Bava Kamma - Daf 8
- A purchaser of all grades of land can prevent kesubah and debt collections from עידית
A Baraisa teaches that one (who owed for damages, a loan, and a kesubah) who sold all three grades of land to one person, each party collects according to their ordinary laws. After the Gemara establishes that the case is where he bought the properties on different days, and purchased the עידית last, it asks why they do not all collect from עידית (since it was the last property left in the debtor’s possession)? Although one could ordinarily force them to accept their due by threatening to return the זיבורית to the debtor, the Gemara proves that the case is where the debtor died, and the debts cannot be collected from his orphans. It finally answers that the reason they should have been able to collect from עידית (which was bought last) is based on a Rabbinic enactment, made for a buyer’s benefit, requiring collecting from a debtor’s own properties. This buyer can say: אנא בהא תקנתא לא ניחא לי – “I do not want this enactment here, where it causes me a loss,” because Rava taught: כל האומר אי אפשי בתקנת חכמים – anyone who says, “I do not want this Rabbinic enactment made for my benefit,” כגון זו – such as this case (which the Gemara will identify), שומעין לו – we listen to his wishes.
- Reuven sold all his fields to Shimon, then Shimon sold one to Levi, and Reuven’s creditor comes
Rava says that if Reuven sold all his fields to Shimon, and Shimon then sold one of them to Levi, and Reuven’s creditor came to collect his debt, רצה מזה גובה רצה מזה גובה – if he wants, he can collect from [Shimon], and if he wants, he can collect from [Levi]. This is only true where Levi bought בינונית from Shimon (which is the creditor’s entitlement), but if he bought עידית and זיבורית, Levi could say to him: להכי דייקי וזבני עידית וזיבורית – This is why I was careful and only bought עידית and זיבורית, ארעא דלא חזיא לך – which are lands that are not fit for you. Even if Levi did purchase בינונית, if he left behind בינונית in Shimon’s possession, the creditor must collect from Shimon. Tosafos explains that just as Shimon could have forced the creditor to accept a particular בינונית field of his own choosing, Levi acquires that right (through his purchase) and compels him to collect from the remaining fields in Shimon’s possession.
- A seller interceding where his creditor attempts to collect from the buyer
Abaye says that if Reuven sold a field באחריות – with a guarantee to refund the purchase if the field is collected, and Reuven’s creditor comes and attempts to collect it from Shimon, the law is דאזיל ראובן ומשתעי דינא בהדיה – that Reuven may go and argue his case with [his creditor] to prevent the collection (e.g., to claim he already paid). His creditor cannot say "לאו בעל דברים דידי את" – “You are not my opposing litigant, and I do not need to respond to your claims,” because Reuven can respond: אי מפקת מיניה עלי הדר – if you collect the field from him, he will come back to me, demanding a refund. Therefore, Reuven has standing in this case. Some say that even if Reuven sold the field to Shimon without a guarantee, and Shimon cannot demand a refund, Reuven can still argue his case against his creditor, because he can say: לא ניחא לי דתהוי לשמעון תרעומת עלי – I do not want Shimon to have complaints against me for selling him a field that was later collected. This is sufficient for Reuven to have standing in the case.
