where took it

<<gentile oppressors —

<<if came

<<the robbed one

<<to collect

<<the principal —

<<he collects

<<from property

<<that is liened;

<<if came

<<the robbed one

<<to collect

<<produce —

<<he collects

<<from property

<<that is

<<unencumbered.

Rava

<<did not

<<say

<<like Rabbah bar Rav Huna:

<<“behold

<<it

<<goes out

<<from under

<<his hand”

<<by law

<<it implies.

<<And Rabbah bar Rav Huna

<<did not

<<say

<<like Rava:

<<“behold

<<it

<<goes out

<<from under

<<his hand”

<<in its essence

<<it implies.

Rav Ashi

<<said:

<<in two separate respects

<<it teaches:

<<such as

<<where he robbed

<<a field

<<from his fellow

<<full of

<<produce

<<and he ate

<<the produce

<<and sold

<<the field —

<<if came

<<the buyer

<<to collect

<<the principal —

<<he collects

<<from property

<<that is liened;

<<if came

<<the robbed one

<<to collect

<<produce —

<<he collects

<<from property

<<that is

<<unencumbered.

Whether

<<according to Rava

<<or

<<according to Rabbah bar Rav Huna —

<<a loan by word of mouth

<<it is,

<<and a loan by word of mouth

<<does not

<<collect

<<from property

<<that is liened!

Here with what are we dealing?

<<Where he stood

<<in judgment

<<and afterward

<<sold.

If so,

<<produce

<<too!

<<Where he stood

<<in judgment

<<on

<<the principal

<<and did not

<<stand

<<in judgment

<<on

<<the produce.

<<And what

<<decided it?

<<The plain sense

<<of the matter:

<<when

<<claims

<<a person,

<<the principal

<<he claims

<<first.

And does hold

<<Shmuel

<<a buyer

<<from a robber

<<has no

<<improvement?

But

<<Shmuel said to Rav Chinena bar Shilas:

<<ask,

<<and write

<<“best,

<<improvement

<<and produce”.

With what?

<<If

<<with a creditor —

<<does

<<he have

<<produce?

<<But didn't Shmuel say:

<<a creditor

<<collects

<<the improvement.

<<The improvement

<<yes,

<<but

<<produce

<<no.

<<Rather,

<<is it not

<<a buyer

<<from a robber!

Rav Yosef said:

<<here with what are we dealing?

<<Such as

<<where he has

<<land.

Abaye said to him:

<<and is

<<it permitted

<<to lend

<<a se'ah

<<for a se'ah

<<in a place

<<where he has

<<land?

He said to him:

<<there

<<it is a loan,

<<here

<<it is a sale.

There are who say:

<<Rav Yosef said:

<<here with what are we dealing?

<<Such as

<<where they made a kinyan

<<from his hand.

Abaye said to him:

<<and is

<<it permitted

<<to lend

<<a se'ah

<<for a se'ah

<<in a place

<<where they made a kinyan

<<from his hand?

He said to him:

<<there

<<it is a loan,

<<and here

<<it is a sale.

The matter itself:

<<Shmuel said:

<<a creditor

<<collects

<<the improvement.

<<Rava said:

<<know it,

<<for thus

<<writes

<<to him

<<the seller

<<to the buyer:

<<“I

<<will arise

<<and clear

<<and cleanse

<<and purge

<<this sale

<<of mine —

<<them

<<and their labor

<<and their improvement —

<<and I will stand

<<before you”;

<<and agreed

<<the buyer

<<this

<<and accepted

<<upon himself.

Rav Chiya bar Avin said to Rava:

<<But now,

<<a gift

<<where he does not

<<write

<<for him

<<thus —

<<so too

<<that he does not

<<seize

<<the improvement?!

<<He said to him:

<<yes.

And is

<<stronger

<<the power of

<<a gift

<<than a sale?

<<He said to him:

<<yes,

<<it is stronger

<<and stronger.

Rav Nachman said:

<<this

<<baraisa

<<supports

<<him —

<<Mar Shmuel;

<<And Huna

<<our colleague

<<establishes

<<it

<<in other

<<matters.

<<For it was taught:

<<one who sells

<<a field

<<to his fellow,

<<and behold

<<it

<<goes out

<<from under

<<his hand —

<<when he

<<collects,

<<he collects

<<the principal

<<from property

<<that is liened,

<<and the improvement

<<he collects

<<from property

<<that is

<<unencumbered.

And Huna

<<our colleague

<<establishes

<<it

<<in other

<<matters:

<<a buyer

<<from a robber.

It was taught

<<elsewhere:

<<one who sells

<<a field

<<to his fellow

<<and he improved it,

<<and came

<<a creditor

<<and seized it —

<<when he

<<collects:

<<if

<<the improvement

<<is more

<<than

<<the outlay,

<<he takes

<<the improvement

<<from the owner of the land,

<<and the outlay

<<from the creditor.

<<And if

<<the outlay

<<is more

<<than

<<the improvement —

<<he has

<<nothing

<<but

<<the outlay

<<up to the measure of

<<the improvement,

<<from the creditor.

But

<<Shmuel

<<in what

<<does he establish

<<it?

<<If

<<a buyer

<<from a robber —

<<difficult is

<<the first clause,

<<for Shmuel said:

<<a buyer

<<from a robber

<<has no

<<improvement.

<<If

<<with a creditor —

<<difficult is

<<the first clause

<<and the latter clause,

<<for Shmuel said:

<<a creditor

<<collects

<<the improvement!

If you wish, say

<<a buyer

<<from a robber,

<<such as

<<where he has

<<land;

<<or also

<<where they made a kinyan

<<from his hand.

If you wish, say

<<with a creditor.

<<And it is not

<<difficult:

<<here

<<with an improvement