Sa’if 11, Mechaber: Reuven borrowed a maneh from Shimon. Subsequently, Reuven and his wife jointly borrowed a maneh from Levi. Then Reuven died. Upon his death, his wife, whose right to receive her ketubah money from Reuven’s estate preceded the right of both Shimon and Levi for repayment of their loans, collected her ketubah money from Reuven’s estate. After paying her ketubah money, the estate had no more assets to repay Levi or Shimon. Levi then sued Reuven’s widow, in her capacity as co-borrower and guarantor of Reuven. He collected from her the maneh she had received from Reuven’s estate in payment of her ketubah.
Shimon then came and claimed Levi should hand over the maneh he collected from the widow because he lent money to Reuven before Levi did. Therefore, argued Shimon, he was entitled to be repaid first.
The court will reject Shimon’s claim against Levi. Although Shimon’s right of collection against Reuven’s estate preceded Levi’s, Levi did not violate Shimon’s prior right to the assets of Reuven’s estate. This is because Levi did not collect the maneh from Reuven’s estate at all. He collected it from the widow. After receiving the maneh in payment of her ketubah, the ownership of the maneh passed from Reuven’s estate to the widow. Unlike Levi, who lent to Reuven and his wife jointly and therefore had a claim against the widow, Shimon lent to Reuven only. He has no claim against Reuven’s widow.
