creditors

Thus saith the LORD, Where is the bill of your mother’s divorcement, whom I have put away? or which of my creditors is it to whom I have sold you? Behold, for your iniquities have ye sold yourselves, and for your transgressions is your mother put away.

For they say that the widow of Obadiah Ahab's steward, came to him, and said, that he was not ignorant how her husband had preserved the prophets that were to be slain by Jezebel, the wife of Ahab; for she said that he hid a hundred of them, and had borrowed money for their maintenance, and that, after her husband's death, she and her children were carried away to be made slaves by the creditors; and she desired of him to have mercy upon her on account of what her husband did, and afford her some assistance. And when he asked her what she had in the house, she said, "Nothing but a very small quantity of oil in a cruse." So the prophet bid her go away, and borrow a great many empty vessels of her neighbors, and when she had shut her chamber door, to pour the oil into them all; for that God would fill them full. And when the woman had done what she was commanded to do, and bade her children bring every one of the vessels, and all were filled, and not one left empty, she came to the prophet, and told him that they were all full; upon which he advised her to go away, and sell the oil, and pay the creditors what was owing them, for that there would be some surplus of the price of the oil, which she might make use of for the maintenance of her children. And thus did Elisha discharge the woman's debts, and free her from the vexation of her creditors.

For they say that the widow of Obadiah Ahab's steward, came to him, and said, that he was not ignorant how her husband had preserved the prophets that were to be slain by Jezebel, the wife of Ahab; for she said that he hid a hundred of them, and had borrowed money for their maintenance, and that, after her husband's death, she and her children were carried away to be made slaves by the creditors; and she desired of him to have mercy upon her on account of what her husband did, and afford her some assistance. And when he asked her what she had in the house, she said, "Nothing but a very small quantity of oil in a cruse." So the prophet bid her go away, and borrow a great many empty vessels of her neighbors, and when she had shut her chamber door, to pour the oil into them all; for that God would fill them full. And when the woman had done what she was commanded to do, and bade her children bring every one of the vessels, and all were filled, and not one left empty, she came to the prophet, and told him that they were all full; upon which he advised her to go away, and sell the oil, and pay the creditors what was owing them, for that there would be some surplus of the price of the oil, which she might make use of for the maintenance of her children. And thus did Elisha discharge the woman's debts, and free her from the vexation of her creditors.

For they say that the widow of Obadiah Ahab's steward, came to him, and said, that he was not ignorant how her husband had preserved the prophets that were to be slain by Jezebel, the wife of Ahab; for she said that he hid a hundred of them, and had borrowed money for their maintenance, and that, after her husband's death, she and her children were carried away to be made slaves by the creditors; and she desired of him to have mercy upon her on account of what her husband did, and afford her some assistance. And when he asked her what she had in the house, she said, "Nothing but a very small quantity of oil in a cruse." So the prophet bid her go away, and borrow a great many empty vessels of her neighbors, and when she had shut her chamber door, to pour the oil into them all; for that God would fill them full. And when the woman had done what she was commanded to do, and bade her children bring every one of the vessels, and all were filled, and not one left empty, she came to the prophet, and told him that they were all full; upon which he advised her to go away, and sell the oil, and pay the creditors what was owing them, for that there would be some surplus of the price of the oil, which she might make use of for the maintenance of her children. And thus did Elisha discharge the woman's debts, and free her from the vexation of her creditors.

For these reasons he went away from Rome, and sailed to Judea, but in evil circumstances, being dejected with the loss of that money which he once had, and because he had not wherewithal to pay his creditors, who were many in number, and such as gave him no room for escaping them. Whereupon he knew not what to do; so, for shame of his present condition, he retired to a certain tower, at Malatha, in Idumea, and had thoughts of killing himself; but his wife Cypros perceived his intentions, and tried all sorts of methods to divert him from his taking such a course; so she sent a letter to his sister Herodias, who was now the wife of Herod the tetrarch, and let her know Agrippa's present design, and what necessity it was which drove him thereto, and desired her, as a kinswoman of his, to give him her help, and to engage her husband to do the same, since she saw how she alleviated these her husband's troubles all she could, although she had not the like wealth to do it withal. So they sent for him, and allotted him Tiberias for his habitation, and appointed him some income of money for his maintenance, and made him a magistrate of that city, by way of honor to him. Yet did not Herod long continue in that resolution of supporting him, though even that support was not sufficient for him; for as once they were at a feast at Tyre, and in their cups, and reproaches were cast upon one another, Agrippa thought that was not to be borne, while Herod hit him in the teeth with his poverty, and with his owing his necessary food to him. So he went to Flaccus, one that had been consul, and had been a very great friend to him at Rome formerly, and was now president of Syria.

