One

<<it is,

<<for one

<<reason

<<it is:

<<because

<<he says —

<<Rabbi Elazar —

<<the dispute is

<<where does not

<<the debtor

<<admit,

<<he

<<explains

<<thus.

A refutation of

<<Shmuel

<<in two:

<<one

<<like Rabbi Elazar,

<<for indeed

<<he establishes

<<our Mishnah

<<where does not

<<the debtor

<<admit.

And one,

<<for Shmuel said:

<<if he found

<<a document of

<<conveyance

<<in the market

<<he must return it

<<to the owners,

<<and we are not

<<concerned

<<for repayment.

A refutation,

<<for it teaches

<<here:

<<even though

<<both of them

<<admit

<<he may not

<<return it,

<<neither

<<to this one

<<nor

<<to that one —

<<apparently

<<we are concerned

<<for repayment;

<<and all the more so

<<here

<<where does not

<<admit

<<the borrower,

<<that we are concerned

<<for repayment.

Shmuel said:

<<what is

<<the reason

<<of the Rabbis?

<<They hold

<<a lien

<<is an error of

<<the scribe

<<it is.

Rava bar Itai said to Rav Idi bar Avin:

<<and did

<<say

<<Shmuel

<<thus?

<<But didn't Shmuel say:

<<“improvement”,

<<“best”

<<and “lien” —

<<one must

<<consult [the parties]!

Shall we say

<<the one

<<who said

<<this

<<did not

<<say

<<that?

It is not

<<difficult:

<<here

<<with a document of

<<loan,

<<for does not

<<give

<<a person

<<money

<<for nothing;

<<here

<<with buying

<<and selling,

<<for it is done

<<that a person

<<buys

<<land

<<for its day.

Like

<<that case

<<of Avuha bar Ihi,

<<who bought

<<an upper story

<<from his sister;

<<came

<<a creditor

<<and seized it

<<from him.

<<He came

<<before

<<Mar Shmuel.

<<He said to him:

<<did she write

<<for you

<<a lien?

<<He said to him:

<<no.

<<He said to him:

<<if so,

<<go

<<in peace.

<<He said to him:

<<but

<<the master

<<it is

<<who said

<<a lien

<<is an error of

<<the scribe

<<it is!

<<He said to him:

<<this applies

<<with documents of

<<loan,

<<but

<<with documents of

<<buying

<<and selling

<<no,

<<for it is done

<<that a person

<<buys

<<land

<<for its day.

Abaye said:

<<Reuven

<<who sold

<<a field

<<to Shimon

<<with a guarantee,

<<and came

<<the creditor

<<of Reuven

<<and seizes

<<it

<<from him —

<<the law

<<is

<<that goes

<<Reuven

<<and litigates

<<the case

<<with him,

<<and he cannot

<<say

<<to him:

<<you are not

<<a party to a claim

<<of mine

<<you are,

<<for he says

<<to him:

<<what you take out

<<from him,

<<upon me

<<myself

<<it comes back.

There are who say:

<<even

<<without

<<a guarantee

<<too,

<<for he says

<<to him:

<<it is not

<<pleasing

<<to me

<<that there be

<<for Shimon

<<a grievance

<<against me.

And Abaye said:

<<Reuven

<<who sold

<<a field

<<to Shimon

<<without

<<a guarantee,

<<and there came out

<<against it

<<claimants —

<<before

<<he had

<<taken hold

<<of it