Related%20passage for Ketubot 9:3

הִנִּיחַ פֵּרוֹת תְּלוּשִׁין מִן הַקַּרְקַע, כָּל הַקּוֹדֵם זָכָה בָהֶן. זָכְתָה אִשָּׁה יוֹתֵר מִכְּתֻבָּתָהּ, וּבַעַל חוֹב יוֹתֵר עַל חוֹבוֹ, הַמּוֹתָר, רַבִּי טַרְפוֹן אוֹמֵר, יִנָּתְנוּ לַכּוֹשֵׁל שֶׁבָּהֶן. רַבִּי עֲקִיבָא אוֹמֵר, אֵין מְרַחֲמִין בַּדִּין, אֶלָּא יִנָּתְנוּ לַיּוֹרְשִׁים, שֶׁכֻּלָּם צְרִיכִין שְׁבוּעָה וְאֵין הַיּוֹרְשִׁים צְרִיכִין שְׁבוּעָה:

If he left fruits torn from the land, whoever is first (to seize them) acquires them. [If the heirs were first, they acquire them; and it is not taken from their hands. For the chattel of the orphans is not bound to the creditor or to the kethubah. If one of the others were first — the woman or the creditor — he acquires them. For R. Tarfon holds that seizure after death is valid.] If the woman acquired more than her kethubah [If she came first and seized more (fruits) than her kethubah (is worth)], or if the creditor [came first] and [seized] more than his debt — the remainder, R. Tarfon says, should be given to the "weakest" [the holder of the deed, who has the "lower hand." And if they (the fruits) come to the hand of the orphans, they can no longer be taken from them, neither by the woman nor by the creditor. And today, when all courts in Israel rule that the chattel of orphans is bound to the creditor, if one died and left chattel with claims upon it by a creditor and by (the kethubah of) a woman, whoever comes first acquires it, whether a creditor with an earlier claim or a creditor with a later claim; for there is no law of priority vis-à-vis chattel. And if neither of them came forward, the chattel is divided between them, as stated below (Chapter 10).] R. Akiva says: "There is no mercy in judgment," and it is given to the heirs. For all require an oath, but the heirs do not require an oath.

Explore related%20passage for Ketubot 9:3. In-depth commentary and analysis from classical Jewish sources.