[14a - 33 lines; 14b - 44 lines]
1a)[line 1]חדא הואCHADA HU- (the Gemara answers) it is [really] one [point]
b)[line 1]דחד טעם הואD'CHAD TA'AM HU- since it is one reasoning [that requires him to say both]
2)[line 2]הוא מתרץ הכיHU METARETZ HACHI- it is that he must explain as he does (namely, that according to Rebbi Meir one cannot use a document without Achrayus to collect whatsoever, and that the reason why Rebbi Meir and the Chachamim disagree in such a case is that they agree in all others)
3)[line 4]מוקיMOKI- he establishes
4)[line 6]בשוקB'SHUK- in the marketplace (i.e., the public arena)
5)[line 6]ולא חיישינן לפרעוןV'LO CHAISHINAN L'FIRA'ON- we do not suspect that it has been repaid [even if the debtor claims that he has done so, since in that case he should have immediately destroyed it]
6)[line 8]אלמא חיישינן לפרעוןALMA CHAISHINAN L'FIRA'ON- we see that we do suspect that it has been repaid [even when the debtor admits that it has not, since we fear that they have conspired together to swindle he who had previously purchased the field of the debtor]
7)[line 10]מ"ט דרבנן?MAI TAIMAIHU D'RABANAN?- what is the reasoning of the Rabanan [(a) in the Beraisa who rule that one may not return a document without Achrayus, now that I have been disproved and the case is specifically one in which the debtor claims that he has not yet repaid]? (TOSFOS RABEINU PERETZ; simple understanding of RASHI); [(b) in the Mishnah]? (TOSFOS DH Mai)
8)[line 11]אחריות טעות סופר הואACHRAYUS TA'US SOFER HU (ACHRAYUS TA'US SOFER / LAV TA'US SOFER - Whether or Not Responsibility Left Unmentioned in a Legal Document is the Result of a Mistake on the Part of the Scribe)
(a)"Achrayus" (lit. responsibility) refers to a type of insurance. When one borrows money or sells or gifts land, he may specify that if he is unable to repay the loan or if it emerges that he did not have the rights to the land (e.g., it did not belong to him, or a creditor appropriated the land due to a lien which preceded the sale), then his other assets will be made available to secure the value of the loan or property. If there is no Achrayus, then the borrower or seller is not responsible to secure the loan, sale, or gift with his other holdings (Bava Basra 44b).
(b)The Tana'im disagree as to whether or not a Shtar (legal document) is assumed to include Achrayus when no mention of the condition is found therein. Rebbi Yehudah maintains that "Achrayus Ta'us Sofer" - the lack of Achrayus in a Shtar is assumed to be the result of a mistake on the part of the scribe who wrote it. Unless the Shtar specifies that there is no Achrayus, the other assets of the borrower or seller insure the value of the transaction. Rebbi Meir rules that when a Shtar includes no mention of Achrayus, it may not be assumed (Bava Metzia 13b).
9a)[line 13]שבחSHEVACH- [whether or not one who has sold a field wishes to insure, in addition to its value at the time of the sale,] that which it will be improved [by the purchaser afterward]
b)[line 13]שפרSHEFAR- [whether or not one who has sold a field wishes to insure it with his] highest quality land (Idis)
c)[line 14]ושעבודV'SHIBUD- [whether or not he wishes to provide] insurance [for the field to begin with]
10)[line 14]צריך לימלךTZARICH LIMALECH- [the scribe] must inquire [of the seller before he composes the document]
11a)[line 15]כאן בשטר[י] הלואהKAN B'SHTAR[EI] HALVA'AH- here [where Shmuel stated that Achrayus Ta'us Sofer Hu] is referring to bills of debt
b)[line 16]דלא יהיב אינש זוזי בכדיD'LO YAHIV INISH ZUZEI BI'CHDI- for people do not give [away] their money for free
12)[line 17]עביד אינש דזבין ארעא ליומיהAVID INISH D'ZAVIN AR'A L'YOMEI- a person may purchase land for a short period of time (lit. for one day) [since he still receives some benefit from it]
13)[line 18]זבין עליתא מאחתיהZAVIN ALISA ME'ACHTEI- he purchased a second-story dwelling from his sister
14)[line 18]אתא בעל חוב טרפא מיניהASA BA'AL CHOV TARFAH MINEI- [her] creditor came along and claimed it from him
15)[line 21]זיל לשלמא!ZIL L'SHALMA!- go in peace; i.e., I cannot help you!
