nanos.

If a man lent his fellow money by using a document, he may recover the debt from mortgaged property. But if he had lent only before witnesses (and not through a document), he may recover the debt only from unmortgaged property. If the [creditor] brought forth [a loan document] upon which appeared his (the debtor’s) signature as evidence that he was indebted to him, the creditor may recover the debt only from unmortgaged property. If a man signed as a guarantor after the signatures of witnesses, the creditor may recover the debt only from [the guarantor’s] unmortgaged property. Such a case came before Rabbi Yishmael and he said, “He may recover only from unmortgaged property”. Ben Nanos said to him: “He may recover the debt neither from mortgaged nor unmortgaged property.” He said to him: “Why?” He answered, “If a man seized a debtor by the throat in the street and his fellow found him and said ‘Leave him alone (and I will pay), he is not liable, since not through trust in him did the creditor lend the debtor money.” Rather which type of guarantor is liable? [If a man said], “Lend him money and I will pay thee”, he is liable, for he lent him the money through his trust in the guarantor. And Rabbi Yishmael said, “He who wants to be wise let him occupy himself with cases dealing with monetary matters, for there is no greater branch of Torah than this; for they are like a welling fountain; and he who wishes to occupy himself with laws concerning monetary matters, let him serve [as a pupil] of Shimon ben Nanos.

If a man lent his fellow money by using a document, he may recover the debt from mortgaged property. But if he had lent only before witnesses (and not through a document), he may recover the debt only from unmortgaged property. If the [creditor] brought forth [a loan document] upon which appeared his (the debtor’s) signature as evidence that he was indebted to him, the creditor may recover the debt only from unmortgaged property. If a man signed as a guarantor after the signatures of witnesses, the creditor may recover the debt only from [the guarantor’s] unmortgaged property. Such a case came before Rabbi Yishmael and he said, “He may recover only from unmortgaged property”. Ben Nanos said to him: “He may recover the debt neither from mortgaged nor unmortgaged property.” He said to him: “Why?” He answered, “If a man seized a debtor by the throat in the street and his fellow found him and said ‘Leave him alone (and I will pay), he is not liable, since not through trust in him did the creditor lend the debtor money.” Rather which type of guarantor is liable? [If a man said], “Lend him money and I will pay thee”, he is liable, for he lent him the money through his trust in the guarantor. And Rabbi Yishmael said, “He who wants to be wise let him occupy himself with cases dealing with monetary matters, for there is no greater branch of Torah than this; for they are like a welling fountain; and he who wishes to occupy himself with laws concerning monetary matters, let him serve [as a pupil] of Shimon ben Nanos.

If a man lent his fellow money by using a document, he may recover the debt from mortgaged property. But if he had lent only before witnesses (and not through a document), he may recover the debt only from unmortgaged property. If the [creditor] brought forth [a loan document] upon which appeared his (the debtor’s) signature as evidence that he was indebted to him, the creditor may recover the debt only from unmortgaged property. If a man signed as a guarantor after the signatures of witnesses, the creditor may recover the debt only from [the guarantor’s] unmortgaged property. Such a case came before Rabbi Yishmael and he said, “He may recover only from unmortgaged property”. Ben Nanos said to him: “He may recover the debt neither from mortgaged nor unmortgaged property.” He said to him: “Why?” He answered, “If a man seized a debtor by the throat in the street and his fellow found him and said ‘Leave him alone (and I will pay), he is not liable, since not through trust in him did the creditor lend the debtor money.” Rather which type of guarantor is liable? [If a man said], “Lend him money and I will pay thee”, he is liable, for he lent him the money through his trust in the guarantor. And Rabbi Yishmael said, “He who wants to be wise let him occupy himself with cases dealing with monetary matters, for there is no greater branch of Torah than this; for they are like a welling fountain; and he who wishes to occupy himself with laws concerning monetary matters, let him serve [as a pupil] of Shimon ben Nanos.

A man who dedicates his possessions to the sanctuary while he is still liable for his wife's kethubah or in debt to a creditor, the wife cannot collect her ketubah from the consecrated property nor the creditor his debt. Rather he who redeems them must redeem for the purpose of paying the wife her ketubah or the creditor his debt. If he had dedicated ninety maneh, worth of property, and he owed one hundred maneh, then he [the creditor] must add one dinar more and he redeems the property for the purpose of paying the ketubah to the wife or the debt to the creditor.

A man who dedicates his possessions to the sanctuary while he is still liable for his wife's kethubah or in debt to a creditor, the wife cannot collect her ketubah from the consecrated property nor the creditor his debt. Rather he who redeems them must redeem for the purpose of paying the wife her ketubah or the creditor his debt. If he had dedicated ninety maneh, worth of property, and he owed one hundred maneh, then he [the creditor] must add one dinar more and he redeems the property for the purpose of paying the ketubah to the wife or the debt to the creditor.

A man who dedicates his possessions to the sanctuary while he is still liable for his wife's kethubah or in debt to a creditor, the wife cannot collect her ketubah from the consecrated property nor the creditor his debt. Rather he who redeems them must redeem for the purpose of paying the wife her ketubah or the creditor his debt. If he had dedicated ninety maneh, worth of property, and he owed one hundred maneh, then he [the creditor] must add one dinar more and he redeems the property for the purpose of paying the ketubah to the wife or the debt to the creditor.

