Bava Batra 314:1

אלא הא מני ר' מאיר היא דאמר אדם מקנה דבר שלא בא לעולם

— But [the fact is that] this [Mishnah] represents the view of<span class="x" onmousemove="('comment',' Lit., 'this according to whom? It is'. ');">¹</span> R. Meir who holds [that] a person may transfer possession of something that is not [yet] in existence.<span class="x" onmousemove="('comment',' While Samuel's enquiry had reference to (v. supra 157a) the view of the Rabbis. ');">²</span> R. Jacob of Nehar Pekod<span class="x" onmousemove="('comment',' [A town east of Nehardea, v. Obermeyer, op. cit., 270ff.] ');">³</span> said in the name of Rabina, Come and hear: Ante-dated bonds of indebtedness are invalid<span class="x" onmousemove="('comment',' Since the creditor might unjustly seize the lands which the borrower sold between the date entered in the bond and the actual date of the loan. Only those sold after the actual date are legally mortgaged to the creditor. ');">⁴</span>

אמר רב יעקב מנהר פקוד משמיה דרבינא תא שמע שטרי חוב המוקדמין פסולין והמאוחרין כשרין

and post-dated [ones] are valid.<span class="x" onmousemove="('comment',' Sheb. X, 5, B.M. 17a, 72a, Sanh, 32a. The creditor, by allowing the entry of a later date, has thereby surrendered his right to seize those lands which the borrower sold between the actual date of the loan and the later date that was entered in the bond. ');">⁵</span> Now, if it could be assumed [that where the bond contained the entry]. 'That I may acquire'. [and] he [subsequently] bought and sold [or where it contained the entry] 'That I may acquire' [and] he [subsequently] bought and transmitted [the purchase] as an inheritance, [the land] is not mortgaged, [to the creditor], why [are] post-dated [bonds] valid?<span class="x" onmousemove="('comment',' Lands that the borrower bought (say in February) between the real date of the loan (say January) and the later one (say March) that was entered on the bond, though acquired after the date of the loan, and consequently not mortgaged to the creditor, could nevertheless be seized by him from purchasers who bought these (say in April) on the plea that they were bought by the borrower before the date and sold by him after the date of the loan entered on the bond. And since a post-dated bond is valid, despite this possibility, one must conclude that lands bought and sold after the date of a loan are also mortgaged to the creditor, ');">⁶</span> This [is surely similar to the case of an entry] 'That I may acquire'! — [But] this [may] represent the view of<span class="x" onmousemove="('comment',' V. supra. p. 685, n. 5. ');">⁷</span> R. Meir who holds [that] a person may transfer possession of something that is not [yet] in existence.<span class="x" onmousemove="('comment',' Hence no answer may be derived from it to Samuel's question which had reference to the view of the Rabbis. ');">⁸</span>

ואי סלקא דעתך דאיקני קנה ומכר דאיקני קנה והוריש לא משתעבד מאוחרין אמאי כשרין דאיקני הוא

R. Mesharsheya in the name of Raba said, Come and hear! How [is one to understand the statement that] for improvement of lands [one may not seize any sold property]? If [a person] has sold a field to another who improved it,<span class="x" onmousemove="('comment',' By manuring, ploughing and sowing. ');">⁹</span> and a creditor [of the seller] came and seized it,<span class="x" onmousemove="('comment',' In its improved condition. ');">¹⁰</span> when [the buyer] collects [from the seller].<span class="x" onmousemove="('comment',' Compensation for his loss. ');">¹¹</span> he collects [the value of] the principal [even] from mortgaged property, but [that of the] improvement from free<span class="x" onmousemove="('comment',' V. supra p. 683, n. 11. ');">¹²</span>

הא מני רבי מאיר היא דאמר אדם מקנה דבר שלא בא לעולם

property [only].<span class="x" onmousemove="('comment',' B.M. 14b. ');">¹³</span> Now, if it is assumed, that where [a bond of indebtedness contained the entry]. 'That I may acquire'. [and] the debtor bought [land] and sold [it, or where the bond contained the entry]. 'That I may acquire'. [and] he bought [land] and transmitted [it] as an inheritance, [that land is] not mortgaged [to the creditor], why does the creditor seize the improvement[s]?<span class="x" onmousemove="('comment',' The improvements, surely, took place after the loan was made. ');">¹⁴</span> — This [may] represent the view of<span class="x" onmousemove="('comment',' V. supra p. 685. n. 5. ');">¹⁵</span> R. Meir who holds [that] a person may transfer possession of something that is not [yet] in the world.

