[a - 43 lines; b - 46 lines]

1)[line 2]îöéòàMETZI'A- the middle case [in which a borrower owned only Beinonis and Ziburis and his creditor collects from Beinonis]

2)[line 5]úòùä áéðåðéú ùìå ëòéãéúTE'ASEH BEINONIS SHELO K'IDIS- his "Beinonis" should attain the status of "Idis" [since it is his highest-quality field]

3)[line 6]äéúä ìå òéãéú åîëøäHAYESAH LO IDIS U'MACHRAH- he owned higher quality land [at the time that he borrowed money and the borrower established a lien upon his property] and he subsequently sold it

4)[line 9]àçøéúéACHARISI- another [Beraisa]

5)[line 12]àé áòéú àéîàIY BA'IS EIMA- The ensuing answers of the Gemara do not attempt to defend the opinion of Rebbi Aba that b'Shelo Hen Shamin. Rather, they attempt to explain the difference between the two contradictory Beraisos. This answer maintains that both Beraisos rule that b'Shel Olam Hen Shamin.

6a)[line 14]äà ãùåéà áéðåðéú ùìå ëòéãéú ãòìîàHA D'SHAVYA BEINONIS SHE'LO K'IDIS D'ALMA- that [which the second Beraisa rules that the creditor receives Ziburis is] when his average-quality land (termed such since he still owns higher-quality land - TOSFOS DH Idi) is equivalent to what is generally considered high-quality land

b)[line 15]åëàï ãìà ùåéà áéðåðéú ùìå ëòéãéú ãòìîàV'CHAN D'LO SHAVYA BEINONIS SHE'LO K'IDIS D'ALMA- and here [in the first Beraisa which rules that the creditor receives Beinonis is] when his average-quality land is equivalent to what is generally considered average-quality land (and he never owned higher-quality land - TOSFOS DH Idi)

7)[line 21]"áçåõ úòîã; åäàéù àùø àúä ðùä áå éåöéà àìéê àú äòáåè äçåöä""BA'CHUTZ TA'AMOD; VEHA'ISH ASHER ATAH NOSHEH VO YOTZI ELECHA ES HA'AVOT HA'CHUTZAH"- "Stand outside, and the man who owes you money shall bring the collateral outside to you" (Devarim 24:11).

8)[line 23]ôçåú ùáëìéíPACHUS SHEB'CHELIM- utensils of least value [and, similarly, land of inferior quality]

9)[line 25]îø àéú ìéä ú÷ðúà ãòåìàMAR IS LEI TAKANTA D'ULA- [the author of the first Beraisa] agrees with the decree of Ula [and the creditor therefore receives Beinonis]

10)[line 26]åîø ìéú ìéä ú÷ðúà ãòåìàU'MAR LEIS LEI TAKANTA D'ULA- a) and [the author of the second Beraisa] disagrees with the decree of Ula [a) in all situations, and a creditor therefore always collects from Ziburis (RASHI); b) in this situation, since the Beinonis is the borrower's highest-quality land, and there is reason to suspect that he will lend him money in order to repossess that field (TOSFOS DH Mar; see Gitin 49b) (See also HAGAHOS HA'GRA in the name of the RA'AVAD and the NIMUKEI YOSEF in the name of the RAMAH for further approaches to this answer)

11)[line 27](îëø) [îëøï](MACHAR) [MACHRAN]- if he sold [his Idis, Beinonis, and Ziburis]

12)[line 27]ëàçãK'ECHAD- lit. at once; i.e., on one day (since, in every place other than Yerushalayim, the hour of the day is not recorded in a bill of sale; TOSFOS DH d'Ika)

13)[line 28]ëåìï ðëðñå úçú äáòìéíKULAN NICHNESU TACHAS HA'BE'ALIM- all of [the purchasers] take the place of the original owner [and he who purchased Idis pays the Nizak, he who purchased the Beinonis pays the creditor, and he who purchased Ziburis pays his divorced wife]

14)[line 29]àéï ìåEIN LO- if there is not [enough value in the last field sold to pay them all off]

