Mishnah
Mishnah

Commentary for Ketubot 13:8

הַמּוֹצִיא שְׁטַר חוֹב עַל חֲבֵרוֹ, וְהַלָּה הוֹצִיא שֶׁמָּכַר לוֹ אֶת הַשָּׂדֶה, אַדְמוֹן אוֹמֵר, יָכוֹל הוּא שֶׁיֹּאמַר, אִלּוּ הָיִיתִי חַיָּב לְךָ, הָיָה לְךָ לְהִפָּרַע אֶת שֶׁלְּךָ כְּשֶׁמָּכַרְתָּ לִי אֶת הַשָּׂדֶה. וַחֲכָמִים אוֹמְרִים, זֶה הָיָה פִקֵּחַ שֶׁמָּכַר לוֹ אֶת הַקַּרְקַע, מִפְּנֵי שֶׁהוּא יָכוֹל לְמַשְׁכְּנוֹ:

If one presents a bill of payment to his neighbor, and the other presents [a bill of sale, dated after the bill of payment] to the effect that the first sold him his field, [saying (in effect): Your bill (of payment) is a forgery, for if I were indebted to you, you would not have sold me your field, but would have claimed your debt] — Admon says: The second can say: If I were indebted to you, you should have claimed your debt when you sold me the field. And the sages say: This one (the first) was being "clever," selling him the field in order to be able to take it as a pledge (for the debt). [For the second had dispersed his chattel so that the first could not take it as a pledge for his debt, and now he (the first) could take the land. In a place where the buyer pays and then the deed of sale is written, all agree that the seller should have kept the money he received for his debt and not have written the deed. The fact that he did write it, then, is proof that he is not indebted to him. The difference (between Admon and the sages) obtains in a place where they write the deed and then the buyer pays the money. Admon holds that the seller must apprise (others): "I am selling it to him only to be able to take it as a pledge." And the sages say: His not apprising others stems from his apprehension of its getting out and the other not buying the field. The halachah is in accordance with the sages.]

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