But Herodias, Agrippa's sister, who now lived as wife to that Herod who was tetrarch of Galilee and Peres, took this authority of her brother in an envious manner, particularly when she saw that he had a greater dignity bestowed on him than her husband had; since, when he ran away, it was because he was not able to pay his debts; and now he was come back, he was in a way of dignity, and of great good fortune. She was therefore grieved and much displeased at so great a mutation of his affairs; and chiefly when she saw him marching among the multitude with the usual ensigns of royal authority, she was not able to conceal how miserable she was, by reason of the envy she had towards him; but she excited her husband, and desired him that he would sail to Rome, to court honors equal to his; for she said that she could not bear to live any longer, while Agrippa, the son of that Aristobulus who was condemned to die by his father, one that came to her husband in such extreme poverty, that the necessaries of life were forced to be entirely supplied him day by day; and when he fled away from his creditors by sea, he now returned a king; while he was himself the son of a king, and while the near relation he bare to royal authority called upon him to gain the like dignity, he sat still, and was contented with a privater life. "But then, Herod, although thou wast formerly not concerned to be in a lower condition than thy father from whom thou wast derived had been, yet do thou now seek after the dignity which thy kinsman hath attained to; and do not thou bear this contempt, that a man who admired thy riches should be in greater honor than thyself, nor suffer his poverty to show itself able to purchase greater things than our abundance; nor do thou esteem it other than a shameful thing to be inferior to one who, the other day, lived upon thy charity. But let us go to Rome, and let us spare no pains nor expenses, either of silver or gold, since they cannot be kept for any better use than for the obtaining of a kingdom."

Now the next day was the festival of Xylophory; upon which the custom was for every one to bring wood for the altar [that there might never be a want of fuel for that fire which was unquenchable and always burning]. Upon that day they excluded the opposite party from the observation of this part of religion. And when they had joined to themselves many of the Sicarii, who crowded in among the weaker people, [that was the name for such robbers as had under their bosoms swords called Sicae,] they grew bolder, and carried their undertaking further; insomuch that the king's soldiers were overpowered by their multitude and boldness; and so they gave way, and were driven out of the upper city by force. The others then set fire to the house of Ananias the high priest, and to the palaces of Agrippa and Bernice; after which they carried the fire to the place where the archives were reposited, and made haste to burn the contracts belonging to their creditors, and thereby to dissolve their obligations for paying their debts; and this was done in order to gain the multitude of those who had been debtors, and that they might persuade the poorer sort to join in their insurrection with safety against the more wealthy; so the keepers of the records fled away, and the rest set fire to them. And when they had thus burnt down the nerves of the city, they fell upon their enemies; at which time some of the men of power, and of the high priests, went into the vaults under ground, and concealed themselves, while others fled with the king's soldiers to the upper palace, and shut the gates immediately; among whom were Ananias the high priest, and the ambassadors that had been sent to Agrippa. And now the seditious were contented with the victory they had gotten, and the buildings they had burnt down, and proceeded no further.

[Creditors] do not collect from mortgaged property for produce consumed, for the improvement of property, [and payment] for the maintenance of a widow and daughters, because of tikkun olam. The finder of a lost article is not required to take an oath, because of tikkun olam.

If a man stole from his father and swore [falsely] to him, and the father died, he must repay the value and the [added] fifth to the father’s sons or brothers. If he will not repay or if has does not have [with which to repay] he must borrow and the creditors come and are repaid.

If a man said to his son, “Qonam, you will not derive any benefit from that which is mine”, and he died, the son may inherit him. [But if he moreover said], “Both during my life and at my death”, when he dies the son may not inherit from him and he must restore [what he received from his father’s inheritance] to the [father’s] sons or brothers. If he has nothing, he takes out a loan, and the creditors come and exact payment.

