Related%20passage for Bava Metzia 143:11

זביני ודאי לא הוי זביני זוזי כמלוה בשטר דמו וגובה מנכסים משועבדים או דילמא כמלוה ע"פ דמו ואינו גובה מנכסים משועבדים אמר אביי ולאו היינו דרבי אסי דאמר ר' אסי

R. Johanan said: It may agree even with the Rabbis; but it is a precautionary measure, lest he exact [his debt from sold property] as from the earlier date.<span class="x" onmousemove="('comment',' To prevent this, such a bond was declared entirely invalid. ');">¹⁰</span> A man once pledged an orchard to his neighbour for ten years.<span class="x" onmousemove="('comment',' [So according to some texts; v. D.S.] ');">¹¹</span> After he [the creditor] had taken its usufruct for three years, he proposed to him [the debtor], 'If you sell it to me, it is well; if not, I will hide the mortgage deed and claim that I have bought it.'<span class="x" onmousemove="('comment',' Three years' possession of an estate establishes a presumptive title thereto, even without a deed of sale, the onus of disproof lying upon the first owner. ');">¹²</span> Thereupon he [the debtor] went, arose, transferred it to his young son [a minor], and then sold it to him. Now, the sale is certainly no sale;<span class="x" onmousemove="('comment',' Because it no longer belonged to the debtor (Rashi). ');">¹³</span> but is the [purchase-]money accounted as a written debt, and collectable from [sold] mortgaged property, or perhaps it is [only] as a verbal debt, which cannot be collected from mortgaged property?<span class="x" onmousemove="('comment',' When one sold land, he indemnified the purchaser against its possible seizure for the vendor's debt by mortgaging his other property to him, which he could in turn seize even if subsequently sold. Similarly, in a written loan the debtor's estates were held to be pledged, even if subsequently sold; but if the loan was merely verbal, the debt could be exacted only from the free estate. Now the question arises whether the purchase money in this case, which of course, the vendor must return, ranks as a written debt, or only as a verbal one. ');">¹⁴</span> Said Abaye: Is this not covered by R. Assi's dictum? Viz.,

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