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Text Excerpt
מנה אין כאן – משכון אין כאן. איתיביה רבא לרב נחמן: קידשה במשכון מקודשת! התם במשכון דאחרים וכדרבי יצחק.
There is no 100 dinars here, as he has not yet given her 100 dinars, and there is no collateral here, since this collateral is not a gift but merely a security. He has therefore not given her anything. Rava raised an objection to Rav Naḥman from the following baraita: If he betrothed her with collateral, she is betrothed. The Talmud answers: There, it is referring to collateral belonging to other people, which was in the possession of the man who betrothed her, and this is in accordance with the opinion of R' Yitzḥak.
דאמר רבי יצחק: מנין לבעל חוב שקונה משכון – שנאמר: ״ולך תהיה צדקה״ – אם אינו קונה, צדקה מנין? מכאן לבעל חוב שקונה משכון.
As R' Yitzḥak says: From where is it derived that a creditor acquires collateral, i.e., that the individual in possession of the collateral has the actual rights to it? As it is stated: “You should surely restore him the pledge when the sun goes down that he may sleep in his garment, and bless you; and it should be righteousness to you” (Deuteronomy 24:13). If the creditor does not acquire the pledge or collateral, from where does this considering his return of the collateral as righteousness stem? The creditor is not giving an item belonging to him; why is this considered a righteous act? Rather, from here it is derived that a creditor acquires collateral to a certain extent.
בני רב הונא בר אבין זבון ההיא אמתא בפריטי, לא הוו בהדייהו, אותיבו נסכא עליה. לסוף אייקר אמתא. אתו לקמיה דרבי אמי, אמר להו: פריטי אין כאן, נסכא אין כאן.
The Talmud relates: The sons of Rav Huna bar Avin bought a certain female slave on the condition that they would pay with copper perutot. They did not have the money at the time, and therefore they gave a piece of silver [naskha] for her as collateral. Ultimately, the price of the female slave increased and the sellers wanted to cancel the sale. They came before R' Ami for his ruling and he said to them: There are no perutot here, and there is no piece of silver here either. There was no valid act of acquisition at all because they did not actually give the money, and the collateral does not transfer ownership.