16)[line 27]דאזילD'AZIL- he may go
17)[line 27]ומשתעי דינא בהדיהU'MISHTA'EI DINA BA'HADEI- take [the creditor] to court (see Insights)
18a)[line 28]ולא מצי א"לV'LO MATZI AMAR LEI- [the creditor] may not say to [Reuven]
b)[line 28]לאו בעל דברים דידי את!LAV BA'AL DEVARIM DIDI AT!- you are not my litigant [as the field upon which I have a lien is no longer in your possession]!
19)[line 29]דמפקת מיניה עלי דידי הדרD'MAFKAS MINEI ALAI DIDI HADAR- that which you claim from [Shimon] will return to me (i.e., I am responsible to replace it)
20)[line 31]תרעומתTAR'OMES- grievances
21)[line 32]שמכר שדה לשמעוןSHE'MACHAR SADEH L'SHIMON- who sold a field to Shimon [a) although Shimon has not yet paid for it (RASHI); b) in a case in which Shimon has acquired it in a manner other than through a cash payment (TOSFOS DH Ad, citing the RIVAM)]
22)[last line]עסיקיןASIKIN- those who claim that the field rightfully belongs to them
23)[last line]עד שלא החזיק בהAD SHE'LO HICHZIK BAH- before he has performed an action demonstrating that he is the owner of the field (the Gemara will soon explain the manner of action to which this refers)
24)[line 1]יכול לחזור בוYACHOL LA'CHZOR BO- [Shimon] may back out of the purchase
25)[line 2]חייתא דקטרי סברת וקבלתCHAISA D'KITREI SAVRAS V'KIBALT- you agreed to accept (a) a pouch full of knots [that you had assumed was full of something more valuable] (RASHI); (b) a small tied-up pouch [that turned out to contain nothing but air] (RASHI to Bava Kama 9b); (c) a small pouch tied in knots [indicating that valuables were within, but which really was empty] (RABEINU YEHONASAN cited in SHITAH MEKUBETZES to Bava Kama 9b, RASHI to Kesuvos 93a); (d) a [full] skin that was tied [that may have contained wine, oil, or water, and turned out to contain water] (RABEINU CHANANEL to Bava Kama 9b); i.e., you risked your money and lost it
26)[line 3]מכי דייש אמצריMI'CHI DAYISH A'MATZREI- from when he (a) fixes and raises the boundaries [of the field] (RASHI); (b) walks the length and breadth [of the field, demonstrating that he is comfortable with his purchase] (TOSFOS to 14a DH Ad, citing the RIVAM)
27)[line 4]אפילו באחריות נמיAFILU B'ACHRAYUS NAMI- [Shimon may not back out of the deal at this point] even in a case [in which Reuven sold him the field] with Achrayus
28)[line 4]אחוי טרפך ואשלם לך!ACHVEI TARFACH VA'ASHALEM LACH!- show me the document issued by Beis Din that allows those who claim to own the field to claim it from you and I will pay you [for the field]!
29a)[line 6]יש לו מעותYESH LO MA'OS- [the purchaser] receives [the] money [of his original purchase from the thief who sold it to him]
b)[line 7]ויש לו שבחV'YESH LO SHEVACH- and he receives the value of that which he improved the field [from the thief a) in case in which the field is worth no more to the true owner now then it was when it was stolen, due to inflation (RASHI); b) since the true owner need not pay for any more than the expenses of the purchaser, and not the full value of the improvements (TOSFOS DH v'Yesh; see bottom of 15a)]
30)[line 8]פירש לו את השבח, מהו?PIRESH LO ES HA'SHEVACH, MAHU?- [according to the opinion of Shmuel] what is the Halachah in a case in which [the seller] explicitly guaranteed the value of any improvements [made by the purchaser]?
