Commentary for Gittin 116:16

אמר רב אשי כי תניא ההיא לאחר שבאו מעות לידו אמר רב

does not apply in Babylonia. Why so? — Since there is a Court and yet [the victim] does not go and complain, we presume that he has waived his claim. Giddal son of Re'ilai took a field<span class="x" onmousemove="('comment',' The owners of which had gone away. ');">¹⁵</span> from the owners of a certain stretch<span class="x" onmousemove="('comment',' Who were assessed for the land-tax jointly. ');">¹⁶</span> on condition of paying the tax on it.<span class="x" onmousemove="('comment',' I.e., the pro rata share of that field. ');">¹⁷</span> He paid in advance the money for three years. The first owners eventually<span class="x" onmousemove="('comment',' After one year. ');">¹⁸</span> came back and said to him: You paid the tax for the first year and have had the produce. Now we will pay and I will have the produce. They appealed to R. Papa, who was minded to make him out a warrant against the owners of the stretch.<span class="x" onmousemove="('comment',' For the two years' tax which he had paid in advance. ');">¹⁹</span> R. Huna the son of R. Joshua, however, said to R. Papa: This will mean applying the law of sicaricon?<span class="x" onmousemove="('comment',' [By making the other owners pay him, just as the purchaser of a field from the sicaricon pays the original owner a quarter; and this is not right, since there is no question of sicaricon here, as no one forced him to pay three years' tax in advance.] ');">²⁰</span> No, said R. Huna the son of R. Joshua; he has risked his money and lost.<span class="x" onmousemove="('comment',' Lit., 'he has put his money on the horn of the deer', an expression used for a risky speculation. ');">²¹</span> THIS WAS THE FIRST MISHNAH. THE SUCCEEDING <i>BETH DIN</i> RULED THAT ONE WHO BUYS FROM THE SICARICON SHOULD GIVE THE ORIGINAL OWNER A QUARTER. Rab said: This means either a quarter in land or a quarter In money;<span class="x" onmousemove="('comment',' [That is, the quarter of the purchase price is repaid to the original owner either in land or in money (v. Tosaf.).] ');">²²</span> Samuel said: It means a quarter in land,<span class="x" onmousemove="('comment',' A quarter of the field bought. ');">²³</span> which is [equivalent to] a third of the money. What is the ground of their difference? — One [Samuel] holds that he buys the land for a quarter less than its value,<span class="x" onmousemove="('comment',' I.e., he buys land which is worth four manehs for three manehs. Hence a quarter of the value of the land is equal to a third of the purchase price. ');">²⁴</span> and the other that he buys the land for a fifth less than its value.<span class="x" onmousemove="('comment',' I.e., he buys land which is worth five manehs for four manehs. Hence he returns either a fifth of the land which is the equivalent of the quarter of the purchase price, or one maneh. ');">²⁵</span> An objection was raised: 'This was the first Mishnah. The succeeding <i>Beth din</i> laid down that one who purchases from the sicaricon gives to the original owner a fourth, the latter having his choice of taking the payment either in land or in money. When is this the case? So long as he is not himself in a position to buy. But if the original owner is in a position to buy, he has the right of pre-emption. Rabbi assembled a <i>Beth din</i> and they decided by vote that if the property had been in the hands of the sicaricon twelve months the first comer had the right to purchase, but he had to give the original owner either a fourth in land or a fourth in money'?<span class="x" onmousemove="('comment',' As stated by Rab, and in contradiction of Samuel. ');">²⁶</span> — R. Ashi replied: That teaching applies, after the money has come into his hands.<span class="x" onmousemove="('comment',' I.e., it is a fourth of the total sum paid by the purchaser both to the sicaricon and to the owner. ');">²⁷</span> Rab said:

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