A man who dedicates his possessions to the sanctuary while he is still liable for his wife's kethubah or in debt to a creditor, the wife cannot collect her ketubah from the consecrated property nor the creditor his debt. Rather he who redeems them must redeem for the purpose of paying the wife her ketubah or the creditor his debt. If he had dedicated ninety maneh, worth of property, and he owed one hundred maneh, then he [the creditor] must add one dinar more and he redeems the property for the purpose of paying the ketubah to the wife or the debt to the creditor.

A man who dedicates his possessions to the sanctuary while he is still liable for his wife's kethubah or in debt to a creditor, the wife cannot collect her ketubah from the consecrated property nor the creditor his debt. Rather he who redeems them must redeem for the purpose of paying the wife her ketubah or the creditor his debt. If he had dedicated ninety maneh, worth of property, and he owed one hundred maneh, then he [the creditor] must add one dinar more and he redeems the property for the purpose of paying the ketubah to the wife or the debt to the creditor.

MISHNAH: He who owns 200 zuz should not take gleanings, forgotten sheaves, peah, and tithes of the poor. If he had 199, even if a thousand people gave him at the same time, he should take. If they were mortgaged for his wife’s ketubah or for a creditor, he may take. One does not require him to sell his house or the vessels of daily use.

So far a creditor who pushes for payment. Also for a creditor who does not push for payment? Let us hear from the following: “If they were mortgaged for his wife’s ketubah or for a creditor.” Is the wife not like a creditor who does not push for payment? “One does not require him to sell.”

So far a creditor who pushes for payment. Also for a creditor who does not push for payment? Let us hear from the following: “If they were mortgaged for his wife’s ketubah or for a creditor.” Is the wife not like a creditor who does not push for payment? “One does not require him to sell.”

So far a creditor who pushes for payment. Also for a creditor who does not push for payment? Let us hear from the following: “If they were mortgaged for his wife’s ketubah or for a creditor.” Is the wife not like a creditor who does not push for payment? “One does not require him to sell.”

So far a creditor who pushes for payment. Also for a creditor who does not push for payment? Let us hear from the following: “If they were mortgaged for his wife’s ketubah or for a creditor.” Is the wife not like a creditor who does not push for payment? “One does not require him to sell.”

It was stated: “If somebody mortgages a field to a woman for her ketubah or a creditor for his claim and then sells it, that is sold and the buyer should beware for himself” This baraita if he said to her: you should be paid from this. They disagree if he says, you should only be paid from this.

MISHNAH: A predated prozbol is valid, postdated it is invalid. Predated documents of indebtedness are invalid, postdated they are valid. If one person borrows from five, one writes a prozbol for each single [creditor]. If five persons borrow from one, he writes only one prozbol for all of them. One writes prozbol only on the basis of real estate. If he has none, [the other party] gives him the right to a minute area of their field. If he had a field mortgaged in town, one writes a prozbol on it. Rebbi Ḥuẓpit says, one writes for a man on his wife’s properties and for orphans on those of the guardians. A bee hive. Rebbi Eliezer says, it is like real estate: one may write a prozbol on it, it is not subject to impurity in its place, and somebody who takes honey from it on the Sabbath is guilty. But the Sages say, it is not like real estate, one may not write a prozbol on it, it is subject to impurity in its place, and somebody who takes honey from it on the Sabbath is not sanctionable. If somebody returns a debt in the Sabbatical, he [the lender] says to him: “I am remitting.” If he [the borrower] says “anyway”, he [the lender] should accept it, for it is said (Deut. 15:2): “This is the word of remission”. Similarly, a homicide exiled to a city of refuge whom the citizens of the town wanted to honor, should say to them: I am a homicide. If they tell him, anyway, he should accept it, for it is said (Deut. 19:4): “This is the word of a homicide.”

Rav said, only if both lender and borrower have real estate. But Rebbi Joḥanan says, if the creditor does but not the borrower, or the borrower but not the lender. If he has no real estate but one who owes him has real estate then one writes him a prozbol. Rebbi Abba in the name of Rav: Even if he has only one stalk in a field, one writes him a prozbol. But did we not state: Partners, sharecroppers, and guardians have no prozbol? They say, there each single stalk is property of the partnership but here it is his.

MISHNAH: When did they say that additions to First Fruits follow the rules of First Fruits? If they come from the Land. But if they do not come from the Land, they do not follow the rules of First Fruits. Why did they say, First Fruits are the Cohen's property? He may use them to buy slaves, real estate, and impure animals. A creditor can take them for his claim and a woman for her ketuba, like a Torah scroll. And Rebbi Jehudah says, one gives them only to a fellow for goodwill, but the Sages say one gives them to the people of the watch and they distribute them among themselves like Temple-hallowed food.

Rav said, one who sits in a dilapidated house makes the Angel of Death to his creditor, as it is said, he claims death over them, as you say, if you have any claim against your neighbor.

