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Text Excerpt
ואתי מלוה ופריק. דתנן: מוסיף עוד דינר ופודה את הנכסים האלו. כי פליגי דזבין מלוה, וקדיש מלוה.
Or if the debtor consecrated the property, the creditor can come and redeem it through a symbolic payment to the Temple. As we learned in a Mishnah: The creditor may add an additional dinar to the amount of the loan and redeem this property. Although strictly speaking he need not redeem it, this payment was instituted so that it would not appear as though property were removed from the consecrated Temple jurisdiction without a payment. When they disagree is in a case when the creditor sold or consecrated the property in the interim between the giving of the collateral and the time the loan was due.
Abaye said: He retroactively acquires the collateral. Since the time arrived and he did not repay his loan, it has become clear retroactively that it was in the creditor’s jurisdiction at the outset. Therefore, he did well to consecrate or sell it. However, Rava said: He collects it from that point forward, since if the borrower had money he would remove the creditor’s lien with this money and the lender would not acquire the property. It is found that the creditor acquires the property now, at the time when the loan is due, and consequently he did not have the right to consecrate or sell it before this time.
ומי אמר רבא הכי? והאמר רמי בר חמא: ראובן שמכר שדה לשמעון באחריות וזקפן עליו במלוה, ומת ראובן, ואתא בעל חוב דראובן וטריף ליה משמעון, ואתא שמעון ופייסיה בזוזי —
Before bringing proofs for either side of this dispute, the Talmud attempts to clarify Rava’s position. Did Rava actually say this? A statement he makes in a different context appears to contradict the one made in his name here. But didn’t Rami bar Ḥama say: Reuven sold a field to Shimon with a guarantee that if the field is repossessed, Reuven will compensate Shimon for his loss. Shimon did not pay for the purchase, and instead set up the value of the field as a loan. In the meantime, Reuven died and a creditor of Reuven’s came to collect for a loan that Reuven had taken before he sold the field, as Reuven had no other land remaining, and he seized the land from Shimon, since it was mortgaged to this loan. And Shimon went and appeased the creditor with money so the creditor would allow him to keep this field.