Bava Batra 169B

Study Bava Batra folio 169B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

אמר להו: בעלמא כותבין שובר, והכא היינו טעמא ⁠– דדלמא אזיל בעל חוב וטריף מיניה דלוקח, ואזיל איהו וטריף לקוחות, ושובר גבי לקוחות ליכא.

Rav Pappa or Rav Ashi said to them: Do not draw this conclusion. It is possible that the tanna of the baraita holds that generally the court writes a receipt when a creditor has lost his promissory note. And here, this is the reason that it does not write a receipt: As, perhaps the creditor, i.e., the one from whom the property was stolen, will go and repossess property from the purchaser who bought the stolen land, and the purchaser, seeking reimbursement in accordance with the guarantee, will go and repossess property from other purchasers who had later bought property from the same seller. And the receipt will not help, because it is not with the purchasers who bought property from the seller, but is in the possession of the seller himself. The purchasers, who are the ones who will suffer from the double collection, have no protection; they will in fact not even be aware that they are the victims of a double collection.

סוף סוף, לקוחות לאו אמרי דארעא הדרי?

The Talmud asks: Ultimately, don’t these purchasers go back to the owner, i.e., the seller, of the land to demand reimbursement? At that point the seller will produce the receipt, exposing the double collection, and the entire process will be reversed, so that ultimately the purchaser who suffered from the unjust collection will obtain possession of his property.

אדהכי והכי שמיט ואכיל פירי.

The Talmud answers: While it is true that ultimately the deception will be discovered, in the interim, between the time the land was unjustly repossessed from the purchaser and the time when the injustice is reversed, the one who repossessed the land seizes the land and consumes its produce, i.e., he enjoys the profits produced by the land, and it will be difficult to receive full reimbursement for this stolen produce.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.