פירוש על בבא קמא 15:11
Tosafot on Bava Kamma
All [the buyers] replace the [land’s prior] owner. The purchasers of the fields assume the responsibilities of the original owner. The purchaser of the finest field will pay the victim of damages. The purchaser of the medium-quality will pay the creditor and the purchaser of the poorest quality will pay the k’suboh. It is clear that the victim of damages will definitely be able to collect from a field that the damager sold. Tosafot examines this ruling in view of the general rules of collecting from property that was sold.
And if you ask: Damages are equivalent to a loan that is not documented, since the obligation is not written in a document and a loan that is not documented cannot be collected from property that was sold1See Bava Batra 175a. The Mishna there says that one can collect a documented loan from property that the debtor sold but not a undocumented loan, even though there are witnesses that the loan transpired. by the borrower? Why is our Gemara certain that the victim of damages can collect from property that the damager sold?
And we can answer: That when they stood at a Din Torah and the obligation to pay was established by the court, it is equivalent to a documented loan and one is paid from property that the borrower sold, as the Gemara says in HaGozail basro (Bava Kamma 112)2This is a printer’s error. The Gemara is actually in Hagozail Aitzim 105a. and in some other places.
Alternatively, damages are a loan that is written in the Torah, which is equivalent to being written in a document and the purchasers of the property are liable to pay. (See Kidushin 13b).3See Rashba who based on a Gemara in Bava Metzia suggests that damages are usually public knowledge and are therefore equivalent to a documented loan. See Shulchon Oruch C. M. 119, Sifsay Kohain 7, who discusses this opinion.
And if you ask: Damages are equivalent to a loan that is not documented, since the obligation is not written in a document and a loan that is not documented cannot be collected from property that was sold1See Bava Batra 175a. The Mishna there says that one can collect a documented loan from property that the debtor sold but not a undocumented loan, even though there are witnesses that the loan transpired. by the borrower? Why is our Gemara certain that the victim of damages can collect from property that the damager sold?
And we can answer: That when they stood at a Din Torah and the obligation to pay was established by the court, it is equivalent to a documented loan and one is paid from property that the borrower sold, as the Gemara says in HaGozail basro (Bava Kamma 112)2This is a printer’s error. The Gemara is actually in Hagozail Aitzim 105a. and in some other places.
Alternatively, damages are a loan that is written in the Torah, which is equivalent to being written in a document and the purchasers of the property are liable to pay. (See Kidushin 13b).3See Rashba who based on a Gemara in Bava Metzia suggests that damages are usually public knowledge and are therefore equivalent to a documented loan. See Shulchon Oruch C. M. 119, Sifsay Kohain 7, who discusses this opinion.
Ask RabbiBookmarkShareCopy