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When a debtor owns only beis and ziburis quality land, which does the creditor collect? The Gemara (גמרא) presents conflicting braisos and suggests the principle of beshalach ein shoman—we assess land quality at the time of loan, not collection. The shiur analyzes how Tosafos (תוספות), the Ravad, and Rambam (רמב"ם) each understand this principle and its implications for which land the creditor may seize.
The shiur opens with two conflicting braisos regarding a debtor who owns beis (medium-quality) and ziburis (low-quality) land. One braisa says the creditor collects beis, while the other says ziburis. The Gemara (גמרא) proposes that we follow the principle of beshalach ein shoman—we evaluate the land as if it were assessed at the time the loan was made. Since at that time the beis would have been considered idis (high-quality) relative to ziburis, the creditor should collect beis. Ravina answers that the two braisos argue regarding Ula's principle. Rashi (רש"י) understands that both hold beshalach ein shoman, but they disagree whether Ula's takana applies in this case. The takana of Ula states that creditors may collect from beis (not just ziburis) to encourage lending—kedei shelo tino'el delet bifnei lovin. The first braisa applies this takana; the second does not.
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Bava Kamma 8a
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