Translation:Shulchan Aruch/Choshen Mishpat/116

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Paragraph 1- If a purchaser has his field seized, the court would write how they seized the property from him due to the seller’s debt and he would then go and seize from the seller. The creditor is not required to write a power of attorney or admission document stating he seized from the purchaser. If the purchaser acquired the property for 500 and it went up in value and was worth 1,000, they would write the seizure for 1,000. Similarly, if it was worth 1,000 when it was purchased, and at the time it was seized it was only worth 500, or if it was worth 1,000 but he only bought it for 500, in all these cases we write the seizure for 1,000. All the rules that apply to the lender with the purchaser would apply to an initial purchaser who had his property seized by a creditor and he comes to seize from the purchaser who acquired property after him, even if the borrower did not sell with a document but with mere witnesses and even if he did not explicitly guarantee. There are those that say that this is only where he sold property, but if he gave a gift with witnesses he would not be able to seize without a document because a gift does not have chatter. Only a document does. This that he can seize where the borrower sold with witnesses and no document is only where the witnesses testify that they did not sign any document on this sale and that they were the only witnesses. Nevertheless, the court would write how the field was seized from him so he can make a claim against the borrower that sold to him.

Paragraph 2- If the purchaser purchased the land explicitly without a guarantee and he asks the lender to grant him power via the loan document so that he can make a claim against the borrower and the land has already been seized, the lender cannot grant him a power of attorney or sale because the lien has already been waived and voided. If, however, it is before the land was seized, the purchaser can persuade the lender to grant him his power. We would not, however, write a seizure document for the purchaser because he explicitly purchased without a guarantee.