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BAVA METZIA 15 - Dedicated by Dr. Chaim and Melissa Lea Bitton of Geneva Switzerland in gratitude to Hashem for the birth of their daughter Aliza last week. May the new mother, Melissa Lea, have a speedy recovery, and may she and her husband raise their daughter l'Torah ul'Chupah ul'Maasim Tovim! Also dedicated towards a Refu'ah Sheleimah for Chaim's mother, Rina Bitton, may she be blessed with long life and good health and merit to see much Nachat from her children and grandchildren.
If someone steals land along with the fruit of the land and the field was robbed from him the Nigzal collects the principle from the Gazlan from Meshubadim and for the fruit he only collects from Bnei Chorin. (1)
If someone steals land along with the fruit of the land and he eats the fruit and than he sells the land when the Nigzal retrieve his land the buyer collects the principle from the Gazlan from Meshubadim and the Nigzal collects the value of the fruit from the Gazlan from Bnei Chorin.
An oral loan may only be collected from Bnei Chorin unless he was taken to Din before he sold his property.
If someone buys a field and it turns out that it never belonged to the seller Shmuel holds that the buyer may not collect money from the seller for the improvements that he made on the land. (2)
Shmuel says that when writing a purchase document the Sofer must consult with the seller before writing that the seller is Meshabed his property for the principle, or for the improvements, or or for the fruit of the land. (3)
When a Ba'al Chov collects land that was sold by his debtor he may collect the land together with the improvements but he may not collect the fruit.
It is forbidden to lend a Se'ah of produce on condition that the borrower will pay him back a Se'ah because maybe the price of a Se'ah will go up in the interim and it will be Ribis. (4)
When Ba'al Chov collects land from Lekuchos he may collects also the improvements that the buyer made from the land because the buyer is compensated for the improvements from the seller.
However, when a Ba'al Chov collects land from a recipient of a gift he may not collect the improvements because the recipient will not be reimbursed for his improvements.
If someone buys land and makes improvements on the land if the land is taken from him he collects the principle from Meshubadim and the improvements from Bnei Chorin. (5)
If someone buys land and improves it and the improvements are worth more than the expenses if the land is taken from him he collects the expenses from the Ba'al Chov and the remainder from the seller. (6)
If the expenses are worth more than the improvements he only collects from the Ba'al Chov the expenses up to the value of the improvements.
According to Shmuel when a Ba'al Chov collects land from the Lekuchos he collects the land together with the produce of the land even if it is fully grown.
It is a Machlokes if when a Ba'al Chov collects land from the Lekuchos if the Lekuchos may pay off the Ba'al Chov with money and prevent him from taking the land.
If the land was an Aputiki for the Chov everyone agrees that the Lekuchos may not pay off the Ba'al Chov with money and prevent him from taking the land.
If someone bys land that he knows is stolen Rav says when the land is taken from him by the Nigzal and he is reimbursed by the Gazlan for the price of the land, but he is not compensated for any improvements that he made on the land. (7)
Shmuel says that he is not reimbursed at all for the land because since he knew it was stolen he must have given the money as a gift.
If someone is Mekadesh his sister with Kesef Rav holds that the money was given as a Pikadon and must be returned while Shmuel holds that the money is a gift
Rava says that the Halachah is that Achrayus is a Ta'us Sofer both with regards to a loan document and a purchase document.
If someone steals land and sells it and subsequently buys it from the Nigzal he doesn't have the right to take the land from the buyer because he sold him every Zechus that he has the land.
A BIT MORE
1. The Nigzal collects the principle from Meshubadim even though there is no Shtar and it is like an oral loan which is only collected from Bnei Chorin because in this case he was taken to Din for the principle before he sold the land but he was not taken to Din for the fruit and once he is taken to Din it has a Kol and therefore it is regarded as a loan with a Shtar.
2. Because it looks like Ribis since he is collecting more than he gave, however he may collect land as payment for the improvements since when he collects land it doesn't look like Ribis, or if he made a Kinyan that is Meshabed himself for the future improvements at the time of the sale.
3. The Sofer must consult with the seller if he is accepting Achrayus for the principle if it is stolen land, and he also must consult with him if he accepts Achrayus for any improvements that the buyer makes on the land and he must consult with him if he accepts on himself to pay for the fruit of the land.
4. Even if he pays back Karka instead of a Se'ah of produce, or he made a Kinyan and was Meshabed himself to pay back the Se'ah it is forbidden because the prohibition of Ribis applies more to a loan than it does to a purchase.
5. Some say that in this case the land was taken by a Ba'al Chov and a Ba'al Chov collects the improvements, while others hold that a Ba'al Chov doesn't collect improvements and in this case the land was taken by a Nigzal and everyone agrees that a Nigzal takes the improvements because it was his land that improved.
6. Even though Shmuel said that a Ba'al Chov collects improvements which implies that he doesn't have to pay the buyer at all for the improvements Shmuel will answer that this case is referring to a Nigzal not to a Ba'al Chov, or he will answer that in this case the Ba'al Chov is only owed the value of the land without the improvements and therefore he must pay for the improvements.
7. Rav holds that since he knew it was stolen he gave the money for the land as a Pikadon and he did not wish to tell him that he is giving it as a Pikadon because he thought that he won't be willing to accept it.
Shmuel says that a Ba'al Chov collects the improvements of the land from a buyer of the land but not from the recipient of a gift because the recipient will not be reimbursed. The Rif says that the Ba'al Chov may only not take the improvements that the recipient spend money on, but the improvements that occurred by themselves he has a right to take even from a recipient. The Ramban explains that even regarding improvements that the recipient spend money on the Ba'al Chov has a right to take the amount of the improvements that is more than the expenses and consequently he may take all of the improvements but he has to reimburse him the recipient for his expenses since he will not be reimbursed by the seller.
If someone steals land and sells it and the buyer improves the land if the improvements are worth more than the expenses he collects the expenses from the owner. According to some opinions even if the field together with improvements is not worth more than it was worth at the time it was stolen, for example the Gazlan caused it to depreciate, even so he collects the expenses from the owner. The principle along with the remainder of the improvements he collects from the Gazlan. The principle is collected from Meshubadim and the improvements are collected from Bnei Chorin. If he knew it was stolen he only collects the principle and he loses the amount of the improvements that is more than the expenses. If the expenses are worth more than the improvements he only collects from the owner for the expenses up to the value of the improvements whether he knew it was stolen or not, while the principle is collected from Meshubadim. According to some opinions if he knew it was stolen he may not even collect his expenses and according to some opinions that if the seller explicitly accepted Achrayus he must give the amount that he accepted upon himself while other disagree(Shulchan Aruch CM 373:1)
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