REVACH L'DAF
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SUMMARY
1. The Gemara discusses how Beis Din proceeds to collect a loan from the property of a borrower who has no cash with which to pay.
2. There is a dispute about whether the lack of mention, in the loan document, of a lien on the property of a borrower is presumed to be a mistake (and the property indeed is collateralized to the loan).
3. The Gemara discusses a case of an agent who was told to buy land with a commitment of guarantee from the seller, but the agent neglected to get such a commitment.
4. Rav Nachman ruled that the agent must take responsibility for the lien.
5. This is based on the general claim that any person may make against an agent who fails to follow instructions: "I sent you to benefit me, not to harm me."
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A BIT MORE
1. If Beis Din finds property in the borrower's possession, they allow the lender to take it as repayment. If the borrower has no property, but he sold property after he had borrowed the money, there are various documents that the Beis Din issues in the process of helping the lender seize these properties (which had a lien on them due to the loan).
2. Some say that the omission of mention of the lien is a mistake, because everyone clearly desires the lien (the borrower's creditor wants it, so that he will have recourse to collect his debt). Others say that its omission is not a mistake; some people do agree to such conditions, and if this lien would have been part of the loan, the scribe surely would have written it into the document, as scribes write these types of liens in documents all the time.
3. This was done in order to ensure that if a creditor of the seller confiscates the land, the buyer will have recourse to get his money back from the seller.
4. In other words, the agent should ask the seller to put the sale document in his (the agent's) name, and then he should sell it to the person who sent him (i.e. the buyer) with a lien on his own (the agent's) property.
5. In other words, an agent has the status of a Shali'ach only when he follows instructions, and the sender should not have to suffer the consequences of the agent's negligence. (Some say that the sender has the ability to nullify the sale if he so wishes.)
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