Related%20passage for Gittin 5:6

לֹא הָיָה סִיקָרִיקוֹן בִּיהוּדָה בַהֲרוּגֵי מִלְחָמָה. מֵהֲרוּגֵי מִלְחָמָה וְאֵילָךְ, יֶשׁ בָּהּ סִיקָרִיקוֹן. כֵּיצַד. לָקַח מִסִּיקָרִיקוֹן וְחָזַר וְלָקַח מִבַּעַל הַבַּיִת, מִקָּחוֹ בָטֵל. מִבַּעַל הַבַּיִת וְחָזַר וְלָקַח מִסִּיקָרִיקוֹן, מִקָּחוֹ קַיָּם. לָקַח מִן הָאִישׁ וְחָזַר וְלָקַח מִן הָאִשָּׁה, מִקָּחוֹ בָטֵל. מִן הָאִשָּׁה וְחָזַר וְלָקַח מִן הָאִישׁ, מִקָּחוֹ קַיָּם. זוֹ מִשְׁנָה רִאשׁוֹנָה. בֵּית דִּין שֶׁל אַחֲרֵיהֶם אָמְרוּ, הַלּוֹקֵחַ מִסִּיקָרִיקוֹן נוֹתֵן לַבְּעָלִים רְבִיעַ. אֵימָתַי, בִּזְמַן שֶׁאֵין בְּיָדָן לִקַּח. אֲבָל יֵשׁ בְּיָדָן לִקַּח, הֵן קוֹדְמִין לְכָל אָדָם. רַבִּי הוֹשִׁיב בֵּית דִּין וְנִמְנוּ, שֶׁאִם שָׁהֲתָה בִפְנֵי סִיקָרִיקוֹן שְׁנֵים עָשָׂר חֹדֶשׁ, כָּל הַקּוֹדֵם לִקַּח, זוֹכֶה, אֲבָל נוֹתֵן לַבְּעָלִים רְבִיעַ:

There was no sikrikon [a gentile murderer] in Judah [That is, they did not adjudicate the law of sikrikon to say that one who bought the land of a Jew from a gentile murderer had to enter into judgment with the owner.] in the (time of) the slain of the war [ i.e., when the decree was sore upon Israel to be slain in the war. If one bought a field from the sikrikon at that time, his purchase stood, and he did not need to enter into judgment with the (former) Israelite owner of the land; for the Israelite, being forced (to sell his land on pain of death), fully commits himself to the sale of the land to the sikrikon. And it is ruled (Bava Kamma 47b): "If one were suspended (not to be taken down until he sold) and he sold, his sale is a sale."] But from those slain in (the time of) war on, [where there was no decree (upon Israel) to be slain, there is sikrikon. [The law of sikrikon is adjudicated, to say that one who bought (the land of an Israelite) from a sikrikon has to enter into judgment with the (former) owner, as explained in the Mishnah.] How so? If he bought (the field) from the sikrikon and then bought it from the owner, the purchase is void, [for we say that he (the former owner) acted out of fear (of the sikrikon)]. (If he bought it) from the owner and then bought it from the sikrikon, the purchase stands. If he bought it [land set aside for his wife's kethubah] from the man, and then bought it from the woman, the purchase is void, [for she can say: "I was just trying to please my husband"]. (If he bought it) from the woman and then bought it from the man, the purchase stands. This (what we learned above) is an earlier Mishnah. The beth-din after them said: If one buys from a sikrikon he gives a quarter (of the value of the field) to the owner, [for they estimated that the sikrikon, having gotten the field for nothing, lowered the price by a quarter]. When is this so? When they (the former owners) do not have enough money to buy it back; but if they have enough money to buy it back, they take precedence to all men. Rebbi convened a beth-din, which ruled that if it were in the possession of the sikrikon for twelve months, whoever came first (to purchase it) acquired it; but he had to give a quarter to the (former) owner.

Explore related%20passage for Gittin 5:6. In-depth commentary and analysis from classical Jewish sources.