There, we have stated: “A slave whom his master gave as mortgage to others and then freed him [in strict law does not owe anything, but for the public good one forces the master to formally manumit him and he writes a bond for his own value. Rabban Simeon ben Gamliel says, only the one who manumits writes.] Who frees? Rav says, either his first or his second master. Rebbi Joḥanan says, only his first master alone is able to free. Rebbi Haggai objected before Rebbi Yose: Does not a baraita disagree with Rav? If a Jew gave a loan to a Gentile on the latter’s leavened matter, it is permitted after Passover. If you say that the Jew has property rights in it, it would be forbidden. What does Rav do with this? Rebbi Yudan said, manumission is made easy, as it was stated: If somebody gives his slave as mortgage, if he sold him, he is not sold; if he freed him, he is freed. The strength of Rebbi Joḥanan is from the following: Rabban Simeon ben Gamliel says, only the manumittor writes. If somebody mortgaged his field to another, then went and sold it, can the creditor not come and foreclose? Rebbi Abbahu said, in this matter Rebbi Joḥanan opened for us a door to illuminate. We do not find that a slave can again be enslaved after having been freed. If that is so, he should not have to write a bond for his value! Rebbi Ila said, it is better that a person say to him, give me the 200 zuz which you owe me than say to him, you are my slave! The rabbis of Caesarea say in Rebbi Nasaʹs name: Rabban Simeon ben Gamliel follows Rebbi Meïr. Just as Rebbi Meïr imposes a fine for words, so Rabban Simeon ben Gamliel imposes a fine for words. As it was stated: With a bond documenting both principal and interest one can collect neither principal nor interest, the words of Rebbi Meïr. But the Sages say, one collects the principal but not the interest.

One time they needed to proclaim a fast but no rain fell. Rebbi Joshua ben Levi made (one) [a fast] in the South and rain fell. The Sepphoreans were saying, Rebbi Joshua ben Levi brought rain to the Southerners, but Rebbi Ḥanina stopped water for the Sepphoreans. They needed to make a fast a second time. He sent and brought Rebbi Joshua ben Levi. He said to him, would my Master be willing to go with us to fast. They both went to the fast but no rain fell. He came to preach and said before them, not Rebbi Joshua ben Levi brought rain to the Southerners, nor Rebbi Ḥanina stopped water for the Sepphoreans. Only the Southerners’ hearts are soft and they hear words of instruction and submit. But the Sepphoreans’ hearts are hard; they hear words of instruction and do not submit. When he came home he raised his eyes and saw the air clear. He said, is it still like this? Immediately rain fell. He vowed by himself not to do this again. He said, who am I to tell to the creditor not to collect his due?

Rebbi Jacob bar Aḥa said, there is disagreement about mortmain slaves. Rebbi Joḥanan said, if he sold them, they are not sold. Rebbi Eleazar said to him, they are eating heave by his power and you say so? He answered, do not paraphernalia slaves also eat by his power, and one says that if he sold them, they are not sold. From your own they gave to you. It would be logical that one should not eat heave. But they said that he eats, and they said, if he sold them, they are not sold. Rebbi Jacob bar Aḥa in the name of Rebbi Josiah. A baraita supports one and another baraita supports the other. A baraita supports Rebbi Eleazar: Paraphernalia slaves are freed on account of “tooth and eye” from the wife but not the husband. Mortmain slaves are freed by “tooth and eye” from the husband but not the wife. What does Rebbi Joḥanan do with this? They are quick to manumit, as we have stated: If somebody mortgages a slave and later sold him, he is not sold; if he freed him, he is freed. A baraita supports Rebbi Joḥanan: Neither mortmain slaves nor paraphernalia slaves are under the rules of “one or two days” and are freed by “tooth or eye” from neither the husband nor the wife. Where do they disagree? When he sold them forever or sold them for some time? If you say that he sold them permanently rather than temporarily, does everybody agree that they are sold? If you say that he sold them temporarily rather than permanently, does everybody agree that they are not sold? Let us hear from the following: If somebody mortgages his field to his wife for her ketubah or to a creditor for his claim and then sells it, it is sold and the buyer should beware for himself. Rabban Simeon ben Gamliel says, for the ketubah of the wife it is not sold since it is unthinkable that a woman should run around at courts of law. They said, Rebbi Eleazar parallels the rabbis, Rebbi Joḥanan Rabban Simeon ben Gamliel. That means, we deal with a temporary sale. But if he sold permanently, everybody agrees that they are not sold.

Rebbi Abbahu in the name of Rebbi Joḥanan: One does not say “his” but [ ]. In which respect? In case the heir took it, one removes it from his hand. Does one have the same rule for the creditor? Was it not stated: If either the heir or the creditor took it, one takes it from their hands? Rebbi Aḥa bar Ulla said, let us hear from the following: “If he dedicated 90 minas but his debt was 100 minas, [the creditor] adds another denar and redeems these properties.” Not necessarily a denar, but anything, that a dedication should not be seen to be profanated without redemption. Rebbi Abbahu in the name of Rebbi Joḥanan: One would be guilty of complete larceny. That is difficult. If one would be guilty of complete larceny, should if not be redeemed for its full value? If it can be redeemed for less than its full value, one should not be guilty of complete larceny! What are we talking about? If it is connected to the ground, can there be larceny about real estate? But we talk about standing grain. Since if the administrator misbehaved and took it, one does not take it from his hand; the administrator and the heir follow the same rule. Also if the heir misbehaved and took it, one does not take it from his hand. Rebbi Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan: The same rule holds for an ox. Can you say that an ox is real estate? Rebbi Tanḥum bar Mari in the name of Rebbi Yose: They made the rules for an ox parallel those of dedications that lost their value. Here, you say one takes it from his hand, but there you say, one does not take it from his hand. Since you diminished the woman’s power in that her ketubah is a lien only on the properties of her first husband, you strengthened her power in this matter that if the heir came and took it, one removes it from his hand. It was stated thus: Trees and cutting, old or young, one removes from their hands.

