REVACH L'DAF
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SUMMARY
If someone steals a field and sells it and than he buys it from the Nigzal he may not take the field from the person he sold it to.
If someone steals a field and he gave the field as a gift and than he buys it from the Nigzal it is a Machlokes if he may take the field from the person he gave it to.
If someone steals a field and sells it and than he sells it or gives it to someone else and subsequently buys it from the owner he may take the field back from the person he sold it to. (1)
If someone steals a field from one of his relatives and sells it and than he inherits the field he may take the field back from the buyer. (2)
If the Gazlan sold the stolen field and subsequently collected the stolen field for a Chov that was owed to him if he had the opportunity to collect a different field and he chose to collect this one he may not the field back from the person he sold it to. (3)
If the Gazlan received the stolen field as a gift after he sold it is a Machlokes if he may take the field back from the buyer. (4)
R. Huna says the Gazlan may not take the field back from the buyer only if he buys the field from the Nigzal before he is taken to Din. (5)
If someone tells his friend that I am selling you what I will inherit from my father or what I will trap it is not a sale.
If he says I am selling you what I will inherit today from my father or what I will trap today it is a sale. (6)
If someone tells his friend that the field I will when I buy it you should have a Kinyan on it from now it is valid.
If someone tells a woman you shall be Niskadshah when one of us becomes a Ger or is freed from servitude or after your husband dies or you do Chalitzah or after your sister dies it is not a Kidushin according to the Tana Kama, while R. Meir argues. (7)
Shmuel says if someone finds a Shtar Hakna'ah he should return it because we are not concerned that it has already been paid because if it was paid the borrower would have immediately ripped it up. (8)
If someone finds a Ma'aseh Beis Din he shall return it because we are not concerned that it was paid. (9)
If a debtor doesn't pay his debt and Beis Din evaluated his land and gives it to the Ba'al Chov, Nehardai holds if he pays the Chov with 12 months he is given his land back
Ameimar holds that he is given his land back even if he pays the Chov after 12 months.
R. Yochanan says that if someone finds a Shtar even if it was affirmed by Beis Din he should not return it because of the concern that it may have been paid.
A BIT MORE
1. Since he sold the field to someone else after he sold it to the first person it is obvious that he is not a person that cares if he is considered trustworthy or not and therefore he did not buy the field with the intent that it will remain in the hands of the person he sold it to first.
2. His inheritance of the field is not an act on his part and he did not do anything show that he wants to keep the field in the hands of the buyer.
3. Since he took this field instead of a different one it must be that he collected in order that the field will stay in the hands of the buyer.
4. According to one opinion a gift is the same as an inheritance because it occurred without an action on his part, while the other opinion holds that he must have done some act to convince the Nigzal to give him the field as a gift and therefore it is like a purchase and he may not take the field back.
5. Chiya Bar Rav says that he may take it back only if he bought it back before the buyer is given a Shtar Adrachta which allows him to grab any property that he finds which belong to the Gazlan, while R. Papa holds that he may take it back only if he bought it before the Beis Din begins to auction off his property in order to pay the buyer his money..
6. His father is deathly ill and the money is needed for the burial expenses and in the second case he needs the money for his daily sustenance and therefore the Rabanan decreed that the sale is valid even though normally someone who sells something that doesn't yet exist is not a sale.
7. R. Meir holds that a person pay be Makneh something that doesn't yet exist even if the item he is being Makneh his a specific item.
8. A Shtar Hakna'ah is when the borrower is Makneh his property immediately even though the loan had not yet taken place and therefore there is no concern that the Shtar was written even though the loan never took place because even if that was the case the Ba'al ha'Shtar may collect from him since he was Makneh his property upon the writing of the Shtar.
9. R. Zeira says that the Ma'aseh Beis Din is a reference to a Shtar Chalateta which gives the holder a right to take a specific piece of land from his debtor, or a Shtar Adrachta which gives the holder a right to take any property that he can find which belongs to his debtor.
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BRIEF INSIGHT
COLLECTING A CHOV
If the Gazlan collected the stolen field for a Chov that was owed to him after he sold it, if he had the opportunity to collect a different field and he chose to collect this one he may not take the field back from the buyer. The Rashba says that even if the Nigzal has more than one land, but this land borders the land of the Gazlan, or it is a superior piece of land, or if there is any other reason to believe that the Gazlan took this land for his Chov for a reason other than that he wanted the buyer to keep the land the Halachah is that the Gazlan may take the land from the buyer because the buyer is not considered Muchzak on it and therefore the Gazlan has the upper hand.
QUICK HALACHAH
SELLING STOLEN GOODS
If someone steals land and sells it or gives it as a gift, which is a meaningless act, if the Gazlan subsequently buys the land from the Nigzal the land now belongs to the person that the Gazlan sold it or gave it to because the Gazlan bought it for that reason so that the recipient will be able to hold on to the land. Therefore if he doesn't buy it until the person he sold it to made a claim in Beis Din that he sold him land that didn't belong to him and Beis Din was Mechayev him and started auctioning his property for the purpose of paying the buyer and only after that the Gazlan bought the land the land doesn't belong to the buyer and the Gazlan or his inheritors may take the land from the buyer. (Shulchan Aruch CM 374:4)
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