Tuesday, April 28, 2015

Ketubot 85 – Taking the law into one's own hands

We mentioned that when a man dies, his creditors, who usually have a little claim against the man's heirs, can somewhat take the law into their own hands and seize the deceased's property. Here is a story.

A man died, and his creditor, Yeimar, sent an agent to seize the man's boat. The agent did so, and as he was towing the boat, he was met by Rav Pappa and Rav Huna. They told the agent, "You are just an agent, not a creditor, so you have no right to seize anything since you deprive other creditors!" Then they seized the boat themselves because they, too, loaned money to the deceased.

So now Rav Pappa rowed the boat while Rav Huna pulled it with the rope, each claiming that he thus acquired the boat. In this way, they came to Rava to (in the language of the Bard) "try whose right, of thine or mine, is most in this boat."

Rava told them, "White geese, you strip clothes off people!" That was a compliment: white because they were old and gray, and geese because it is a sign of wisdom in a dream. Rava continued, "The law is like Rabbi Akiva, who only allows you to seize the property while the debtor is alive, not after his death!"

Art: Towing the Boat by Winslow Homer

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