Rebbi Abbahu in the name of Rebbi Joḥanan: One does not say “his” but [ ]. In which respect? In case the heir took it, one removes it from his hand. Does one have the same rule for the creditor? Was it not stated: If either the heir or the creditor took it, one takes it from their hands? Rebbi Aḥa bar Ulla said, let us hear from the following: “If he dedicated 90 minas but his debt was 100 minas, [the creditor] adds another denar and redeems these properties.” Not necessarily a denar, but anything, that a dedication should not be seen to be profanated without redemption. Rebbi Abbahu in the name of Rebbi Joḥanan: One would be guilty of complete larceny. That is difficult. If one would be guilty of complete larceny, should if not be redeemed for its full value? If it can be redeemed for less than its full value, one should not be guilty of complete larceny! What are we talking about? If it is connected to the ground, can there be larceny about real estate? But we talk about standing grain. Since if the administrator misbehaved and took it, one does not take it from his hand; the administrator and the heir follow the same rule. Also if the heir misbehaved and took it, one does not take it from his hand. Rebbi Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan: The same rule holds for an ox. Can you say that an ox is real estate? Rebbi Tanḥum bar Mari in the name of Rebbi Yose: They made the rules for an ox parallel those of dedications that lost their value. Here, you say one takes it from his hand, but there you say, one does not take it from his hand. Since you diminished the woman’s power in that her ketubah is a lien only on the properties of her first husband, you strengthened her power in this matter that if the heir came and took it, one removes it from his hand. It was stated thus: Trees and cutting, old or young, one removes from their hands.

Rebbi Abbahu in the name of Rebbi Joḥanan: One does not say “his” but [ ]. In which respect? In case the heir took it, one removes it from his hand. Does one have the same rule for the creditor? Was it not stated: If either the heir or the creditor took it, one takes it from their hands? Rebbi Aḥa bar Ulla said, let us hear from the following: “If he dedicated 90 minas but his debt was 100 minas, [the creditor] adds another denar and redeems these properties.” Not necessarily a denar, but anything, that a dedication should not be seen to be profanated without redemption. Rebbi Abbahu in the name of Rebbi Joḥanan: One would be guilty of complete larceny. That is difficult. If one would be guilty of complete larceny, should if not be redeemed for its full value? If it can be redeemed for less than its full value, one should not be guilty of complete larceny! What are we talking about? If it is connected to the ground, can there be larceny about real estate? But we talk about standing grain. Since if the administrator misbehaved and took it, one does not take it from his hand; the administrator and the heir follow the same rule. Also if the heir misbehaved and took it, one does not take it from his hand. Rebbi Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan: The same rule holds for an ox. Can you say that an ox is real estate? Rebbi Tanḥum bar Mari in the name of Rebbi Yose: They made the rules for an ox parallel those of dedications that lost their value. Here, you say one takes it from his hand, but there you say, one does not take it from his hand. Since you diminished the woman’s power in that her ketubah is a lien only on the properties of her first husband, you strengthened her power in this matter that if the heir came and took it, one removes it from his hand. It was stated thus: Trees and cutting, old or young, one removes from their hands.

MISHNAH: If somebody died and left his wife, a creditor, and heirs, and he was owed a deposit or a debt by a third party, Rebbi Ṭarphon says, these should be given to the weakest among them. Rebbi Aqiba says, one does not show mercy in law! But these should be given to the heirs for all others have to swear, only the heirs do not have to swear.

MISHNAH: If he left produce taken from the ground, the one who takes them first acquires them. If the widow acquired more than her ketubah sum, or the creditor more than his claim, the remainder, Rebbi Ṭarphon says, should be given to the weakest among them. Rebbi Aqiba says, one does not show mercy in law! But it should be given to the heirs since all others have to swear, only the heirs do not have to swear.

That widow took a slave girl. The case came before Rebbi Isaac who said, what she took, she took. Rebbi Immi took her away, for she thought that she was hers but she was not hers. A similar case: The father of the sons of Shammai died and bequeathed a goat to them. The creditor came and took it. The case came before Rebbi Abbahu who said, he took his own property. Did we not state that if either an heir or a creditor came and took, one does [not] remove from his hand; for they thought they were theirs but they were not theirs. Rebbi Jacob bar Zabdi said, Rebbi Abbahu agrees that if they sold it, or gave it as a pledge, or moved it to another place, if then the creditor came and took it one removes it from his possession.

That widow took a slave girl. The case came before Rebbi Isaac who said, what she took, she took. Rebbi Immi took her away, for she thought that she was hers but she was not hers. A similar case: The father of the sons of Shammai died and bequeathed a goat to them. The creditor came and took it. The case came before Rebbi Abbahu who said, he took his own property. Did we not state that if either an heir or a creditor came and took, one does [not] remove from his hand; for they thought they were theirs but they were not theirs. Rebbi Jacob bar Zabdi said, Rebbi Abbahu agrees that if they sold it, or gave it as a pledge, or moved it to another place, if then the creditor came and took it one removes it from his possession.

That widow took a slave girl. The case came before Rebbi Isaac who said, what she took, she took. Rebbi Immi took her away, for she thought that she was hers but she was not hers. A similar case: The father of the sons of Shammai died and bequeathed a goat to them. The creditor came and took it. The case came before Rebbi Abbahu who said, he took his own property. Did we not state that if either an heir or a creditor came and took, one does [not] remove from his hand; for they thought they were theirs but they were not theirs. Rebbi Jacob bar Zabdi said, Rebbi Abbahu agrees that if they sold it, or gave it as a pledge, or moved it to another place, if then the creditor came and took it one removes it from his possession.

MISHNAH: If she produced her bill of divorce without a ketubah, she collects her ketubah. A ketubah without the bill of divorce when she says, I lost my bill of divorce but he says, I lost my receipt; similarly, the holder of an instrument of debt not accompanied by a prozbol; these shall not be paid. Rabban Simeon ben Gamliel says, since the times of the persecution, a woman collects without the bill of divorce and the creditor collects without prozbol.

