ואי לא איערומי קא מערים But if this field is not of any distinct quality, he is certainly trying to employ an artifice. His plan is to then purchase another plot of land from this owner, one that does border on the field of a neighbor. By first buying the plot in the middle, he is trying to establish himself as a neighbor so that the other neighbors will not have the first right of purchase relative to him. Therefore, the neighbors may prevent him from buying the second plot of land.
מתנה לית בה משום דינא דבר מצרא אמר אמימר אי כתב ליה אחריות אית בה משום דינא דבר מצרא The Gemara continues to discuss the halakha of one whose field borders that of his neighbor. With regard to a gift, it is not subject to the halakha of one whose field borders the field of his neighbor, as one can give a gift to whomever he chooses. Ameimar said: If he wrote a property guarantee to the recipient of the gift that if the field is seized for payment of a debt of the giver the giver of the gift will compensate the recipient for his loss, it is subject to the halakha of one whose field borders of the field of his neighbor. In that case the supposed gift has the appearance of a sale, so the neighbor can force the recipient to sell the plot to him.
מכר כל נכסיו לאחד לית בה משום דינא דבר מצרא לבעלים הראשונים לית בה משום דינא דבר מצרא זבן מעכו"ם וזבין לעכו"ם לית בה משום דינא דבר מצרא If a seller sold all his property to a single person, this sale is not subject to the halakha of one whose field borders the field of his neighbor, as the seller is not required to leave out one particular field if the buyer is acquiring all his property. Similarly, if the seller sold it back to the previous owners, this sale is not subject to the halakha of one whose field borders the field of his neighbor. If a buyer bought a field from a gentile or a seller sold a field to a gentile, this purchase or sale is not subject to the halakha of one whose field borders the field of his neighbor.
זבן מעכו"ם דאמר ליה ארי אברחי לך ממצרא זבין לעכו"ם עכו"ם ודאי לאו בר ועשית הישר והטוב הוא שמותי ודאי משמתינן ליה עד דמקבל עליה כל אונסי דאתי ליה מחמתיה The Gemara clarifies this ruling: If a buyer bought the field from a gentile it does not apply, as he can say to the neighbor: It is better for you that I bought the field, as I have chased away a lion for you from the border; since the neighbor certainly prefers having a Jewish neighbor to having a gentile neighbor. If a seller sold a field to a gentile, the gentile is certainly not bound by the command of: “And you shall do that which is right and good in the eyes of the Lord” (Deuteronomy 6:18). The gentile is therefore under no obligation to refrain from purchasing this land. Nevertheless, we certainly excommunicate the one who sold it to the gentile until he accepts upon himself responsibility for all damage resulting from accidents that might befall the neighbor on the gentile’s account.
משכנתא לית בה משום דינא דבר מצרא דאמר רב אשי אמרו לי סבי דמתא מחסיא מאי משכנתא דשכונה גביה מאי נפקא מינה לדינא דבר מצרא The Gemara continues: If he sold a field previously given as a mortgage to the one to whom it was mortgaged, this sale is not subject to the halakha of one whose field borders the field of his neighbor, as Rav Ashi said: The elders of the town of Mata Meḥasya said to me: What is the meaning of the word mortgage [mashkanta]? It means that it resides [shekhuna] with the one to whom it was mortgaged. The Gemara asks: What difference does it make what the word means? The Gemara answers: It is relevant with regard to the halakha of one whose field borders the field of his neighbor in that the person to whom the field is mortgaged has more rights than bordering neighbors, as he lays claim to a measure of ownership over the land.
למכור ברחוק ולגאול בקרוב ברע ולגאול ביפה לית בה משום דינא דבר מצרא If one sought to sell a distant field and to redeem, i.e., purchase for himself, a close one, or if he sold a bad one to redeem a good one, this sale is not subject to the halakha of one whose field borders the field of his neighbor. Rather, he may sell his field whenever he has the opportunity.
לכרגא ולמזוני ולקבורה לית בה משום דינא דבר מצרא דאמרי נהרדעא לכרגא למזוני ולקבורה מזבנינן בלא אכרזתא לאשה וליתמי ולשותפי לית בה משום דינא דבר מצרא Likewise, if he sells his field to pay for necessities, such as for taxes, for his wife and daughters’ sustenance, or for the burial of one of his family members, this sale is not subject to the halakha of one whose field borders the field of his neighbor. This is because the Sages of Neharde’a said: For taxes, for sustenance, and for burial we sell a field without a proclamation, as such matters are pressing and urgent and should not be delayed out of consideration for the rights of a bordering neighbor. Similarly, if he sold the field to a woman, who does not usually chase after vendors, or to orphans, or to his partners, this sale is not subject to the halakha of one whose field borders the field of his neighbor.
