brought to you by Kollel Iyun Hadaf of Yerushalayim
& Revach l'Neshamah - http://www.revach.net
Rava: If Reuven sells a field to Shimon without a guarantee, and Shimon sells it back to Reuven with a guarantee and then the creditor of Reuven takes the field, Shimon is exempt. (1)
Reuven inherits a field and sells it to Shimon without a guarantee. Shimon then sells it back to him with a guarantee, and the Ba'al Chov of Reuven's father takes it from him, Shimon is obligated to compensate Reuven.
Reuven sells his field to Shimon with a guarantee, and the payment is given as a loan. If the Ba'al Chov of Reuven attempts to take the field and Shimon pays him off, Shimon still must repay the money that he owes for the field. (2)
If orphans collect land as repayment for a Chov that was owed to their father, the Ba'al Chov of their father may collect from that land.
If Reuven sells all of his fields to Shimon and Shimon sells one field to Levi, the Ba'al Chov of Reuven may collect from either Shimon or Levi. (3)
If Reuven sold his field to Shimon with a guarantee, and the Ba'al Chov of Reuven attempts to take the field, Reuven may contest the Ba'al Chov in Beis Din. (4)
According to an alternate version, even if Reuven sold the field to Shimon without a guarantee, he may contest the Ba'al Chov in Beis Din. (5)
A BIT MORE
1. Shimon gave Reuven a guarantee only for if the creditor of Shimon takes the field, not for if the creditor of Reuven takes it.
2. The money that Shimon gave to the Ba'al Chov was not Meshubad to the Chov, because it is Metaltelin and the Metaltelin of orphans is not Meshubad to the Ba'al Chov. Therefore, he should not have given money to the Ba'al Chov. Even though the land was sold to Shimon with a guarantee, the orphans are not obligated to compensate him, because their father left them only Metaltelin, which is not Meshubad to the Ba'al Chov.
3. However, he may collect from Levi only if he bought a field of Beinonis and left no Beinonis with Shimon. Since the law entitles a Ba'al Chov to collect Beinonis, and Levi is the only one with Beinonis, the Ba'al Chov may collect from Levi. However, if the Ba'al Chov chooses, he may collect from the Idis in the possession of Shimon, because he can say to Shimon, "Since you bought all of the fields of Reuven, you are in his place with respect to all of his debts."
4. The Ba'al Chov may not say, "You are not my Ba'al Devarim," because Reuven could respond, "If the field is taken away from Shimon, he is going to demand compensation from me."
5. He may say, "I do not want Shimon to have complaints against me."
If Reuven sells all of his fields to Shimon and Shimon sells one field to Levi, the Ba'al Chov of Reuven may collect from either Shimon or Levi. However, he may collect from Levi only if Levi bought a field of Beinonis and left no Beinonis with Shimon. The Rosh says that since Reuven sold the Beinonis to Shimon, the Ba'al Chov may insist that Shimon give him the Karka of Ziboris that remains in his possession. Even though, normally, the Ba'al Chov may not force the debtor to give Ziboris instead of Beinonis, in this case he may say to Reuven, "You are my Ba'al Devarim because you bought the Karka that was Meshubad to me. Now that you sold the Karka that was Meshubad to me, I will take the Ziboris that remains in your possession."
CONTESTING THE BA'AL CHOV
Reuven sells his field to Shimon without a guarantee. Levi attempts to take the field from Shimon. If Reuven wants to contest Levi in Beis Din, he may do so. Levi cannot say to Reuven, "What business do you have to contest me in Beis Din," because Reuven can say, "I do not want Shimon to complain to me that he suffered a loss because of me." However, if Reuven gave it to Shimon as a gift, he may not contest Levi in Beis Din, because Shimon will have no complaints against him (since he did not pay for the land, he suffered no material loss). (Shulchan Aruch CM 226:1)
Next Daf Index to Revach for Maseches Kesuvos