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BAVA BASRA 44
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SUMMARY

1. If a thief stole food and gave it to his children, his children are not liable to make restitution after their father dies.
 
2. The Gemara discusses whether a thief's heir is like one who purchases an item from a thief.
 
3. A person who buys movable objects cannot have them taken away due to an unpaid debt from the previous owner.
 
4. This is despite the fact that the loan document states that collection is even "from the cloak on my shoulders."
 
5. Even if the lender explicitly stated that certain movable objects should be used to collect the loan, such a statement is not always valid.

A BIT MORE

1. Since they did not steal the food, they are not liable.
 
2. Some say that an heir is different, because when he "inherits" the item from his father there is no real change of possession (and therefore he does not acquire the item). This is in contrast to one who bought the item from the thief or who received it from him as a gift. In that case, the item changed possession from the thief to someone else, thereby causing it (together with Ye'ush) to belong to the buyer. Others argue that an heir and buyer are the same, and both effect a change of possession.
 
3. Even though we do say that a person who buys a field from his friend can have his field seized due to an unpaid debt of the seller predating the sale of the field, this is not true about movable objects. Otherwise, people would never buy movable objects from each other (in fear that it would be seized by a creditor).
 
4. While this is true regarding the cloak or any other movable object, it refers only to movable objects that are currently in his possession, not objects that he sold after taking the loan.
 
5. While the Gemara agrees that if he says this regarding a servant it is valid, as people hear that the lender has a lien on this servant, it does not apply if he says it regarding a cow or an ox. This is because this is not publicized enough to make someone who buys the cow or ox aware that he is buying an ox or cow with a lien.

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