POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Metzia 14
BAVA METZIA 11-17 - This study material has been produced with the help of
the Israeli ministry of religious affairs.
1) THE BERAISA REFUTES SHMUEL
(a) Shmuel establishes the Mishnah as R. Elazar - the Beraisa
refutes him as it refutes R. Elazar.
2) ACHRAYUS IN A SALE
(b) Also - Shmuel said that one who finds a Hakna'ah document
should return it, we are not concerned for repayment -
but the Beraisa says that we do not return a document
with Achrayus, even when both admit, implying that we are
1. All the more so, when the borrower does not admit,
we are concerned!
(c) (Shmuel): Chachamim hold that every document should have
Achrayus - if it is not mentioned in the document, we
attribute this to a mistake of the scribe, and we
consider it as if Achrayus is written in the document.
(d) Question (Rava bar Isi): This contradicts another
teaching of Shmuel!
1. (Shmuel): A scribe must consult (with Reuven, the
seller of a field) before writing the following
provisions in the document (in case Reuven's
creditor will take the field from the buyer
(e) Answer: No - by a loan, every document should have
Achrayus - a person only lends money on condition to get
i. Improvements (if Shimon improved the field and
it was taken, Reuven compensates him);
2. Suggestion: One of these was mistakenly said in
ii. Idis (Shimon will be compensated from highest
iii. A lien (on Reuven's property to repay Shimon if
the land is taken).
1. By a sale, the scribe must consult - people
sometimes buy land, even without assurance that they
will keep it a long time.
2. Avuha bar Ihi bought an upper story from his sister.
His sister's creditor took it.
3. Shmuel: Did she write for you Achrayus?
4. Avuha: No.
5. Shmuel: You receive no compensation.
6. Avuha: But you hold that if Achrayus is not
mentioned in the document, this is a mistake of the
7. Shmuel: That is by a loan; by a sale, people
sometimes buy land without assurance of keeping it a
(a) [Version #1 (Abaye): Reuven sold a field to Shimon with
Achrayus; Reuven's creditor (Levi) took it - Reuven can
take Levi to Beis Din to contest this.
1. Levi cannot say 'You have no claim against me (since
I did not take from you), because Reuven must
compensate Shimon for what Levi took.]
(b) [Version #2 (Abaye): Even if Reuven sold without
Achrayus, he can take Levi to Beis Din - (even though
Reuven need not compensate Shimon,) he can say, I don't
want Shimon to bear a grudge against me.]
(c) [Version #1 (Abaye): Reuven sold a field to Shimon
without Achrayus; people protested (saying the field
belonged to them). Before Shimon makes a Chazakah, he can
withdraw from the sale; after making a Chazakah, he
3) COMPENSATION FOR IMPROVEMENTS
1. Reuven can say - you knew you were taking a risk.
(d) [Version #2: Even if Reuven sold with Achrayus, Shimon
cannot retract after making a Chazakah;
2. Question: When do we say that Shimon made a
3. Answer: When he walks around the borders.]
1. Reuven can say 'if and when Beis Din rules that it
is theirs, I will compensate you'.
(a) (Rav): Reuven sold a field to Shimon; it was found that
it was not Reuven's. Shimon receives what he paid, and is
also compensated for improvements he made to the land.
(b) (Shmuel): Shimon receives what he paid, he is not
compensated for improvements.
(c) Question: (According to Shmuel) - what if Reuven
stipulated that he will compensate him for improvements
if it is taken?
1. If Shmuel says that he is exempt from compensating
for improvements because he did not stipulate -
here, he stipulated (he is liable)!
(d) Rav Huna was unsure.
2. Or - is Shmuel's reason because, since Shimon never
truly received land, it is as if he lent Reuven the
money, and if Reuven will compensate him it appears
as usury - even if he stipulated, he does not pay?
(e) (Rav Nachman citing Shmuel): Shimon receives what he
paid, he is not compensated for improvement, even if
1. Since Shimon never received land, it appears as
(f) Question (Rava - Mishnah): It was enacted that the
following are not paid from sold property: produce that
was eaten (this will be explained), improvements on land,
food for the widow and daughters.
1. They are not paid from sold property, but they are
paid from unsold property!
(g) Answer: No - a creditor took it.
2. Suggestion: Improvements on land refers to when it
was found to be stolen.
(h) Question: But the Mishnah teaches produce that was eaten-
- if a creditor took the land, he does not take produce!
1. (Shmuel): A creditor takes improvements.
(i) Answer: No - produce is when the land was stolen;
improvements are when a creditor took it.
i. Inference: He only takes improvements, not
2. We must say, this case (produce) is when the land
was stolen; presumably, also the next case