Ketubot 91B

זכו בהן יורשין ⁠— כך מועטין ונתרבו זכו בהן יורשין.

the heirs acquired rights to the mothers’ marriage contracts due to the value of the estate when their father died, so too, in a case where the properties were few and the value subsequently appreciated, the heirs have acquired rights to divide the entire estate equally, due to the value of the estate when their father died.

(סימן: אלף ומאה מצוה בכתובה יעקב זקף שדותיו בדברים עסיקין).

§ This is a mnemonic device for the following halakhot, which are connected in one way or another to the problem being dealt with in the Mishnah: 1,000, and 100, mitzva, in the marriage contract, Ya’akov, set up, his fields, with words, disputants.

ההוא גברא דהוו מסקי ביה אלפא זוזי, הוו ליה תרי אפדני, זבנינהו חדא בחמש מאה וחדא בחמש מאה. אתא בעל חוב טרפא לחדא מינייהו, הדר קטריף לאידך.

There was a certain man who had a creditor with a claim of 1,000 dinars against him. He had two mansions [appedanei]. He sold them, one for 500 and the other one also for 500. The creditor came and repossessed one of them from the purchaser, as the repayment of part of his debt. He subsequently sought to repossess the other mansion as well, in payment for the remainder of his debt.

שקל אלפא זוזי וקא אזיל לגביה, אמר ליה: אי שויא לך אלפא זוזי ⁠— לחיי, ואי לא ⁠— שקיל אלפא זוזי ואיסתלק.

The purchaser took 1,000 dinars and went to the creditor. He said to him: If the first mansion that you repossessed is worth 1,000 dinars to you, very well, let it be yours in exchange for the entire sum that is owed to you, and if not, take these 1,000 dinars and abrogate your rights to both of the mansions, leaving them both in my possession.

סבר רמי בר חמא למימר: היינו מתניתין אם אמרו יתומים ״הרי אנו מעלין על נכסי אבינו יפה דינר״.

Rami bar Ḥama thought to say that this case is identical to that which is taught in the Mishnah: If the orphans say: We inflate the value of our father’s property by a dinar, the court does not listen to them. This appears to be the case here as well, and the value of the mansion should not be assessed at higher than its market value.