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].”

“If she had compromised her ketubah, she shall not be able to collect without an oath,” etc. Rebbi Joḥanan said in the name of Rebbi Yannai: One pays from an orphan’s property only a document on which interest is due, and some say, also a woman’s ketubah. Rebbi Yannai said, because of her sustenance. Rebbi Mattaniah said, who is worried about sustenance? Rebbi Simeon! Since Rebbi Simeon said, it depends on the collection. What about it? For attraction, that everybody should jump to marry her. Some say, also for robbery and torts. Rebbi Yose said, we stated both of these. Robbery from the following: “If it was mortgageable, he has to pay.” For torts from the following: “One pays from an orphan’s property only from the least valuable.” So is the Mishnah: One pays for torts from an orphan’s property only from the least valuable. But was it not stated: If the son took his father’s place, one estimates torts from the most valuable land, creditors from average quality, and a woman’s ketubah from the least valuable. Rebbi Yose ben Rebbi Abun said, here about an adult orphan, there about an underage orphan.

Ben Azay says, the heirs of the first say to the heirs of the second: If you are creditors, take what is yours and leave; otherwise let us split evenly between yourselves and us. Rebbi Aqiba said to him: Biblical inheritance “jumped” on the sons of the second; they take their mother’s ketubah and come back to split. Rebbi Mana said, they disagree if there is an excess denar. But if there is no excess denar, even Rebbi Aqiba will agree with Ben Nanas that both parties split evenly. Rebbi Yose ben Rebbi Abun said to him, a situation which was stated without disagreement you turn into a disagreement. They must disagree if there is no excess denar. But if there is an excess denar even Ben Nanas agrees with Rebbi Aqiba that biblical inheritance “jumped” on the sons of the second; they take their mother’s ketubah and come back to split.

” ‘For creditors, average quality,’ because of tricksters. That a man should not see a desirable field in his neighbor’s hand, lend him money, and contrives to take it from him. Then one should estimate only from the least quality! Rebbi Jehudah said, that is correct; but not to lock the door before people needing to borrow. For tomorrow he may need to borrow and does not find [a lender.]”

If there is only best quality, one collects from the best quality, [only] average quality one collects from average quality, [only] worst quality one collects from worst quality. Best and average, torts are assessed from best quality, creditors and a woman’s ketubah from average. Average and worst, torts and creditors are assessed from average, a woman’s ketubah from worst. If his best quality was like everybody’s best quality, it is best quality. If his average quality was like everybody’s average quality, it is average quality. If his worst quality was like everybody’s worst quality, it is worst quality. If his best quality was like everybody’s average? Rebbi Ze‘ira and Rebbi Ila asked: Let us hear from the following: Average and worst, torts and creditors are assessed from average, a woman’s ketubah from worst. But just as you need in the case that you have best and average quality, torts push creditors to the average, so in this case, of average and worst quality, should not torts push creditors to the worst quality? Rebbi Yose bar Abun in the name of Rav Ḥisda: Explain it that he had best quality which he sold, and the creditors were already pushed to average quality.

If there is only best quality, one collects from the best quality, [only] average quality one collects from average quality, [only] worst quality one collects from worst quality. Best and average, torts are assessed from best quality, creditors and a woman’s ketubah from average. Average and worst, torts and creditors are assessed from average, a woman’s ketubah from worst. If his best quality was like everybody’s best quality, it is best quality. If his average quality was like everybody’s average quality, it is average quality. If his worst quality was like everybody’s worst quality, it is worst quality. If his best quality was like everybody’s average? Rebbi Ze‘ira and Rebbi Ila asked: Let us hear from the following: Average and worst, torts and creditors are assessed from average, a woman’s ketubah from worst. But just as you need in the case that you have best and average quality, torts push creditors to the average, so in this case, of average and worst quality, should not torts push creditors to the worst quality? Rebbi Yose bar Abun in the name of Rav Ḥisda: Explain it that he had best quality which he sold, and the creditors were already pushed to average quality.