Rebbi Ḥiyya bar Abba found Rebbi Jonathan’s prozbol and ran to give it to him. He said to him, I do not need it, as it was stated: The creditor can be believed if he says, I discarded this document and tore it up. Rebbi Jeremiah in the name of Rebbi Ḥiyya: The Mishnah says so: “Since the times of the persecution, a woman collects without the bill of divorce and the creditor collects without prozbol.” Is that not impossible? I tore it without discarding? Here, I discarded and tore it.

Rebbi Ḥiyya bar Abba found Rebbi Jonathan’s prozbol and ran to give it to him. He said to him, I do not need it, as it was stated: The creditor can be believed if he says, I discarded this document and tore it up. Rebbi Jeremiah in the name of Rebbi Ḥiyya: The Mishnah says so: “Since the times of the persecution, a woman collects without the bill of divorce and the creditor collects without prozbol.” Is that not impossible? I tore it without discarding? Here, I discarded and tore it.

It says only, “she died”. Therefore, if she was divorced, her status is that of a creditor. As it was stated: “He married a woman and wrote her a ketubah. He divorced her but did not pay the ketubah. He married another woman and wrote her a ketubah. He took back the first one and wrote her a ketubah in addition to the first ketubah. The [second ketubah] of the first [wife] has precedence over that of the second [wife] and her heirs, and the second [wife] and her heirs have precedence over the heirs of the first.”

MISHNAH: If somebody was married to two wives when he sold his field and the first wife wrote to the buyers “I have no claims against you”, the second takes from the buyer, the first from the second, and the buyer from the first; they go on in circles until they compromise between them. The same holds for a creditor and a woman who is a creditor.

MISHNAH: If somebody was married to two wives when he sold his field and the first wife wrote to the buyers “I have no claims against you”, the second takes from the buyer, the first from the second, and the buyer from the first; they go on in circles until they compromise between them. The same holds for a creditor and a woman who is a creditor.

HALAKHAH: “If somebody was married to two wives,” etc. Rebbi Yose said, this means that if somebody borrowed from two persons and the second comes and says to him, get up and let us settle, and [the borrower] says, will not in the end the first hear of it and come to foreclose, he [the second lender] may say let us settle, and if he forecloses, he forecloses. If he settled, one may assume that the first will come and foreclose. If he settled with the first, Rebbi Phineas said, such a case came before Rebbi Jeremiah who said, he settled. Rebbi Yose said, did he not write “what I shall acquire”? It happens only with an heir. Rebbi Ḥanina said, even with a creditor it can happen if he did not write “anything I shall acquire”, or if he said, “you shall not be paid except from this.” Rav Mattaniah said, this follows him who said, for ketubah but not for stipulations. But for him who said, for ketubah and for stipulations, does it not return?

MISHNAH: If the daughter married, the husband has to sustain her and they pay the cost of her sustenance. If they died, their daughters are supported from unincumbered property but she is supported from mortgaged property since her status is that of a creditor. The intelligent ones did write: On condition that I support your daughter for five years the entire time you are with me.

HALAKHAH: “If the daughter married, the husband has to sustain her,” etc. What is the status of the ketubah stipulations if he wrote them in the document? Rebbi Jacob bar Aḥa said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan said, he wrote them for emphasis; Rebbi Simeon ben Laqish said, he wrote them to collect from encumbered property. Rebbi Jeremiah switched the traditions. Rebbi Yudan said, a Mishnah supports him who said, he wrote them for emphasis, since we stated there: “One does not foreclose from mortgaged property to indemnify for produce or investment, or sustenance of widow and daughters, in order not to impede the economy.” Are [the first categories] not based on a document? Here also based on the document. Rebbi Ḥanania said, “since her status is that of a creditor”! Is that not based on a document? Here also based on the document.

HALAKHAH: “All the time she lives in her father’s house,” etc. For the good she received; her properties became delivered during her husband’s lifetime and after 25 years she gave up the claim to her ketubah. Rav Ḥiyya bar Ashi in the name of Rav Ḥiyya asked before Rebbi La: One understands for a woman who has no ketubah. But should a woman who has a ketubah not be able to collect forever? He answered him, it tells you more: Even a woman who has a ketubah collects only up to 25 years. The statement of Rebbi Eleazar says, the creditor collects forever. He said only, “the creditor”; but a woman can collect only up to years. Rebbi Abin said, this is reasonable only for a woman who is not being supported. But for a woman who is being supported, I say that she did not claim it because of her support.

HALAKHAH: “All the time she lives in her father’s house,” etc. For the good she received; her properties became delivered during her husband’s lifetime and after 25 years she gave up the claim to her ketubah. Rav Ḥiyya bar Ashi in the name of Rav Ḥiyya asked before Rebbi La: One understands for a woman who has no ketubah. But should a woman who has a ketubah not be able to collect forever? He answered him, it tells you more: Even a woman who has a ketubah collects only up to 25 years. The statement of Rebbi Eleazar says, the creditor collects forever. He said only, “the creditor”; but a woman can collect only up to years. Rebbi Abin said, this is reasonable only for a woman who is not being supported. But for a woman who is being supported, I say that she did not claim it because of her support.

