Talmud su Ketubbot 12:5

MISHNAH: For tort victims one estimates with best quality land¹If a person is due damages and is not paid, he can ask the court for foreclosure. If the guilty party owns several pieces of land, the tort victim is indemnified, up to the value of his claim, from the land which carries the highest value per unit of surface area. A creditor whose mortgage does not specify a particular piece of land is indemnified from land which the court’s experts assess to be of average value among all of the debtor’s holdings., for a creditor with average quality, and for a woman’s ketubah with lowest quality. Rabban Simeon ben Gamliel²In all other Mishnah sources mentioned in M. S. Feldblum, Diḳduḳe Soferim - Gittin (New York 1966), the name is R. Meїr. says, also for a woman’s ketubah with average quality.

If there is only best quality, one collects from the best quality, [only] average quality one collects from average quality, [only] worst quality one collects from worst quality. Best and average, torts are assessed from best quality, creditors and a woman’s ketubah from average. Average and worst, torts and creditors are assessed from average, a woman’s ketubah from worst. If his best quality was like everybody’s best quality, it is best quality. If his average quality was like everybody’s average quality, it is average quality. If his worst quality was like everybody’s worst quality, it is worst quality³⁵The statement up to here is a baraita, quoted as such in the Babli, Baba Qama 7b. One can foreclose only existing property; the only question which arises is how to classify claims if there are properties of two different qualities but claims for all three. The Babli formulates this as: Do the notions of best, average, and worst refer to the available land or are these general notions used by realtors to classify properties?. If his best quality was like everybody’s average? Rebbi Ze‘ira and Rebbi Ila asked: Let us hear from the following: Average and worst, torts and creditors are assessed from average, a woman’s ketubah from worst. But just as you need in the case that you have best and average quality, torts push creditors to the average, so in this case, of average and worst quality, should not torts push creditors to the worst quality³⁶If his best quality is classified by realtors as average, nevertheless it is his best, reserved for satisfaction of tort judgmens, and creditors should be satisfied with second best quality, even if that is worst in universal classification. This seems to prove that the classifications mentioned in Mishnah and baraita are universal, not referring to the debtor.? Rebbi Yose bar Abun in the name of Rav Ḥisda: Explain it that he had best quality which he sold, and the creditors were already pushed to average quality³⁷His explanation is also given by Rav Ḥisda in the Babli, Baba Qama 8a. As Rashi explains, the loan was taken when there was best quality land; then automatically the average quality land was pledged to the creditor. When later the best quality land was sold, the pledge was not removed. When then a claim for torts was entered, it only could be additional to the existing lien. (The Babli lists three other possible explanations, all agreeing that in a normal case in which only two qualities of real estate are available, the better one is declared best, reserved for the satisfaction of tort claims.).

MISHNAH: One cannot collect for usufruct⁴⁷If a robber took land by force, had its use for some time, and then sold it, the land itself can be reclaimed from the buyer but payment for the illicit use of the land can be exacted only from the robber himself., for improvement of the land⁴⁸If the buyer of some property makes improvements, such as planting fruit trees, and then loses the property through the foreclosure of a prior lien, he can recoup his expenses for the improvements only from the original seller directly., or for sustenance of the wife and the daughters⁴⁹It is a required condition in a ketubah that after the husband’s death his widow and unmarried daughters be sustained by the estate (Ketubot 4:11–12). While the ketubah itself is a mortgage lien on all real estate acquired by the husband, the additional conditions cannot be foreclosed as a mortgage. from incumbered property, for the public good⁵⁰All other Mishnah sources have an additional clause, either as original text or addition: “The finder shall not be made to swear, for the public good.” Since the statement is quoted in the Halakhah (Note 88), it should be read here also..