Translation:Shulchan Aruch/Choshen Mishpat/226

Paragraph 1- If Reuven sold a field to Shimon without a guarantee, and Levi came and seized the field from Shimon, and Reuven wants to litigate with Levi, he may do so. Levi cannot say what business do you have given that you did not provide a guarantee, because Reuven can tell Levi he does not want Shimon to have complaints against me that I caused him a loss. If he gave him a gift, however, he cannot litigate on Shimon’s behalf because there would be no complaints.

Paragraph 2- If Reuven sold a field to Shimon without a guarantee, and subsequently purchased the field from Shimon with a guarantee, and Reuven’s creditor seizes the field from Reuven, Reuven cannot go back to collect from Shimon, because although he did not accept responsibility for Shimon, he still accepts personal responsibility so that he will not be the seller and the person that seizes for himself. If a creditor for Reuven’s father, Yaakov, comes and seizes from Reuven, however, Reuven can go and collect all the money from Shimon.

Paragraph 3- If one sells a field to another without a guarantee, he is providing a guarantee for personal claims. This only applies to rights someone has at the time of the sale. For rights that come later, however, the seller may go after the buyer.

Paragraph 4- If an appointed guardian sold orphans’ properties, we do not say he accepted responsibility for the orphans’ personal claims.

Paragraph 5- If one sells real property to another, and after the buyer acquired using one of the kinyan methods but before he used it, objectors emerged, the buyer may retract because there is no greater defect than this where he did not yet benefit and plaintiffs have come. Thus, he can void the sale and the seller will return the money and litigate with the objectors. If the buyer used the property at all already, even if he just threshed on the border to combine with land, he cannot retract. Rather he should litigate with the objector and if the objector succeeds in seizing the land, he will go back to the seller just as in any other seizure. ''This is all in a case where the complaint has not been fully resolved yet but the court sees that there is merit to the objector’s claim. If a mere rumor emerged, however, the buyer would not be able to void the sale because of mere words, even if the sale has not been fully consummated yet. If the buyer retracts because of the objection, even if the objection is later voided, the sale is void and both parties are able to retract. If an objection emerged because the seller owed money to others, and the seller claims he has receipts on these debts, that is considered an objection and the buyer can retract. He is not required to acquire something and guard the receipts forever.''

Paragraph 6- One is prohibited from selling real property or movable items under litigation without informing the buyer. Although he is providing a guarantee, a person does not want to give money and then litigate and have others claiming money from him.