A real estate lesson for those who by property TB Ketubot 93

Today’s daf TB Ketubot 93 continues the theme of debt collection. The Gemara presents one case after another case concerning the debt collection of property. To better understand the cases let me go over some key definitions and information. The buyer of property better to do diligence to make sure that the property has no liens against it. If he buys the property, the creditor who has the outstanding lien from the original owner can foreclose on the property and take away from the purchaser.

בְּאַחְרָיוּת-The seller guarantees that there are no liens against the property. If in the end a creditor comes to foreclose on the sold property, the seller will make good by repaying the purchaser.

שֶׁלֹּא בְּאַחְרָיוּת-The seller does not guarantee that there are no liens against the property. The purchaser better do his to diligence before he buys the land. If the creditor does show up and forecloses on the property, the purchaser has no recourse of action against the original seller.

There are three grades of property. Grade A property is called ‘edit, עִידִּית. This property may be used to pay for damages. Grade B property is called benonit, בֵּינוֹנִית. This property may be used to pay creditors. Grade C property is called zeboreet, זִבּוּרִית. This property may be used to pay ketubah obligations.

With this background we can understand the intricacies of the following case.

“Rabba said: If Reuven sold all his fields to Shimon, and Shimon then sold one field to Levi, and then Reuven’s creditor came to repossess one of the fields that was mortgaged to him: If he desires, he can collect from this one, Shimon, and if he desires, he can collect from that one, Levi, since he has a lien that applies equally to all the properties that once belonged to Reuven.

And we said this only if Shimon sold Levi land of intermediate quality (benonit, בֵּינוֹנִית), but if he sold him land of superior quality (‘edit, עִידִּית) or inferior quality (zeboreet, זִבּוּרִית.), Levi can say to the creditor: It was for this reason that I made an effort to buy land that is not fit for you, as a creditor is supposed to repossess land of intermediate quality. Therefore, go to Shimon and collect your debt from the land of intermediate quality that is in his possession.

The Gemara notes further: And even if Shimon sold Levi land of intermediate quality, we said that the creditor may repossess Levi’s land only in a case where Levi did not leave Shimon with equivalent land of intermediate quality. However, if Levi left similar land of intermediate quality with Shimon, he can say to the creditor: I have left you a place from which to collect; go and collect from Shimon.” (Sefaria.org translation)