Talmud Bavli
Talmud Bavli

Related for Bava Kamma 15:21

אי הכי

Just as in the case of three purchasers [in succession] each can [in the first instance] refer any creditor [to the very last purchased property], saying, '[When I bought my estate] I was careful to leave [with the defendant] plenty for you to be paid out of,'<span class="x" onmousemove="('comment',' As, according to a Mishnaic enactment (Git. V, 1), 'Property disposed of by a debtor could not he resorted to by his creditors so long as there are with him available possessions undisposed of.' ');"><sup>19</sup></span> why should not also one purchaser [by deeds of different dates] be entitled to throw the burden of payment on to the very last purchased property, saying, '[When I acquired title to the former purchases] I was very careful to leave for you plenty to be paid out of'? — We are dealing here with a case where the property purchased last was of the best quality;<span class="x" onmousemove="('comment',' In which case it is not in the interest of the purchaser that the last purchase should he available to any one of the creditors. ');"><sup>20</sup></span> also R. Shesheth stated that [this law applies] when the property purchased last was of the best quality. If this be the case, why [on the other hand] should not creditors of all kinds come and be paid out of the best quality [as this was the property purchased last]? — Because the defendant may say to the creditors: 'If you acquiesce and agree to be paid out of the qualities respectively allotted to you by law, you may be paid accordingly, otherwise I will transfer the deed of the worst property back to the original owner — in which case you will all be paid out of the worst.'<span class="x" onmousemove="('comment',' At the hands of the debtor, according to the Mishnaic enactment, Git. V, 1. ');"><sup>21</sup></span> If so,

Tosefta Ketubot

If there is only the best property—they all (all of the categories of collection in the previous halakhot) collect from the best property. [If there is only the] average property—they all collect from the average property. [If there is only the] worst property—they all collect from the worst property. [If there is just] best and average property—damages are evaluated from the best; loans and a wife's ketubah from the average. [If there is just] average and worst property—damages and loans [are evaluated] from the average; a wive's ketubah from the worst. If he sold them [all 3 kinds of property] to one person, or to three people at the same time—they come under the [control of the] new owners, [which means that] damages [that have to be collected him, even from his buyer] are evaluated from the best property [that he sold him], debts from the average, and a wife's ketubah from the worst. If he sold them to three people at different times—even damages [can be evaluated] from the worst property and a wife's ketubah from the best property, [because] they collect from the last [of them, whichever one has the most recent claim]. If [that buyer] does not have [enough to pay the debt], they collect from the one before him; if [that second buyer] does not have [enough either], they collect from the one before the one that was before him.
Ask RabbiBookmarkShareCopy
Previous VerseFull ChapterNext Verse