Rebbi Simon in the name of Rebbi Joshua ben Levi: One stated this only for the ketubah of a mina or 200 [zuz]. But a ketubah of 1’000 denar she collects forever. Rebbi Abbahu quoted in the name of Rebbi Joḥanan: Even a ketubah of 1’000 denar she can collect only up to 25 years. This disagreement parallels the following disagreement, as was stated there: “Torts are estimated from choice land, creditor’s claims from average, and a woman’s ketubah from the least valuable.” Rebbi Jeremiah said to him, this was stated only for the ketubah of a mina or 200 [zuz], but a ketubah of 1’000 denar is evaluated in terms of average quality land. But Rebbi Yose said, even a ketubah of 1’000 denar she collects only from the least valuable land. It turns out that Rebbi Yose follows Rebbi Joḥanan and Rebbi Jeremiah Rebbi Joshua ben Levi. As we have stated there: “If somebody signs over his property to his sons and signs over some real estate to his wife, she lost her claim to ketubah.” Rav said, if he lets them acquire through her. Samuel says, if he distributes in her presence. Rebbi Yose ben Ḥanina said, they stated here a relaxation of the laws of ketubah. Rebbi Abba said, the reason of Rebbi Yose ben Ḥanina is that it applies not only to a ketubah of a mina or two hundred, but even regarding a ketubah of one thousand denar they proclaimed a relaxation of the laws of ketubah.

HALAKHAH: “If somebody went overseas,” etc. Rebbi Abba bar Mamal asked: If somebody pays off somebody else’s debt without the latter’s knowledge, is that the disagreement of Ḥanan and the High Priests’ sons? Rebbi Yose said, there the reason of the High Priest’s sons is that he would not expect his wife to starve. But here, [the debtor could say:] “I could negotiate with him and he would forgive some.” Think of it, if [the loan] was on a pledge! “I could negotiate with him and he would return my pledge.” So far about a creditor who does not push [for repayment]. Even for a creditor who pushes, we can hear from the following: “He may give his šeqel.” If somebody does not pay his šeqel, does one not take a pledge from him? This says, even for a creditor who pushes. You should know that this is so, as we have stated: “He can bring for him nests for males or females suffering from genital discharges, nests for childbirth, purification and reparation offerings” since nothing of these comes to [the other person’s] hand. And here also, that nothing should come into his hand.

HALAKHAH: “If somebody went overseas,” etc. Rebbi Abba bar Mamal asked: If somebody pays off somebody else’s debt without the latter’s knowledge, is that the disagreement of Ḥanan and the High Priests’ sons? Rebbi Yose said, there the reason of the High Priest’s sons is that he would not expect his wife to starve. But here, [the debtor could say:] “I could negotiate with him and he would forgive some.” Think of it, if [the loan] was on a pledge! “I could negotiate with him and he would return my pledge.” So far about a creditor who does not push [for repayment]. Even for a creditor who pushes, we can hear from the following: “He may give his šeqel.” If somebody does not pay his šeqel, does one not take a pledge from him? This says, even for a creditor who pushes. You should know that this is so, as we have stated: “He can bring for him nests for males or females suffering from genital discharges, nests for childbirth, purification and reparation offerings” since nothing of these comes to [the other person’s] hand. And here also, that nothing should come into his hand.

HALAKHAH: “If somebody went overseas,” etc. Rebbi Abba bar Mamal asked: If somebody pays off somebody else’s debt without the latter’s knowledge, is that the disagreement of Ḥanan and the High Priests’ sons? Rebbi Yose said, there the reason of the High Priest’s sons is that he would not expect his wife to starve. But here, [the debtor could say:] “I could negotiate with him and he would forgive some.” Think of it, if [the loan] was on a pledge! “I could negotiate with him and he would return my pledge.” So far about a creditor who does not push [for repayment]. Even for a creditor who pushes, we can hear from the following: “He may give his šeqel.” If somebody does not pay his šeqel, does one not take a pledge from him? This says, even for a creditor who pushes. You should know that this is so, as we have stated: “He can bring for him nests for males or females suffering from genital discharges, nests for childbirth, purification and reparation offerings” since nothing of these comes to [the other person’s] hand. And here also, that nothing should come into his hand.

MISHNAH: If somebody produces a promissory note on another person who in his turn produces a document that [the creditor] sold him a field, Admon says, “if I really owed you, you should have collected what is yours when you sold me the field;” but the Sages say, that one was smart when he sold him real estate because he can take it as a pledge.

HALAKHAH: “If one is under a vow [not to have] usufruct from another,” etc. Rebbi Abba bar Mamal asked: If somebody pays off somebody else’s debt without the latter’s knowledge, is that the disagreement of Ḥanan and the High Priests’ sons? Rebbi Yose said, there the reason of the High Priest’s sons is that nobody expects his wife to die from hunger. But here, [the debtor could say:] “I could negotiate with him and he would forgive some.” Think of it, if [the loan] was on a pledge! “I could negotiate with him and he would return my pledge.” So far about a creditor who does not push [for repayment]. Even for a creditor who pushes, we can hear from the following: “He may give his šeqel. If somebody does not pay his šeqel, does one not take a pledge from him? This says, even for a creditor who pushes. You should know that this is so, as we have stated: “He can bring for him nests for males or females suffering from genital discharges, nests for childbirth, purification and reparation offerings” since nothing of these comes to [the other person’s] hand. And here also, that nothing should come into his hand.

