Study Ketubot folio 95A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
טירפא מאייר ואילך. אמר ליה: יכלי למימר לך: את בר חד בניסן את.
a document of authorization to repossess liened property of the seller from anyone who purchased property from him from the 1st of the month of Iyyar and on. Rav Yosef said to him: A purchaser can say to you: Your deed is from the 1st of Nisan, so that the field that you purchased is rightfully yours and it is the other man, whose deed was dated on the fifth of Nisan, who took it illegally. Therefore, you should take possession of that field rather than repossessing other property.
מאי תקנתיה? נכתבו הרשאה להדדי.
The Talmud asks: If so, what is his remedy? The Talmud answers: Let the deed holders write a document of authorization to each other. If the individual whose deed was written on the fifth of Nisan authorizes the other individual to repossess property on his behalf, then he will be able to repossess property sold after the end of Nisan, because regardless of when his deed was written and whose deed was written first, he now has the right to repossess liened property.
מתני׳ מי שהיה נשוי שתי נשים ומכר את שדהו, וכתבה ראשונה ללוקח ״דין ודברים אין לי עמך״ — השניה מוציאה מהלוקח, וראשונה מן השניה, והלוקח מן הראשונה. וחוזרות חלילה, עד שיעשו פשרה ביניהם. וכן בעל חוב, וכן אשה בעלת חוב.
Mishnah: In a case of one who was married to two women and sold his field, and the wife whom he married first wrote to the purchaser: I do not have any legal dealings or involvement with you, then the second wife, who did not relinquish her claim to repossess this property, may appropriate the field from the purchaser as payment of her marriage contract. This is because the property was liened for the payment of her marriage contract before it was sold to this purchaser. Then, the first wife can appropriate the field from the second as payment for her marriage contract, since her marriage contract predates that of the second wife. The purchaser can then appropriate the field from the first wife, due to the fact that she relinquished her rights vis-à-vis the purchaser. They continue to do so according to this cycle [ḥalila] until they agree on a compromise between them. And so too, with regard to a creditor, and so too, with regard to a female creditor.