Gittin 58B

Study Gittin folio 58B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

It is taught in a baraita (Tosefta 5:2) in accordance with the opinion of Shmuel that R' Shimon ben Elazar says: If one first purchased a field belonging to a married woman from the wife, so that if her husband were to predecease or divorce her, the purchaser would then own it fully, and afterward

The Talmud asks: Let us say that this baraita is a conclusive refutation of the opinion of Rav, who said that a written bill of sale suffices and a guarantee is not required. The Talmud answers: Rav could have said to you: What is the guarantee mentioned here? It too is referring to a bill of sale,

A baraita states: If one purchased land from a Sicarius and consumed its produce for 3 years in the presence of the prior owner, and then the one who purchased it from the Sicarius returned and sold it to another person, the prior owner has no claim against the second buyer.

The Talmud clarifies: What are the circumstances of the case? If the second buyer claims and says to the prior owner: After buying the property from the Sicarius, the first buyer returned and purchased it from you, providing you with proper reimbursement, then even the first buyer should be deemed

Rav Sheshet says: Actually, it is referring to a case where the second buyer does not claim that the first buyer purchased the property from the prior owner. And although in general, physical possession of property that is not accompanied by a claim that the property was legally acquired cannot ser