אמר רב משרשיא משמיה דרבא תא שמע לשבח קרקעות כיצד הרי שמכר שדה לחבירו והשביחה ובא בעל חוב וטרפה כשהוא גובה גובה את הקרן מנכסין משועבדין ואת השבח מנכסין בני חורין

If [a good reason] could be found for the statement<span class="x" onmousemove="('comment',' Lit., 'to say'. ');">¹⁶</span> [that where there was an entry in a bond of indebtedness], 'That I may acquire'.<span class="x" onmousemove="('comment',' I.e., the debtor pledged for his loan not only the lands that he already possessed but also those that he may acquire in the future. ');">¹⁷</span> [and the debtor subsequently] bought [land] and sold [it, or where the bond contained the entry]. 'That I may acquire',<span class="x" onmousemove="('comment',' I.e., the debtor pledged for his loan not only the lands that he already possessed but also those that he may acquire in the future. ');">¹⁷</span> [and the debtor subsequently] bought [land] and transmitted it as an inheritance, [that land is] not mortgaged [to the creditor, the question that follows does not arise], since [the land was] not [in any way] mortgaged. If, [however. a reason] could be found for the statement<span class="x" onmousemove="('comment',' Lit., 'to say'. ');">¹⁶</span>

ואי סלקא דעתך דאיקני קנה ומכר דאיקני קנה והוריש לא משתעבד בעל חוב אמאי גובה שבחא

[that such land]<span class="x" onmousemove="('comment',' Bought and sold under the conditions just described, (Cf. previous note). ');">¹⁸</span> is mortgaged [to the creditor, the question arises as to] what [is the ruling in the case where the debtor] borrowed [from one person].<span class="x" onmousemove="('comment',' And pledged his present and future possessions. V. supra, n. 3. ');">¹⁹</span> and [then] borrowed [from another],<span class="x" onmousemove="('comment',' To whom he gave the same security as to the first. ');">²⁰</span> and then purchased [some real estate which he subsequently sold].<span class="x" onmousemove="('comment',' Or transmitted it as an inheritance. ');">²¹</span>

הא מני ר' מאיר היא דאמר אדם מקנה דבר שלא בא לעולם

[Is this land] mortgaged to the first [lender],<span class="x" onmousemove="('comment',' Since his security was obtained before the second loan was incurred, he is also entitled to the priority of his claim. ');">²²</span> or is it mortgaged to the second?<span class="x" onmousemove="('comment',' Lit., 'last'. As it might be maintained that the hold of the first creditor on the property which was non-existent at the time of the loan is not sufficiently strong to prevent the debtor from withdrawing it from him and assigning it as security to a second creditor. ');">²³</span> — R. Nahman replied: We [also] have raised the same<span class="x" onmousemove="('comment',' Lit., 'that'. ');">²⁴</span> question,<span class="x" onmousemove="('comment',' Lit., 'thing'. ');">²⁵</span>

אם תמצא לומר דאיקני קנה ומכר דאיקני קנה והוריש לא משתעבד הא לא משתעבד אם תמצא לומר משתעבד לוה ולוה וחזר וקנה מהו לקמא משתעבד או לבתרא משתעבד

and [a reply] was sent from Palestine<span class="x" onmousemove="('comment',' Lit., 'From there'. The statement was made in Babylonia where Palestine was often referred to as 'there'. ');">²⁶</span> [that] the first acquired [the right of seizing that land]. R. Huna said: They<span class="x" onmousemove="('comment',' The two creditors. ');">²⁷</span> divide [the land among themselves].<span class="x" onmousemove="('comment',' The land having been purchased after the second loan, when both creditors had equal security on the debtor's possessions, it must be equally divided between them in proportion to their respective claims. ');">²⁸</span> And Rabbah b. Abbuha also learned [that the land] is to be divided [between them].<span class="x" onmousemove="('comment',' The two creditors. ');">²⁷</span>

