Kesubos - Daf 92
- If Reuven sold a field to Shimon without acharayus, and Shimon sells it back with acharayus
Rami bar Chama said: ראובן שמכר שדה לשמעון שלא באחריות – If Reuven sold a field to Shimon without acharayus, meaning, that if anyone rightfully collected the field from Shimon, Reuven would not compensate him, and then Shimon came and sold it back to Reuven with acharayus, obligating Shimon to pay Reuven if it was collected from him, and Reuven’s baal chov comes and attempts to collect the field from him, דינא הוא דאזיל שמעון ומפצי ליה – the din is that Shimon must go and save it for Reuven. Rashi explains that if Shimon had sold the field to someone else, and Reuven’s baal chov came, he would have to save the field for that person or compensate him for it, and he would have not received anything from Reuven since Reuven sold it to him without acharayus. Therefore, the same applies when Shimon sells it back to Reuven himself. Rava said to Rami bar Chama: Granted that Shimon accepted upon himself acharayus for claims made against the property because of someone else, but אחריות דנפשיה מי קביל עליה – but did he accept acharayus upon himself for claims made against the property because of the buyer himself? Definitely not. Therefore, Shimon does not need to pay anything to Reuven. The Gemara brings a qualification for Rava’s statement.
- ראובן שמכר כל שדותיו לשמעון וחזר שמעון ומכר שדה אחת ללוי
Rabbah said: ראובן שמכר כל שדותיו לשמעון – If Reuven sold all of his fields to Shimon at one time, which Rashi clarifies were sold in a single shtar, and Shimon then sold one field to Levi, and Reuven’s baal chov comes and wants to collect a loan from one of the properties that Reuven sold, רצה מזה גובה רצה מזה גובה – If he wants he can collect from this one, referring to Shimon, and if he wishes he can collect from this one, referring to Levi. ולא אמרן אלא דזבנה בינונית – We say this only in a case where the field Levi bought from Shimon was average land, which a baal chov collects from. אבל זבנה עידית וזבורית – But if Levi bought superior or inferior land, Reuven’s lender cannot collect from Levi, because Levi can say to him, “It was for this reason that I bothered to buy land from Shimon that is not fit for you to collect”. And even where Levi bought בינונית land from Shimon, we only say this ruling where Levi did not leave behind in Shimon’s possession בינונית land just like it, because if he did, Levi can say to him, "הנחתי לך מקום לגבות הימנו" – “I left you a place from which to collect.”
- When the seller of the field can intercede when the baal chov comes to collect from the buyer
Abaye said: If Reuven sold a field to Shimon with acharayus, and Reuven’s baal chov comes and tries to collect the field from Shimon, the halachah is that Reuven can go and save the field for Shimon by arguing the case with the baal chov, which Rashi explains, could be done by claiming that the baal chov owes him money and the debts should cancel each other, or by demanding that the baal chov take a shavuah that he did not yet pay. The baal chov cannot tell Reuven: לאו בעל דברים דידי את – “You are not my opponent in this matter, and I do not need to respond to you,” for Reuven can respond, “What you take from Shimon will come back to me to pay, as I guaranteed the sale”. There are those that say that this ruling applies even if Reuven sold the field without acharayus. For Reuven can tell the baal chov, "לא ניחא לי דתהוי לשמעון תרעומת עלי" – “I do not want Shimon to have complaints against me.” This is enough for Reuven to be considered a concerned party, and he has a voice in this case.