HALAKHAH: “If one is under a vow [not to have] usufruct from another,” etc. Rebbi Abba bar Mamal asked: If somebody pays off somebody else’s debt without the latter’s knowledge, is that the disagreement of Ḥanan and the High Priests’ sons? Rebbi Yose said, there the reason of the High Priest’s sons is that nobody expects his wife to die from hunger. But here, [the debtor could say:] “I could negotiate with him and he would forgive some.” Think of it, if [the loan] was on a pledge! “I could negotiate with him and he would return my pledge.” So far about a creditor who does not push [for repayment]. Even for a creditor who pushes, we can hear from the following: “He may give his šeqel. If somebody does not pay his šeqel, does one not take a pledge from him? This says, even for a creditor who pushes. You should know that this is so, as we have stated: “He can bring for him nests for males or females suffering from genital discharges, nests for childbirth, purification and reparation offerings” since nothing of these comes to [the other person’s] hand. And here also, that nothing should come into his hand.

HALAKHAH: “If one is under a vow [not to have] usufruct from another,” etc. Rebbi Abba bar Mamal asked: If somebody pays off somebody else’s debt without the latter’s knowledge, is that the disagreement of Ḥanan and the High Priests’ sons? Rebbi Yose said, there the reason of the High Priest’s sons is that nobody expects his wife to die from hunger. But here, [the debtor could say:] “I could negotiate with him and he would forgive some.” Think of it, if [the loan] was on a pledge! “I could negotiate with him and he would return my pledge.” So far about a creditor who does not push [for repayment]. Even for a creditor who pushes, we can hear from the following: “He may give his šeqel. If somebody does not pay his šeqel, does one not take a pledge from him? This says, even for a creditor who pushes. You should know that this is so, as we have stated: “He can bring for him nests for males or females suffering from genital discharges, nests for childbirth, purification and reparation offerings” since nothing of these comes to [the other person’s] hand. And here also, that nothing should come into his hand.

There, we have stated: “The public sale of orphans’ property goes on for 30 days, the public sale of Temple property goes on for 30 days, and they are publicly announed mornings and evenings.” Rebbi Mana said, Rebbi Eliezer is afraid of trickery, Rebbi Joshua is not afraid of trickery. Rebbi Yose ben Rebbi Abun said, Rebbi Eliezer follows the House of Shammai and Rebbi Joshua the House of Hillel. Rebbi Eliezer follows the House of Shammai, since the House of Shammai say, a person may ask about his dedication; could he say that he does not have to vow usufruct? Rebbi Joshua follows the House of Hillel, since the House of Hillel say, a person may not ask about his dedication; could he say that he has to vow usufruct? In any case, could not a man ask about his vow of usufruct? Rebbi Joshua agrees that a guarantor must execute a vow of usufruct. What does Rebbi Joshua say about a gift? Since he gives voluntarily, he does not have to vow usufruct, or since [the recipient’s] power is small and [the donor] may change his mind, does he have to vow usufruct? Let us hear from the following: The husband of a relative of Rebbi Ḥaggai owed on a document. The creditor came and foreclosed. The case came before Rebbi Aḥa, who said, he owes a vow of usufruct. Rebbi Yose said, he does not have to vow usufruct. The colleagues said before Rebbi Aḥa [and] Rebbi Yose: Does Rebbi Aḥa say it correctly? Since if he takes her back, does not the creditor come and foreclose? Rebbi Yose said to them, she turns it into jewelry or keeps it as additions to her dowry. Rebbi Ḥaggai said, by Moses! Rebbi Yose says it correctly. It was executed following Rebbi Aḥa.

There, we have stated: “The public sale of orphans’ property goes on for 30 days, the public sale of Temple property goes on for 30 days, and they are publicly announed mornings and evenings.” Rebbi Mana said, Rebbi Eliezer is afraid of trickery, Rebbi Joshua is not afraid of trickery. Rebbi Yose ben Rebbi Abun said, Rebbi Eliezer follows the House of Shammai and Rebbi Joshua the House of Hillel. Rebbi Eliezer follows the House of Shammai, since the House of Shammai say, a person may ask about his dedication; could he say that he does not have to vow usufruct? Rebbi Joshua follows the House of Hillel, since the House of Hillel say, a person may not ask about his dedication; could he say that he has to vow usufruct? In any case, could not a man ask about his vow of usufruct? Rebbi Joshua agrees that a guarantor must execute a vow of usufruct. What does Rebbi Joshua say about a gift? Since he gives voluntarily, he does not have to vow usufruct, or since [the recipient’s] power is small and [the donor] may change his mind, does he have to vow usufruct? Let us hear from the following: The husband of a relative of Rebbi Ḥaggai owed on a document. The creditor came and foreclosed. The case came before Rebbi Aḥa, who said, he owes a vow of usufruct. Rebbi Yose said, he does not have to vow usufruct. The colleagues said before Rebbi Aḥa [and] Rebbi Yose: Does Rebbi Aḥa say it correctly? Since if he takes her back, does not the creditor come and foreclose? Rebbi Yose said to them, she turns it into jewelry or keeps it as additions to her dowry. Rebbi Ḥaggai said, by Moses! Rebbi Yose says it correctly. It was executed following Rebbi Aḥa.

Rebbi Ezra asked before Rebbi Mana: If a man and his wife held on to a bill of divorce; she says, I acquired it, but he says, you did not acquire. Does this refer to the disagreement between Rebbi and Rabban Simeon ben Gamliel? Since they disagreed: If creditor and borrower both hold on to the bond; the creditor says it is mine; I had lost it. The borrower says, it is mine because I paid it off. The document should be verified by its signatories, the words of Rebbi. Rabban Simeon ben Gamliel says, they should split. Rebbi Eleazar said, everything depends on who actually holds the signatures of the witnesses. Where do they disagree? If it was written lengthwise and both hold part of the signatures of the witnesses. He said to him, it is everybody’s opinion that it is not a bill of divorce if all is in her hand but a thread is in his hand, for it is written: “He shall deliver it into her hand,” not unless all be in her hand.

