For the source text click/tap here: Ketubot 92
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Steinsaltz records:
Jewish law recognizes that formal loans that are recorded in signed contracts create liens of the property of the borrower that effectively guarantee payment of the loan. Therefore, if a borrower cannot pay back his loan, the lender has the right to take possession of real estate that was owned by the borrower at the time of the loan – even if it had subsequently been sold to a third party. Clearly the borrower will have to make amends with the purchaser, given that the sale has effectively been nullified.
In our Gemara, Abaye teaches that in a case where “Reuven” sold property to “Shimon” – and guaranteed the sale – and Reuven’s creditor came and collected the property from Shimon as payment of Reuven’s outstanding loan, it would be appropriate for Reuven to enter negotiations with the creditor.
We examine the notion of debt consolidation and use the (timely) opportunity to discuss Spiritual debts and the history and literary analysis of the Unetaneh Tokef Prayer, whether its theology is possible today.