15)[line 31]ááú àçúB'VAS ACHAS- all together; i.e., in one bill of sale (or, presumably, three different documents on one day)

16)[line 32]çã îéðééäå ÷ãéíCHAD MINAIHU KADIM- one of them came first [and purchased his field earlier in the day than the other two, and therefore should be exempt from paying the creditors of the seller]

17)[line 35]ëì çã åçã àîø ìéä, "äðçúé ìê î÷åí ìâáåú îîðå"KOL CHAD V'CHAD AMAR LEI, "HINACHTI LECHA MAKOM LI'GVOS MIMENU"- each one [of the first two purchasers] can say to [the creditors], "I left you a place to collect from"

18)[line 40]ìéúå ëåìäå åìéâáå îòéãéúLEISU KULHU V'LIGVU ME'IDIS!- let them all come and collect from the Idis [even against the will of the purchaser, since it was the final parcel of land to be sold]!

19)[line 41]àé ùú÷éúå åù÷ìéúå ëãéðééëå, ù÷ìéúåIY SHASKISU V'SHAKLISU K'DINAICHU, SHAKLISU- if [all of] you are silent and take according to what you would normally receive, fine

20)[line 42]îäãøðà ùèøà ãæéáåøéú ìîøéäMEHADRANA SHETARA D'ZIBURIS L'MAREI- I will return the bill of sale for the Ziburis to its owner [a) by hiding the bill of sale and claiming that I never bought it (TOSFOS DH Machran, RASHBA); b) by selling it back to him (ROSH, MEIRI)]

8b----------------------------------------8b

21)[line 1]áðæ÷éï ðîé ðéîà äëéB'NIZAKIN NAMI NEIMA HACHI- let him threaten the Nizak similarly [and force him to accept Beinonis instead of Idis]

22a)[line 2]áéúîé ãìàå áðé ôøòåï ðéðäåB'YASMEI D'LAV BNEI PERA'ON NINHU- with [a case in which he who owed the money died, leaving] orphans who are not obligated to repay their father's loan [since a) it would be as if they received the Ziburis after the death of their father, and is therefore unconnected to his debts (RASHI, TOSFOS DH bed'Yasmei); b) they are minors (RASHBA)]

b)[line 2]åùéòáåãà ãéìéä òìéä ãéãéä øîéàV'SHIBUDA DILEI ALEI DIDEI RAMYA- and the obligation of [the deceased] rests upon [the purchaser]

23)[line 5]àéï ðôøòéï îðëñéï îùåòáãéí áî÷åí ùéù áðé çåøéïEIN NIFRA'IN MI'NECHASIM MESHUBADIM B'MAKOM SHE'YESH BNEI CHORIN- one may not collect from properties sold after a lien was established upon them when properties that still belong to the estate of he who owes money are available

24)[line 6]ú÷ðúà ãéãéTAKANTA DIDI- my benefit; i.e., in order to protect purchasers

25)[line 8]àé àôùéIY EFSHI- I do not want

26)[line 10]àéðé ðéæåðéú åàéðé òåùäEINI NIZONES V'EINI OSAH - I will neither collect payment for sustenance nor produce my earnings (MEZONOS)

(a)A man has certain obligations toward his wife. He is obligated in some of these mid'Oraisa, and some mid'Rabanan. Certain of these conditions of marriage are written into every Kesuvah (Jewish marriage contract; see Background to 7:36), and they are all enforced by Beis Din. His Torah obligations include:

1.One must provide his wife with marital relations (Shemos 21:10).

2.One must provide her with clothing.

3.One must provide her with sustenance (Mezonos).

(b)Some opinions maintain that these last two obligations are mid'Rabanan in nature (see Kesuvos 47b and RAMBAN ibid.). According to those who maintain that Mezonos is a Rabbinic institution, the Rabanan established a reciprocal institution as well. In return for that which one must support his wife, all of her earnings belong to her husband.

