וכן א"ר חסדא כגון שהיתה לו עידית ומכרה
property of a better quality but has meanwhile disposed of it. This explanation stands to reason, for it is taught elsewhere: If the estate consisted of the medium and the worst qualities, creditors for damages are paid out of the medium quality whereas those for loans and marriage contracts will be paid out of the worst quality. Now these [two Baraithas] do not contradict each other, unless we accept [the explanation that] the one deals with a case where the defendant originally owned property of a better quality but which he has meanwhile disposed of, while the other states the law for a case where he did not have<span class="x" onmousemove="('comment',' At the time when the loan took place, in which case the medium (in the absence of a better quality) was relatively the best, and therefore not available to creditors for loans.
');"><sup>3</sup></span>
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