Rebbi Ezra asked before Rebbi Mana: If a man and his wife held on to a bill of divorce; she says, I acquired it, but he says, you did not acquire. Does this refer to the disagreement between Rebbi and Rabban Simeon ben Gamliel? Since they disagreed: If creditor and borrower both hold on to the bond; the creditor says it is mine; I had lost it. The borrower says, it is mine because I paid it off. The document should be verified by its signatories, the words of Rebbi. Rabban Simeon ben Gamliel says, they should split. Rebbi Eleazar said, everything depends on who actually holds the signatures of the witnesses. Where do they disagree? If it was written lengthwise and both hold part of the signatures of the witnesses. He said to him, it is everybody’s opinion that it is not a bill of divorce if all is in her hand but a thread is in his hand, for it is written: “He shall deliver it into her hand,” not unless all be in her hand.

Rebbi Ḥiyya bar Uqba in the name of Rebbi Yose in the name of Rebbi Ḥanina: The Mishnah speaks of the heirs in priesthood and Levitic status. But concerning the poor, the poor has no inheritance. Bar Qappara stated: No person is immune from this; if not he then his son, if not his son then his grandson. This means, he can change the terms. Can the creditor change the terms? Let us hear from the following: “If somebody lends money to a first rich and then poor person he cannot separate for him, for one does not separate for what was lost and the poor acquired what is in his hand.” This implies that the creditor cannot change the terms.

Rebbi Ḥiyya bar Uqba in the name of Rebbi Yose in the name of Rebbi Ḥanina: The Mishnah speaks of the heirs in priesthood and Levitic status. But concerning the poor, the poor has no inheritance. Bar Qappara stated: No person is immune from this; if not he then his son, if not his son then his grandson. This means, he can change the terms. Can the creditor change the terms? Let us hear from the following: “If somebody lends money to a first rich and then poor person he cannot separate for him, for one does not separate for what was lost and the poor acquired what is in his hand.” This implies that the creditor cannot change the terms.

Who frees? Rav says, either his first or his second master. Rebbi Joḥanan says, only his first master alone is able to free. Rebbi Ḥaggai objected before Rebbi Yose: Does not a baraita disagree with Rav? If a Jew gave a loan to a Gentile on the latter’s leavened matter, it is permitted after Passover. If you say that the Jew has property rights in it, it would be forbidden. What does Rav do with this? Rebbi Yudan said, manumission is made easy, as it was stated: If somebody gives his slave as mortgage, if he sold him, he is not sold; if he freed him, he is freed. The strength of Rebbi Joḥanan is from the following: Rabban Simeon ben Gamliel says, only the manumittor writes. If somebody mortgaged his field to another, then went and sold it, can the creditor not come and foreclose? Rebbi Abbahu said, in this matter Rebbi Joḥanan opened for us a door to illuminate. We do not find that a slave can again be enslaved after having been freed. If that is so, he should not have to write a bond for his value! Rebbi Ila said, it is better that a person say to him, give me the 200 zuz which you owe me than say to him, you are my slave! The rabbis of Caesarea say in Rebbi Nasa’s name: Rabban Simeon ben Gamliel follows Rebbi Meïr. Just as Rebbi Meїr imposes a fine for words, so Rabban Simeon ben Gamliel imposes a fine for words. As it was stated: With a bond documenting both principal and interest one can collect neither principal nor interest, the words of Rebbi Meїr. But the Sages say, one collects the principal but not the interest.

MISHNAH: For tort victims one estimates with best quality land, for a creditor with average quality, and for a woman’s ketubah with lowest quality. Rabban Simeon ben Gamliel says, also for a woman’s ketubah with average quality.

HALAKHAH: “For tort victims one estimates with best quality land,” etc. “By an inference de minore ad maius, for Temple property.” Rebbi Abba bar Pappaios said before Rebbi Yose, where do we hold? If to qualify as damages, is that not what we stated “his neighbor’s ox” but not the ox of Temple property? If for bodily damages, is that not what Rebbi Ḥiyya stated: A private person can claim damages but not the Temple? But we must deal with one who said, I obligate myself to give 100 minas to the Temple, when his ox went and did damage. You should not say, [the Temple] is a creditor and should collect from average quality land. Therefore, it was necessary to say that “for tort victims one estimates with best quality land, by an inference de minore ad maius, for Temple property.”

Rebbi Simai preached: “And the man,” that is the agent of the court. For if the creditor enters, he removes the best. If the borrower enters, he removes the worst. How is this? The agent of the court enters and removes from average quality. Rebbi Ismael says, it is a word from the Torah that the creditor should enter, for it is written: “The man whose creditor you are should bring the pledge out for you.” That is, his pledge. His real estate was inferred from his pledge. Since his pledge [is taken] from average quality, also his real estate [is taken] from average quality.

Rebbi Simai preached: “And the man,” that is the agent of the court. For if the creditor enters, he removes the best. If the borrower enters, he removes the worst. How is this? The agent of the court enters and removes from average quality. Rebbi Ismael says, it is a word from the Torah that the creditor should enter, for it is written: “The man whose creditor you are should bring the pledge out for you.” That is, his pledge. His real estate was inferred from his pledge. Since his pledge [is taken] from average quality, also his real estate [is taken] from average quality.