REVACH L'DAF
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SUMMARY
Shmuel says if someone finds a Shtar Hakna'ah in the market place he shall return it and we are not concerned for the possibility that it may have been paid back. (1)
Shmuel says that the Rabanan hold that even a Shtar without Achrayus Nechasim may be used to collect from Lekuchos because Achrayus is a Ta'us Sofer. (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 that he will pay from Idiyos. (3)
A person sometimes buys land for only one day and therefore regarding a purchase document we don't say Achrayus Ta'us Sofer.
If Reuven sold a field to Shimon with a guarantee and the Ba'al Chov of Reuven attempts to take the field from Shimon, Reuven has the right to make a claim in an attempt to keep the field in the hands of Shimon. (4)
Some say that even if Reuven sold the field to Shimon without a guarantee Reuven has the right to make a claim because he can say that I don't want him to have a grievance against me.
If Reuven sold a field to Shimon without a guarantee and people were claiming that it never belonged to Reuven Shimon may only back out if he had not yet made a Chazakah on the field.
Some say that even if Reuven sold the field with a guarantee Shimon may not back out if he had made a Chazakah. (5)
If someone buys a field and it turns out that it never belonged to the seller Rav holds he collects from the seller the purchase cost plus the cost of any improvements that he made on the property. (6)
Shmuel holds that the buyer may not collect for the improvements from the seller because it looks like Ribis since he is collecting more than he gave. (7)
The Mazon that is promised a wife and daughters in the Kesuvah for after the death of the husband may only be collected from Bnei Chorin.
When someone sells land and his Ba'al Chov takes the land along with the improvements the buyer may collect for the improvements from Bnei Chorin and not Meshubadim.
When a Ba'al Chov collects land that was sold by his debtor he may collect the improvements along with the land but he may not collect the fruit.
If someone steals land along with the fruit of the land and he digs holes in the land and eats the fruit the Nigzal collects for the damage to the land from Meshubadim but for the fruit he collects only from Bnei Chorin.
A BIT MORE
1. However if it is not a Shtar Hakna'ah it shall not be returned because of the concern that the Shtar was written but the loan never took place, but with a Shtar Hakna'ah we don't have that concern because even of the loan never took place he is Chayav because he was Meshabed himself.
2. If a Shtar Halva'ah (loan document) doesn't state that the borrower is accepting Achrayus it must have been the mistake of the scribe to leave out the Achrayus because a person doesn't lend money without the borrower accepting Achrayus.
3. Although Shmuel holds that Achrayus is a Ta'us Sofer that is only with respect to a loan but with respect to a sale of Karka the Sofer must consult with the seller if he is accepting Achrayus for the principle in the event that his Ba'al Chov takes the land from the buyer, 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 Achrayus with Idiyos or only with Beinonis.
4. The Ba'al Chov can't say that you are not my Ba'al Din because Reuven could respond that if it gets taken from him he will demand payment from me.
5. Even though there were claims that it never belonged to Reuven and Shimon has a guarantee on the field Reuven can say when it gets taken from you I will compensate you.
6. In this case the owner doesn't pay the buyer for the improvements because the seller caused the property to depreciate and the value of the land right now together with the improvements is only worth what the land was worth at the time it was stolen therefore in such a case the buyer collects the improvements from the seller.
7. Since the sale was not valid at all as the land did not belong to the seller so the purchase price is tantamount to a loan and therefore he may not be refunded more than he gave because it gives an appearance of Ribis.
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BRIEF INSIGHT
WALKING THE BORDERS
If Reuven sold a field without a guarantee and there were claims that it never belonged to Reuven, the buyer may only back out if he had not yet made a Chazakah on the field. Tosfos explains that the buyer already made a Kinyan on the field with a Kinyan Chalipin but he had not yet paid for the field and when a person buys a field he has in mind that he has the right to back out even after he made a Kinyan as long as he had not yet walked along the borders of the field to check out the field. However, if he bought the field with Achrayus even after he walked along the borders of the field he may back out if there are claims on the field since he had not yet given the money and the money will anyway be returned to him if the field is taken from him.
QUICK HALACHAH
NO GUARANTEES
If Reuven sold a field to Shimon without a guarantee and Levi takes the field from Shimon if Reuven wants to go to Din with Levi he has the right to do so and Levi may not say 'what do you have with me you sold it without Achrayus' because Reuven could respond I don't want Shimon to have a grievance against me that he suffered a loss because of me. However, if he gave the land as a gift Reuven may not make any claims since there wont be a grievance against him. (Shulchan Aruch CM 226:1)
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