REVACH L'DAF
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SUMMARY
Reuven sells his field to Shimon without a guarantee, and the ownership of the field is then contested. If Shimon has not yet made a Chazakah on the field, he may back out of the purchase. (1)
If Shimon already made a Chazakah on the field, he cannot back out of the transaction. He must pay for the field even though it is being contested. (2)
According to an alternate version, even if one bought the field with a guarantee, he cannot back out once he makes a Chazakah on it. (3)
When a person walks along the boundary of a field that he is purchasing, it is regarded as a Chazakah.
A man was married to three women, and he died. One widow has a Kesuvah of 100 Zuz, the second has a Kesuvah of 200, and the third 300. The husband left only 100 Zuz. All of the wives divide the money equally.
If the husband left over 200 Zuz, the wife who has a Kesuvah of 100 takes 50, and the other two wives take 75 each. (4)
If the husband left over 300 Zuz, the wife who has a Kesuvah of 100 takes 50, the wife who has a Kesuvah of 200 takes 100, and the other wife takes 150. (5)
Ravina: The Mishnah is discussing a case in which the three wives seized Metaltelin for the Kesuvah, and they seized it in two stages. (6)
Rebbi: Even in a case in which the husband leaves over 300 Zuz, the three wives divide the money equally between them even though the values of their Kesuvos are disparate.
Shmuel: If two people invest unequal sums of money together, they nevertheless divide the profits equally.
Rabah: Two investors divide their profits equally only if they are using their investment for an ox that is used for plowing. (7)
Rav Hamnuna: Even if their investments are being used for an ox for slaughter, the profits are divided equally.
If two people invested money in oxen separately, and their oxen became mixed up, they divide the oxen in accordance with the amount that each one put in.
Three partners invested old coins and profited new coins. The coins are divided in accordance with the amount each one put in. (8)
A man was married to four women and died. The women collect their Kesuvos in the order of the dates of their Kesuvos. (9)
If the Kesuvah of all four wives have the same date, they collect their Kesuvos in the order of the time of day written in their Kesuvos. (10)
A BIT MORE
1. If Shimon has not yet given the money for the field, he does not have to give it and he may return the field instead. However, once he has paid for the purchase, he cannot demand his money back.
2. Shimon took a chance when he bought the field without a guarantee, and now he suffers the loss. Had he bought the field with a guarantee, he could have backed out, because anyway when the field is taken from him, the seller will have to return his money.
3. Even though the field is being contested, he must pay for the field, because the seller may say to him, "When the field is taken from you and you show me your Shtar Tirfa (document that attests that the field was taken by a Ba'al Chov), I will compensate you.
4. Shmuel says that even though the wife who has a Kesuvah of 100 Zuz should get only 33 Zuz because she has a one-third share only in the first 100 Zuz, in this case the wife who has a Kesuvah of 200 Zuz promised her that she will not contest the first 100 Zuz with her. Therefore, the wife who has a Kesuvah of 100 Zuz takes 50 Zuz from the first 100 Zuz. The remaining 150 Zuz is split between the wife who has a Kesuvah of 200 Zuz and the wife who has a Kesuvah of 300 Zuz.
5. According to Shmuel, even though the wife who has a Kesuvah of 200 Zuz should receive only 75 Zuz since she is dividing the first 200 Zuz with two other wives, in this case the wife who has a Kesuvah of 300 Zuz promised the other wives that she will not contest the first 100 Zuz. Therefore, the wife who has a Kesuvah of 200 Zuz divides the first 100 Zuz with the wife who has a Kesuvah of 100, and she divides the second 100 Zuz with the wife who has a Kesuvah of 300 Zuz.
6. In the case of the Mishnah in which the husband left 200 Zuz, they seized 75 Zuz in the first stage, which was divided equally among them. In the second stage they seized 125 Zuz, the wife who has a Kesuvah of 100 has rights to a share of the first 75 since she so far has received only 25. Therefore, the first 75 is divided equally among them, and the last 50 is divided up between the wives who have a Kesuvah of 200 and 300. In the third case of the Mishnah, they seized 75 Zuz in the first stage which was divided equally among all of them. In the second stage, they grabbed 225 Zuz. The wife who has a Kesuvah of 100 has rights to a share of the first 75, and the wife who has a Kesuvah of 200 has a right to a share in the first 175. Therefore, the first 75 is divided equally among all of them and the next 100 is split between the wives who have a Kesuvah of 200 and 300, and the last 100 is taken by the wife who has a Kesuvah of 300.
7. Since the portion that each one has in the ox depends on the other, they share the profits equally. However, if their investment is being used for an ox for slaughter, even if they originally bought the oxen with intent to use it for plowing, the profits are divided in accordance with the amount of money each one put in.
8. If the coins they invested became invalid, they also divide the coins in accordance with the amount each one put in.
9. Each one of the women must make a Shevu'ah to the remaining wives when they collect their Kesuvah, with the exception of the last one to collect. Ben Nanas says that the last one to collect also must make a Shevu'ah.
10. If the time of day for all of them is the same, they divide the money between them equally.
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BRIEF INSIGHT
A CONTESTED FIELD
According to the second version of the Gemara, even if Reuven sells his field to Shimon with a guarantee, if Shimon already made a Chazakah on the field he cannot back out and he must pay for the field even though the ownership of the field is being contested. The Rosh says that Reuven must pay for the field only if the person contesting it has not yet shown Beis Din any proof that the field belongs to him. However, if he brought an unverified Shtar to Beis Din and says that he wants to verify it, or if he says that he is going to bring witnesses within thirty days who will testify that the field belongs to him, Shimon does not have to pay for the field and he can wait until after the thirty days have passed.
QUICK HALACHAH
WITHHOLDING INFORMATION
It is forbidden to sell Karka or Metaltelin to another if the ownership of the property is contested. Even if it is being sold with a guarantee, the buyer does not want to have to go through the trouble of going to Beis Din and demanding his money back. (Shulchan Aruch CM 226:6)
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