Bava Metzia 15b
בבא מציעא ט״ו ע״ב
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Topic
When a lender takes land back from a buyer (טורף מן הלקוחות), who gets the שבח (improvement) the buyer added? The גמרא works to fit שמואל's ruling with a ברייתא that seems to disagree.
Overview
This amud begins by finishing an answer about a lender who takes land back from a buyer who improved it. Is the lender allowed to keep the buyer's שבח? The גמרא first fits שמואל together with a ברייתא by looking at how ripe the produce is. When that fails, it splits them by the size of the debt, and it closes with the case of an אפותיקי. Next comes a new dispute about a buyer who knew the field was stolen. רב says he gets his money back because it was a פקדון. שמואל says he does not, because it was a מתנה. The גמרא shows that the same dispute appears with a man who does קידושין with his sister, and explains why both cases are needed. רבא then rules like רב, and he also rules that a missing אחריות clause is a טעות סופר. Finally, שמואל asks רב about a גזלן who sold a field and later bought it from the real owner. The amud ends partway through explaining the practical difference between מר זוטרא and רב אשי, and that explanation continues on the next amud.
Opening lines
הַמַּגִּיעַ לַכְּתֵפַיִם,
that reaches the shoulders;
כָּאן בְּשֶׁבַח שֶׁאֵינוֹ מַגִּיעַ לַכְּתֵפַיִם.
here, it is improvement that does not reach the shoulders.
וְהָא מַעֲשִׂים בְּכׇל יוֹם,
But there are incidents every day,
וְקָא מַגְבֵּי שְׁמוּאֵל
and שמואל has the lender collect
The steps (34)
- ResolutionRipe produce versus unripe produce
- Challengeשמואל ruled every day even on ripe produce
- ResolutionIt depends on how big the debt is
- ChallengeThe buyer should get a piece of land worth his improvement
- ResolutionThe field was set aside as the only source of payment
- StatementBuying a field you know is stolen: רב and שמואל disagree
- QuestionWhat is the reason behind their disagreement?
- Responseרב: the money was a deposit
- ChallengeThen why not just call it a deposit?
- ResolutionThe seller would have refused a deposit
- Responseשמואל: the money was a gift
- ChallengeThen why not just call it a gift?
- ResolutionAn open gift would embarrass the seller
- ChallengeDidn't רב and שמואל already argue about this?
- Statementרב's reason: the money to his sister is a deposit
- ChallengeWhy not just call it a deposit?
- ResolutionShe would have refused a deposit
- Statementשמואל's reason: the money to his sister is a gift
- ChallengeWhy not just call it a gift?
- ResolutionAn open gift would embarrass her
- ResolutionBoth cases are needed, part one: רב
- ConclusionBoth cases are needed, part two: שמואל
- ChallengeHow can the knowing buyer use the land at all?
- ResolutionThe buyer plans to act like the seller until the owner comes
- ConclusionThe innocent buyer gets back his money and the value of the improvements
- ConclusionThe knowing buyer gets back his money but not the improvements
- ConclusionA missing guarantee clause counts as the scribe's mistake
- Questionשמואל asks: the robber later buys the field from the real owner
- Responseרב: the seller sold every right he would ever get
- QuestionWhy would the robber want to make the sale good?
- Responseמר זוטרא: he does not want to be called a robber
- Responseרב אשי: he wants to stay trustworthy
- QuestionWhat is the practical difference between the two reasons?
- ResponseThe difference: when the buyer has died