Ketubot 92b (צב:) — the Talmud in English

But he left behind intermediate-quality land of the same type:

If Levi left in Shimon’s possession intermediate-quality land comparable to his own, the creditor cannot collect his debt from Levi, because

he can say to him

Levi can say to the creditor:

“I left you—

when I purchased the field—

a place from which you could collect”

[from Shimon] your debt.

And this is Levi’s claim: Since Shimon possessed intermediate-quality land when I purchased the field, if the creditor had come while both intermediate-quality fields were still in Shimon’s possession, the creditor could not have compelled Shimon to take specifically the intermediate-quality field that was later transferred to me. Rather, Shimon could have given him whichever intermediate-quality land he wished. Therefore I claim: “Whatever the first purchaser [Shimon] sold to the second [to me, Levi] was sold with all the rights that came to him.” Just as at that time he had the right to direct you to this intermediate-quality land, which is now in his possession, so too now the law is that you must be directed to the intermediate-quality land in Shimon’s possession.

8.

With regard to matters:

Abaye said: If Reuven sold a field to Shimon with a warranty, and Reuven’s creditor came and foreclosed it from him—

that is, if Reuven’s creditor came to foreclose the field from Shimon, since it had become encumbered to him while it was in Reuven’s possession—

it is the law that Reuven

the seller

goes and indemnifies him

the creditor.

That is, Reuven can appear in court against the creditor and present claims so that the creditor will withdraw from Shimon. For example, Reuven might say to the creditor: “I have such-and-such a counterclaim against you, and I am not paying this debt, because I am withholding payment against the counterclaim,” or he might say to the creditor [as he could have said had the creditor come to collect from him]: “Swear to me that you have not already paid me,” and anything similar.

Because Reuven says to him,

the creditor: “Whatever

you take from him, you will recover from me”

whatever you take from Shimon will come back upon me], since I sold it to him with a warranty.

Some say:

Even when it was not sold with a warranty,

even if Reuven sold it to Shimon without a warranty, he can appear in court against the one who comes to foreclose the land, although he cannot claim: “Whatever you take from him, you will recover from me.”

And the creditor cannot say to him,

the creditor cannot say to Reuven:

“You are not

a litigant of mine,”

“You are not presently my litigant, since I am coming to collect from Shimon and not from you.”

And this is because

Reuven says to him,

the creditor:

“I do not want Shimon to have a grievance against me”

[I do not want Shimon—who purchased from me a field that was encumbered and had it foreclosed from him—to have a grievance against me over this].

9.

Disputed claims:

Abaye said:

If Reuven sold a field to Shimon without a warranty—

so that even if it were established that the field had been stolen and was unlawfully in his possession, he would not compensate him—and the purchaser had not yet paid for the field.