משנה: הַגּוֹזֵל שָׂדֶה וּנְטָלוּהָ מִסִּיקִין אִם מַכַּת מְדִינָה הִיא אוֹמֵר לוֹ הֲרֵי שֶׁלָּךְ לְפָנֶיךָ וְאִם מַחֲמַת הַגַּזְלָן חַייָב לְהַעֲמִיד לוֹ שָׂדֶה. שְׁטָפָהּ נָהָר אוֹמֵר לוֹ הֲרֵי שֶׁלָּךְ לְפָנֶיךָ. הַגּוֹזֵל אֶת חֲבֵירוֹ אוֹ שֶׁלָּװָה מִמֶּנּוּ אוֹ שֶׁהִפְקִיד לוֹ בַּיִּשׁוּב לֹא יַחֲזִיר לוֹ בַּמִּדְבָּר. עַל מְנָת לַצֵּאת בַּמִּדְבָּר יַחֲזִיר לוֹ בַּמִּדְבָּר. MISHNAH: Somebody had robbed a field which subsequently was taken by discharged veterans60“Retired Roman veterans who received a provincial’s property”, from Latin missicius, missitius, adj., “discharged from military service” (M. Gil).
In a Genizah ms. of the Mishnah: “If armed robbers took it.” Parallel sources leave no doubt that the Leiden ms. text is the correct one.. If it is a provincial plague, he may tell him: Here is your property before you61If the properties of many provincials had been taken, the robber can tell the original owner that it is up to him to try to get indemnification.. But if it was because of the robber62If the veterans were directed to take the land because it had come to the attention of the authorities that it was in the wrong hands, the robber has to indemnify the original owner with another field of equal value., he has to give him a field. If a river had washed it away, he may say to him: Here is your property before you63Since it also would have been damaged in the original owner’s hand..
He who robbed from another, or took a loan from him, or accepted a deposit in a built-up area cannot give it back to him in the desert. [If it was given] with the intent to depart for the desert, he can give it back to him in the desert.
הלכה: הַגּוֹזֵל שָׂדֶה מֵחֲבֵירוֹ כול׳. אָמַר רִבִּי יוֹחָנָן. וַהֲלֹא אָֽמְרוּ. אֵין הַקַּרְקַע נִגְזֶלֶת. וְלָמָּה אָֽמרוּ חַייָב לְהַעֲמִיד לוֹ שָׂדֶה. קְנָס קְנָסוּהוּ. נַטְּלוּהָ מִסִּיקִין מִן הַגַּזְלָן מַחֲמַת הַנִּגְזָל. מָהוּ דוּ יְכִיל מֵימַר לֵיהּ. מִכָּל־מָקוֹם הַב לִי דִידִי וּמָאן דִּבְעֵי יֵיתֵי וִיסַב מִינִּי. רִבִּי יְהוּשֻׁעַ בֶּן לֵוִי אָמַר. אֵין אָדָם נִתְפָּשׂ עַל חֲבֵירוֹ וְחַייָב לִיתֵּן לוֹ. אֶלָּא בְאַרְנוֹן וְגוּלְגּוֹלֶת. רַב אָמַר. יְכִיל מֵימַר לֵיהּ. אַתְּ שְׁרֵי עֲבִיטֵּיךְ מִינִּי. HALAKHAH: “Somebody had robbed a field from another person64The longer text is that of the Babli and most independent Mishnah mss. (but not the Genizah text of this Mishnah).,” etc. 65In another formulation, this paragraph appears in Nedarim 4:2 (Notes 27–33) and Ketubot 13:2 (35d l. 39). Rebbi Joḥanan said, but did they not say that “real estate cannot be robbed”66Nothing the robber does can give him title to the real estate.? Why did they say, “he has to give him a field”67Even if the field was taken from the robber, in law it was taken from the robbed.? It is a fine by which they fined him. If the discharged veterans took it from the robber because of the robbed68Because he was in arrears with payments to the government, the veterans were directed to his property., could he tell him, in any case give me what is mine and let any claimant come and deal with me? Rebbi Johua ben Levi said, nobody is held responsible for his neighbor and the latter has to repay him except annona and head-tax. Rav said, he can tell him, you redeemed your pledge with my money69If the government required A to pay for B’s obligation, B always has to indemnify A. It has to be noted that Rav lived under Parthian and Persian rule, R. Joshua ben Levi in the Roman Empire..