(c)The Amora'im differ over whether the primary object of this joint decree was to benefit the husband or to benefit the wife (Kesuvos 58b). Rav Huna, quoting his Rebbi Rav, maintains that the latter is true. Rava explains that since the wife is the main beneficiary, it is her prerogative to forgo her rights to Mezonos and in turn retain that which she acquires. This is referred to as her ability to say, "Eini Nizones v'Eini Osah" - "I do not wish to be supported nor to produce."

27)[line 11]ôùéèàPESHITA- it is obvious that ...

28)[line 12]ùééø òéãéú ìôðéåSHIYER IDIS LEFANAV- he left [the] Idis [that he had purchased last] before him (i.e., he didn't sell it)

29)[line 14]ãîöé ìîéîø ìäåD'MATZI L'MEIMAR LEHU- that [if they still belonged to him] he would have been able to say to them

30)[line 18]àúå ëåìäå âáå îòéãéúASU KULHU GAVU ME'IDIS- they must all come and collect from [the] Idis [that now belongs to the second purchaser, since it was the last parcel of land sold and in this case the first purchaser does benefit from the Rabbinic decree]

31)[line 18]îä îëø øàùåï ìùðé? ëì æëåú ùúáà ìéãåMAH MACHAR RISHON L'SHENI? KOL ZECHUS SHE'TAVO L'YADO- what has the first [purchaser] sold to the second? All rights that he had enjoyed

32)[line 20]àâáé ìäåAGVEI LEHU- give them to collect from

33)[line 21]æáðéZAVNEI- The correct Girsa appears to be "Zavan"

34)[line 30]øöä îæä âåáä øöä îæä âåáäRATZAH MI'ZEH GOVEH RATZAH MI'ZEH GOVEH- he may collect [Beinonis] from [Levi, since he may claim that Levi purchased the field that he held a lien upon] or [Ziburis] from [Shimon, since Shimon became responsible for Reuven's debts from when he purchased all of Reuven's lands]

35)[line 32]ìäëé ãéé÷éL'HACHI DAIKI- it was for this reason that I was particular

36)[line 33]çæéàCHAZYA- fit

37)[line 35]ãëååúéäD'CHAVASAEI- of equal value

38)[line 39]àçøéåúACHRAYUS - Insurance of a Sale or Debt

(a)"Achrayus" refers to a way of insuring the purchase of land or the repayment of a debt. If Achrayus is offered, then if the land must be returned (due to that which it was stolen or had had a previous lien upon it, for example) or if the borrower lacks money to repay his dept, then the purchaser or lender has the right to collect all (other) land that had been in the possession of the seller or borrower at the time that the bill of sale or debt was written. In such a case the property of the seller or borrower is "Meshubad" to the purchaser or lender from the time that the document was written. If the document does not offer Achrayus, then the purchaser or lender loses his investment (Bava Basra 44b).

39)[line 40]èøóTARAF- took as payment

40)[line 41]îùúòé ãéðà áäãéäMISHTA'I DINA BA'HADEI- lit. to speak about the law with him; i.e., to act as his litigant [in that a) he may claim that he had already paid (or, presumable, that the loan document was forged) (RASHI); b) he may provide witnesses or go to the Sanhedrin (Jewish Supreme Court in Yerushalayim) when Shimon cannot (see TOSFOS DH Dina)]

41)[line 42]ìàå áòì ãáøéí ãéãé àúLAV BA'AL DEVARIM DIDI AT- You are not my litigant

42)[line 42]àé îô÷ú îéðéä, òìé äãøIY MAFKAS MINEI, ALAI HADAR- if you seize [this land] from him, it will return to me [to reimburse, since I guaranteed it with Achrayus]

43)[line 45]úøòåîúTAR'OMES- grievances

44)[last line]îëø ùãä ìùîòåïMACHAR SADEH L'SHIMON- sold a field to Shimon [and a) he did not yet perform any Kinyan (act of acquisition) (RASHI); b) he performed a Kinyan of either Shtar (transferal of a contract), Chazakah (any action normally performed by the owner of a field; see Background to Gitin 77:42), or Chalipin (barter; see Background to Nedarim 48:13) (TOSFOS to 9a DH mishe'Hichzik)]