1)

RESPONSIBILITY FOR LAND TORN AWAY

(a)

(Rami bar Chama): Reuven sold a field to Shimon, without Acharayos (in case the land is taken from him); Shimon sold it back to Reuven, with Acharayos. Reuven's creditor took the land. Shimon must compensate Reuven.

(b)

Objection (Rava): Granted, Shimon accepted Acharayos for others, but not for when the land is taken due to Reuven!

(c)

Rava admits in the following case:

1.

Reuven inherited a field from Yakov, and sold it to Shimon, without Acharayos. Shimon sold it back to Reuven, with Acharayos. Yakov's creditor took the field from Reuven.

2.

Shimon must compensate Reuven. The creditor of Yakov is like a regular creditor (i.e. he is not like Reuven's creditor).

(d)

(Rami bar Chama): Reuven sold a field to Shimon with Acharayos, and Shimon wrote a document saying that he owes the money. Reuven died, and Reuven's creditor took the field from Shimon. Shimon persuaded him to take the money owed in place of the field.

1.

Reuven's children can say that our father left Metaltelim by you (a monetary debt), and a creditor cannot take Metaltelim of orphans (i.e. the creditor had no claim against us. You did not pay our debt, therefore you still owe to us. Also, since we did not inherit land, you cannot collect compensation (for having lost the field) from us.)

(e)

(Rava): If Shimon is clever, he will pay the orphans with land, and he can collect compensation from it, like Rav Nachman taught;

1.

(Rav Nachman): If orphans collected land for their father's debt, a creditor can collect from it.

2)

A CREDITOR COLLECTS BEINONIS

(a)

(Rabah): If Reuven sold all his fields to Shimon, Shimon sold one of them to Levi, and Reuven's creditor came to take a field, he may collect from whomever he wants.

(b)

This is only if Levi bought Beinonis (middle quality land). If he bought high or low quality land, Levi can say 'I toiled to buy land that you cannot collect!'

1.

Even when he bought Beinonis, the creditor has a choice from whom to collect, only if Levi bought all the Beinonis that Shimon bought from Reuven. If he left some over, he can say 'I left you land by Shimon from which to collect!'

92b----------------------------------------92b

3)

DOES A CREDITOR'S SEIZRE OF LAND AFFECT THE BORROWER?

(a)

Version #1 (Abaye): If Reuven sold a field to Shimon with Acharayos, and Reuven's creditor comes to take it, Reuven can claim in Beis Din to try to stop him;

1.

The creditor cannot say 'you have no case with me', since Reuven can say 'the one you take it from will demand payment from me.'

(b)

Version #2 (Abaye): Even if the field was sold without Acharayos, Reuven (can claim in Beis Din to try to stop him, for he) can say 'I do not want Shimon to have complaints against me.'

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