Gittin - Daf 58
- Rebbe Yishmael ben Elisha’s son and daughter who were taken as slaves and brought together
Among numerous tragedies of the period of the Churban described by the Gemara, Rav relates the story of Rebbe Yishmael ben Elisha’s son and daughter. They were taken as slaves by two masters, and when they met, one said: יש לי עבד שאין כיופיו בכל העולם – I have a slave whose beauty is unparalleled in the world. The other responded that he had a slavewoman whose beauty is unparalleled. They decided to pair them together in a room, intending to divide the offspring. Each sat in a corner, the son saying: אני כהן בן כהנים גדולים אשא שפחה – “I am a Kohen, son of Kohanim Gedolim. I should wed a slavewoman?!” The daughter said similarly, “I am a Kohenes, daughter of Kohanim Gedolim. I should marry a slave?!” They wept the whole night, and when dawn broke, they recognized one another. They fell upon each other and wept bitterly until their souls left them. Yirimiyah lamented over them: "על אלה אני בוכיה עיני עיני יורדה מים" – Over these I weep; my eye, my eye runs with water.
- Buying from a sikrikon and then buying from the owner with a שטר
The Mishnah on Daf 55b taught that initially, one who bought land from a sikrikon (an idolater who seized a Jew’s land) and then purchased it from the owner in an effort to have the owner legitimize the sale from the sikrikon, the sale is void and the land must be returned. Rav says: לא שנו אלא דאמר לו לך חזק וקני – They only taught this where [the owner] told [the purchaser], “Go make a chazakah and acquire it,” אבל בשטר קנה – but if the owner gave him a document of sale, he acquires it. Rashi explains that the owner’s voluntarily writing a שטר indicates his sincere agreement to the sale. Shmuel says: אף בשטר נמי לא קנה – Even with a document, he does not acquire it, עד שיכתוב לו אחריות – unless he writes for [the purchaser] that he accepts responsibility to compensate him if the owner’s creditor collects it. A Baraisa is brought in support of Shmuel, which teaches that one who purchases land from someone, and then purchases the lien on that land (for kesubah) from the seller’s wife, מקחו בטל – the second sale is void (and the lien remains in force), עד שתכתוב לו אחריות – unless she writes for him to accept responsibility to compensate him if the land is later collected. Rav can answer that "אחריות" refers here to a document, because neither party can retract after it is given.
- Land that an idolater seized for a debt, or אנפרות (without cause)
The Mishnah on Daf 55b taught that a later Court ruled that one who purchases land which remained with a sikrikon for twelve months, pays one-quarter to the owner and may keep the land. A Baraisa qualifies this: הבא מחמת חוב – If [an idolater] comes to seize a Jew’s land as payment for a debt, ומחמת אנפרות – or a seizure without any cause, אין בו משום סיקריקון – the law of sikrikon does not apply. Rather, the land is returned to the owner for free. Rashi explains that where the Jew was not threatened with his life, we do not assume he forfeited his property to the sikrikon, even if he did not challenge him for twelve months. Rav Yosef said: אין אנפרות בבבל – there is no land stolen without cause in Bavel, which the Gemara explains to mean the law of land stolen without cause does not apply in Bavel (and the buyer may keep it). The Gemara explains: כיון דאיכא בי דוואר – since there is a courthouse in Bavel, ולא אזיל קביל – yet he did not go to complain about his stolen land, אימא אחולי אחיל – we can assume he pardoned the sikrikon.
