But it is a daily occurrence that courts permit creditors to collect from liened property in cases where the unsold property became ruined, as in the case of a certain man who mortgaged his orchard [pardeisa] to another person for 10 years, thereby allowing the latter to consume the produce as payment of the loan that the owner of the orchard owed him. After 5 years the orchard grew old and no longer produced as it once did. The creditor came before the rabbis to argue his claim, and they wrote him a document of authorization to repossess liened property from those who purchased land from the debtor after the giving of the loan. This proves that if unsold property becomes unproductive, a creditor may collect his debt from liened property.
התם נמי, אינהו הוא דאפסידו אנפשייהו, כיון דהוו ידעי דפרדיסא עביד דקיש, לא איבעי להו למיזבן.
The Talmud answers: There too, it was they, the purchasers, who brought this loss upon themselves since they know that an orchard tends to age. Therefore, they should not have purchased the land from the debtor because they should have realized that there was a chance that he would be unable to pay off his debt with the fruits of the orchard, and the creditor would repossess the land they were purchasing.
והלכתא: אישתדוף בני חרי — טרפא ממשעבדי.
The Talmud concludes: And the halakha is that if unsold property became blighted, the creditor may repossess liened property that has been sold to a third party.
אמר אביי: ״נכסי ליך ואחריך לפלוני״, ועמדה וניסת — בעל לוקח הוי, ואין ל״אחריך״ במקום בעל כלום.
Abaye said: If a man said to an unmarried woman: My property is hereby bequeathed to you, and after you die it will pass to so-and-so, and the woman went and married someone and then died, her husband takes possession of the property and is considered a purchaser, i.e., it is as if the woman sold him the property. And the individual that the man had designated to receive the property after you, i.e., after the woman, receives nothing in a case where there is a husband. This is because during the time that the property belongs to the woman it is hers completely, and all transactions she performs are considered valid. Consequently, her husband, who is considered a purchaser, may keep the property after her death.