אמר רב נחמן הא מילתא איבעיא לן ושלחו מתם ראשון קנה רב הונא אמר יחלוקו וכן תני רבה בר אבוה יחלוקו אמר רבינא מהדורא קמא דרב אשי אמר לן ראשון קנה מהדורא בתרא דרב אשי אמר לן יחלוקו והלכתא יחלוקו

Rabina said: In the first version,<span class="x" onmousemove="('comment',' [Thus, Yad Ramah.] ');">²⁹</span> R. Ashi told us<span class="x" onmousemove="('comment',' He is said to have lived sixty years, and to have concluded at the age of thirty the first version of his lectures, and at the age of sixty (i.e., during the second thirty years of his life), his second version. [V. Letter of Sherira Gaon, ed. Lewin, 93-94. The tradition connecting R. Ashi with the Editorship of the Talmud is based on this statement, v. Brill, N., Jahrbucher, II, 10. Halevy, Doroth, II, 263ff., however, disputes this.] ');">³⁰</span> [that] the first [creditor] acquired [the right over the land];<span class="x" onmousemove="('comment',' V. supra p. 687, n. 4. ');">³¹</span> the second<span class="x" onmousemove="('comment',' Lit., 'last'. Cf. p. 687, n. 14. ');">³²</span>

מיתיבי לשבח קרקעות כיצד הרי שמכר שדה לחבירו והשביחה ובא בעל חוב וטרפה כשהוא גובה גובה את הקרן מנכסין משועבדין ואת השבח מנכסין בני חורין ואם איתא חצי שבח מבעי ליה

version of R. Ashi [however], told us [that the land was] to be divided.<span class="x" onmousemove="('comment',' V. supra p. 687, n. 14. ');">³³</span> And the law is [that the land] is to be divided.<span class="x" onmousemove="('comment',' V. supra p. 687, n. 14. ');">³³</span> An objection was raised: How [is one to understand the statement that] for improvement of lands [one may not seize any sold property]? If [a person] has sold a field to another who improved it, and a creditor [of the seller] came and seized it,<span class="x" onmousemove="('comment',' V. supra p. 686, n. 5. ');">³⁴</span> when [the buyer] collects [from the seller]<span class="x" onmousemove="('comment',' V. ibid. n. 6. ');">³⁵</span>

מאי גובה נמי דקתני חצי שבח:

he collects [the value of] the principal [even] from sold property but [that of the] improvement from free<span class="x" onmousemove="('comment',' V. supra p. 683, n. 11. ');">³⁶</span> property [only]. Now, if that were so,<span class="x" onmousemove="('comment',' Lit., 'and if there is', i.e., if the law is that the second creditor has equal rights with the first, owing to the fact that the land in question was purchased after the second loan. ');">³⁷</span> he<span class="x" onmousemove="('comment',' The buyer. ');">³⁸</span> should [only be able to claim] half [the cost of his] improvement!<span class="x" onmousemove="('comment',' The buyer, who received no less security for his purchase than the creditor for his loan, should have the same rights as the creditor, just as, in the previous case, the second creditor has the same rights as the first. The improvement of the land, which obviously took place after the sale, may be regarded as land purchased by the debtor after the second loan and sold (since the improvement is claimed from him by both, first by the creditor and ultimately by the buyer. and, in either case, it was no more in his possession than the land sold). Accordingly, the creditor and the buyer (like the two creditors supra) are entitled to equal shares. The creditor could thus seize only half the value of the improvement, the other half remaining with the buyer. Why then should be collect from the seller its full value? ');">³⁹</span> — [The expression]. 'he collects', which was used,<span class="x" onmousemove="('comment',' Lit., 'taught'. ');">⁴⁰</span> also implies half [the value of his] improvement.