Gittin 50B

יתומין שאמרו ⁠– גדולים, ואין צריך לומר קטנים; בין לשבועה בין לזיבורית.

With regard to the orphans of which the rabbis spoke, the phrase is referring to adults, and needless to say it is referring also to minors, whether with regard to the halakha that a debt can be collected from the property of orphans only with an oath, or whether with regard to the halakha that a debt can be collected from the property of orphans only from inferior-quality land.

אין נפרעין מנכסים משועבדים במקום שיש בני חורין. בעי רב אחדבוי בר אמי: במתנה היאך?

§ The Mishnah teaches: Payment of a debt or other obligation is not collected from liened property that has been sold to a third party when the debtor still has unsold property, even when this unsold property is inferior-quality land. Rav Aḥadevoi bar Ami raised a dilemma: What is the halakha with regard to liened property that the debtor gave to another person as a gift? Is it the halakha that the debt is not collected from liened property that has been given as a gift to a third party when the debtor still has property?

תקנתא הוא דעבוד רבנן ⁠– משום פסידא דלקוחות, אבל מתנה, דליכא פסידא דלקוחות ⁠– לא; או דלמא מתנה נמי, אי לאו דאית ליה הנאה מיניה ⁠– לא יהיב ליה מתנה, והלכך כי פסידא דלקוחות דמי?

The Talmud presents the two sides to this dilemma: Is the halakha that payment is not collected from liened property that has been sold an ordinance that the rabbis instituted due to the loss of the buyers, who would lose the money that they had paid for the property? But in the case of a gift, where there is no issue of loss to the buyers, i.e., the recipients, as the recipients paid nothing for the property, the halakha does not apply. Or perhaps the halakha applies to a gift as well, as, were it not for some benefit that the donor derives from the recipient, he would not have given him the gift. And therefore this loss to the recipient is considered to be like the loss to buyers and payment of the debt is not collected from the recipient of the gift when the debtor still has property in his possession.