If
one sells a field to his fellow and it is discovered that the field was
not his to sell – that the seller had stolen the field – and the
rightful owner repossesses the field, the defrauded seller has the
right to compensation for his money by suing the seller.
However
he has no right for the value of the improvement to the land, such as a
crop or a house. Since the field was never his, the purchase money is
considered a loan. The payment for improvement looks like interest
which is forbidden – says Shmuel. The accepted ruling is that the
purchaser has the right to improvements.
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