שכיני העיר ושכיני שדה שכיני העיר קודמין If various individuals have equal rights to the field, such as both are bordering neighbors, but some of them are neighbors whose fields are adjacent to his on the side of the city, i.e., their fields are between the city and the field being sold; and others are neighbors whose fields are adjacent to his on the side of the field, i.e., their fields are between the field being sold and the area further from the city, the neighbors whose fields are adjacent to his on the side of the city receive precedence.
שכן ותלמיד חכם תלמיד חכם קודם קרוב ותלמיד חכם תלמיד חכם קודם איבעיא להו שכן וקרוב מאי ת"ש (משלי כז, י) טוב שכן קרוב מאח רחוק If one is a regular neighbor and the other is a Torah scholar, the Torah scholar receives precedence. If one is a relative and the other is a Torah scholar, here too, the Torah scholar receives precedence. A dilemma was raised before the Sages: With regard to a neighbor and a relative, what is the halakha? Which of them takes precedence? The Gemara suggests: Come and hear an answer from the following verse: “Better a neighbor who is near than a brother who is far” (Proverbs 27:10).
הני זוזי טבי והני זוזי תקולי לית ביה משום דינא דבר מצרא הני ציירי והני שרי לית ביה משום דינא דבר מצרא If two people sought to acquire a field, and these coins that the first produces for payment are good dinars, and those coins that the second uses are weighed dinars, which are preferable to the good dinars, this sale is not subject to the halakha of one whose field borders the field of his neighbor, as the owner can say he prefers the superior quality coins. If these coins were wrapped up and those were loose, this sale is not subject to the halakha of one whose field borders on the field his neighbor, as he may sell his field to the one whose money is ready to be counted.
אמר איזיל ואטרח ואייתי זוזי לא נטרינן ליה אמר איזיל אייתי זוזי חזינן אי גברא דאמיד הוא דאזיל ומייתי זוזי נטרינן ליה ואי לא לא נטרינן ליה If the neighbor said: I will go and expend effort and bring money, we do not wait for him, despite his status as a bordering neighbor, if someone else is available who is prepared to pay immediately. If he said: I will go bring money, we see what his financial status is: If he is a person who is assessed as one who can go and bring money without delay, we wait for him, but if not, we do not wait for him.
ארעא דחד ובתי דחד מרי ארעא מעכב אמרי בתי מרי בתי לא מעכב אמרי דארעא ארעא דחד ודיקלי דחד מרי דארעא מצי מעכב אמרי דיקלי מרי דיקלי לא מצי מעכב אמרי דארעא If the land belonged to one person and the houses on the land belonged to another one, the owner of the land prevents the owner of the houses from selling his houses to someone else, as he has the first right of purchase. By contrast, the owner of the houses does not prevent the owner of the land from selling his land, as one can change his place of residence with relative ease, so he is not considered tied to the land. Similarly, if the land belonged to one and its palm trees to another one, the owner of the land can prevent the owner of the palm trees from selling the trees to another, but the owner of the palm trees cannot prevent the owner of the land from selling his land to another.
ארעא לבתי וארעא לזרעא ישוב עדיף ולית בה משום דינא דבר מצרא If two people wanted to purchase the land, but one desired the land for building houses and the other wished to purchase the land for planting, the settling of the land through construction of houses is preferable, and this sale is not subject to the halakha of one whose field borders the field of his neighbor. Therefore, he may sell to the one who wants to build a house there, even if he is not a bordering neighbor and the other potential buyer is.
אפסיק משוניתא או ריכבא דדיקלא חזינא אם יכול להכניס בה אפילו תלם אחד אית בה משום דינא דבר מצרא ואי לא לית בה משום דינא דבר מצרא If a jagged edge of rock or a row of palm trees served as a barrier between two bordering fields, we see whether any open space exists. If the owner of the adjacent field can insert even a single furrow there that comes into contact with the other field, this sale is subject to the halakha of one whose field borders the field of his neighbor. But if sufficient space for a furrow does not exist, this sale is not subject to the halakha of one whose field borders the field of his neighbor.
הני ד' בני מצרני דקדים חד מינייהו וזבין זביניה זביני ואי כולהו אתו בהדי הדדי פלגו לה בקרנזיל: In a case of those four bordering neighbors who surround a field that is for sale from all four sides, if one of them preceded the others and purchased it, his purchase is a valid purchase and the others cannot object. And if they all came simultaneously to purchase it, then they divide the plot of land, with two bisecting diagonal lines so that each receives a portion near his field.