If there is only best quality, one collects from the best quality, [only] average quality one collects from average quality, [only] worst quality one collects from worst quality. Best and average, torts are assessed from best quality, creditors and a woman’s ketubah from average. Average and worst, torts and creditors are assessed from average, a woman’s ketubah from worst. If his best quality was like everybody’s best quality, it is best quality. If his average quality was like everybody’s average quality, it is average quality. If his worst quality was like everybody’s worst quality, it is worst quality. If his best quality was like everybody’s average? Rebbi Ze‘ira and Rebbi Ila asked: Let us hear from the following: Average and worst, torts and creditors are assessed from average, a woman’s ketubah from worst. But just as you need in the case that you have best and average quality, torts push creditors to the average, so in this case, of average and worst quality, should not torts push creditors to the worst quality? Rebbi Yose bar Abun in the name of Rav Ḥisda: Explain it that he had best quality which he sold, and the creditors were already pushed to average quality.

If there is only best quality, one collects from the best quality, [only] average quality one collects from average quality, [only] worst quality one collects from worst quality. Best and average, torts are assessed from best quality, creditors and a woman’s ketubah from average. Average and worst, torts and creditors are assessed from average, a woman’s ketubah from worst. If his best quality was like everybody’s best quality, it is best quality. If his average quality was like everybody’s average quality, it is average quality. If his worst quality was like everybody’s worst quality, it is worst quality. If his best quality was like everybody’s average? Rebbi Ze‘ira and Rebbi Ila asked: Let us hear from the following: Average and worst, torts and creditors are assessed from average, a woman’s ketubah from worst. But just as you need in the case that you have best and average quality, torts push creditors to the average, so in this case, of average and worst quality, should not torts push creditors to the worst quality? Rebbi Yose bar Abun in the name of Rav Ḥisda: Explain it that he had best quality which he sold, and the creditors were already pushed to average quality.

If there is only best quality, one collects from the best quality, [only] average quality one collects from average quality, [only] worst quality one collects from worst quality. Best and average, torts are assessed from best quality, creditors and a woman’s ketubah from average. Average and worst, torts and creditors are assessed from average, a woman’s ketubah from worst. If his best quality was like everybody’s best quality, it is best quality. If his average quality was like everybody’s average quality, it is average quality. If his worst quality was like everybody’s worst quality, it is worst quality. If his best quality was like everybody’s average? Rebbi Ze‘ira and Rebbi Ila asked: Let us hear from the following: Average and worst, torts and creditors are assessed from average, a woman’s ketubah from worst. But just as you need in the case that you have best and average quality, torts push creditors to the average, so in this case, of average and worst quality, should not torts push creditors to the worst quality? Rebbi Yose bar Abun in the name of Rav Ḥisda: Explain it that he had best quality which he sold, and the creditors were already pushed to average quality.

If there is only best quality, one collects from the best quality, [only] average quality one collects from average quality, [only] worst quality one collects from worst quality. Best and average, torts are assessed from best quality, creditors and a woman’s ketubah from average. Average and worst, torts and creditors are assessed from average, a woman’s ketubah from worst. If his best quality was like everybody’s best quality, it is best quality. If his average quality was like everybody’s average quality, it is average quality. If his worst quality was like everybody’s worst quality, it is worst quality. If his best quality was like everybody’s average? Rebbi Ze‘ira and Rebbi Ila asked: Let us hear from the following: Average and worst, torts and creditors are assessed from average, a woman’s ketubah from worst. But just as you need in the case that you have best and average quality, torts push creditors to the average, so in this case, of average and worst quality, should not torts push creditors to the worst quality? Rebbi Yose bar Abun in the name of Rav Ḥisda: Explain it that he had best quality which he sold, and the creditors were already pushed to average quality.

HALAKHAH: “One cannot collect for usufruct,” etc. Rebbi Joḥanan said in the name of Rebbi Yannai: One pays from an orphan’s property only a document on which interest is due, and some say, also a woman’s ketubah. Rebbi Yannai said, because of her sustenance. Rebbi Mattaniah said, who is worried about sustenance? Rebbi Simeon! Since Rebbi Simeon said, it depends on the collection. What about it? For attraction, that everybody should be eager to marry her. Some say, also for robbery and torts. Rebbi Yose said, we stated both of these. Robbery from the following: “If it was mortgageable, he has to pay.” For torts from the following: “One pays from an orphan’s property only from the least valuable.” So is the Mishnah: One pays for torts from an orphan’s property only from the least valuable. But was it not stated: If the son took his father’s place, one estimates torts from the most valuable land, creditors from average quality, and a woman’s ketubah from the least valuable. Rebbi Yose ben Rebbi Abun said, there about an adult orphan, here about an underage orphan.

MISHNAH: Where is my deposit? He told him ‘it was lost’. ‘I will make you swear’ and he said ‘amen’. If witnesses testify against him that he ate it, he pays the capital. If he confessed on his own, he has to pay the capital, and a fifth, and a reparation sacrifice. Where is my deposit? He told him ‘it was stolen’. ‘I will make you swear’ and he said ‘amen’. If witnesses testify against him that he stole it, he pays double restitution. If he confessed on his own, he has to pay the capital, and a fifth, and a reparation sacrifice. He who robbed from his father and swore to him when he died has to pay capital and fifth to his sons or brothers. But if he refuses, or does not have the money, he takes a loan and the creditors come and make themselves paid.

MISHNAH: If somebody says to his son: A qônām that you cannot enjoy anything from me, when he dies he can inherit from him. During my lifetime and after my death, when he dies he cannot inherit from him but should give it to his sons or his brothers, and if he has nothing he may take a loan; the creditors come and make themselves paid.

HALAKHAH: “Similarly did Rabban Simeon ben Gamliel say,” etc. The father-in-law of Rebbi Ḥaggai’s daughter was guarantor for Rebbi Ḥaggai’s daughter’s ketubah. She turned out to be a spendthrift. The case came before Rebbi Aḥa, who said that he would have to make a vow not to have usufruct. Rebbi Yose said, he does not have to make a vow not to have usufruct. The colleagues said before Rebbi Yose, but if he would take her back, the creditor would come and seize it. He said, he would not take her back. But it could be transformed into movables or paraphernalia which the creditors could not seize. The case was decided following Rebbi Aḥa.

“Similarly, the orphans can collect only by an oath;” etc. Rebbi Joḥanan in the name of Rebbi Yannai: One pays from an orphan’s property only if interest is due; Rebbi Nathan says, also a woman’s ketubah. Rebbi Mana said, because of her sustenance. Rebbi Mattania said, who is worried about sustenance? Rebbi Simeon! Since Rebbi Simeon said, all depends on the female. What about it? For attraction, that everybody should jump to marry her. Rebbi Nathan said, also for robbery and torts. Rebbi Yose said, we stated both of these. Robbery from the following: “If it was mortgageable, he has to pay.” For torts from the following: “One pays from minor orphans’ property only from the least valuable.” So is the Mishnah: One pays for torts from minor orphans’ property only from the least valuable. But was it not stated, the son shall stand in the father’s place; one estimates torts from the most valuable land, creditors from average quality, and a woman’s ketubah from the least valuable? Rebbi Yose ben Rebbi Abun said, explain it as everybody’s opinion about testamentary dispositions.

Rav Ḥiyya bar Ashi in the name of Rav: A document produced by the creditor in the creditor’s handwriting is invalid, for I am saying that he has practiced writing documents. This implies that in the hand of another it would be valid. Rebbi Abinna in the name of Samuel: It is always invalid unless it be in the creditors’s possession but in the debtor’s handwriting. What about this? Rebbi Yose ben Rebbi Bun said, explain it according to everybody about a testamentary gift.

HALAKHAH: “A Non-Jew who was found standing,” etc. Rab Sheshet in the name of Rav: Only if he has a lien on this particular cistern. But if he has no lien on this particular cistern, it is the way of creditors to stand near wine presses and threshing floors. They wanted to say, he who says, only if he has a lien on this particular cistern, within his outstretched arms, but he who says, even if he has no lien on this particular cistern, even outside his outstretched arms. But did not Rebbi Abba say in the name of Rav Sheshet, just as they gave outstretched arms for purity so they gave it for libation wine? But it must be so: He who says, only if he has a lien on this particular cistern, within his outstretched arms, but he who says, even if he has no lien on this particular cistern, only outside his outstretched arms.