31)[line 11]לית ליה קרקעLEIS LEI KARKA- this land does not belong to [the seller]
32)[line 11]מחזי כרביתMECHZEI K'RIBIS- [that which the seller returns a sum of money greater than that which he receives] appears as [if the purchaser is charging] interest [since the money is revealed to have been akin to a loan now that the transaction has been retroactively shown to have been null and void]
33)[line 12]אין ולאו ורפיא בידיהIN V'LAV V'RAFYA B'YADEI- yes [the purchaser would receive the value of his improvements in such a case] and [then later he changed his mind and said] no; he was unsure of the correct answer
34)[line 15]שכר מעותיו עומד ונוטלSECHAR MA'OSAV OMED V'NOTEL- he is taking the profit of his money; i.e., it appears as if he charging interest on a loan
35)[line 16]אין מוציאיןEIN MOTZI'IN- [Beis Din] does not reclaim [property that has been sold]
36a)[line 17]לאכילת פירותACHILAS PEIROS- produce of the field that were consumed (the Gemara discusses the case to which this refers]
b)[line 17]ולשבח קרקעותSHEVACH KARKA'OS- improvements made in the property (the Gemara discusses the case to which this refers]
c)[line 17]מזון האשה והבנותMEZON HA'ISHAH VEHA'BANOS (TENA'EI KESUVAH - Stipulations Built into a Kesuvah)
(a)Every man holds certain obligations toward his wife, some of which he is obligated in mid'Oraisa, and some mid'Rabanan. Some of these conditions of marriage are written into every Kesuvah (Jewish marriage contract; see Background to Gitin 79:41), 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).
Some opinions maintain that these last two obligations are mid'Rabanan in nature.
(b)Those stipulations of marriage that are Rabbinic in nature include:
1.One must provide his wife with any medical care that she requires for as long as they are married.
2.One must redeem his wife should she be taken captive. If he is a non-Kohen, he must take her back into his house; if he is a Kohen and cannot remain married to her, then he must redeem her and then divorce her so that she may remarry. He may not divorce her when she is in captivity and then claim that she can redeem herself with the money she has now gained through the Kesuvah. In exchange for this benefit, Chazal instituted that a husband may reap the profits of possessions belonging to his wife (Nichsei Milug; see Background to Gitin 77:44) for as long as they are married. Neither may forego their right in exchange for giving up their responsibility in this regard (Kesuvos 47b).
3.One is obligated to pay for the burial expenses of his wife. In exchange for this benefit, Chazal instituted that he inherits the dowry that she brought into the marriage (Kesuvos 47b).
4.If one dies before his wife, then his wife may continue to live in his house and is provided for by his estate until she decides to remarry. This is termed "Mezon ha'Ishah". (This Tenai was not in effect in all sectors of Eretz Yisrael. It applied in Yerushalayim and the Galil, but in Yehudah the heirs reserved the right to give her the value of her Kesuvah and require her to move out of their father's home.) (Mishnayos Kesuvos 4:7-12)
5.After one's death, his daughters may continue to live in his house and are provided for by his estate, until they marry. This is termed "Mezon ha'Banos."
6.If one's wife dies before her husband, then her sons inherit the full value of her Kesuvah exclusively when her husband dies. This is aside from that which they split the remainder of their father's estate with any half-brothers born to their father's other wives. This is termed "Kesuvas Benin Dichrin."
(c)One is obligated to fulfill these conditions even if he omitted them from his wife's Kesuvah or did not give her a Kesuvah to begin with.
37)[line 18]מפני תיקון העולםMIPNEI TIKUN HA'OLAM- for the benefit of the public. The extent of these expenses are impossible for one to measure or predict beforehand. If a lien existed upon property owned when the document was signed, people would be overly wary of purchasing real estate for fear that they would lose it in the future.
38)[line 19]מפקינןMAFKINAN- we remove it [from his possession]
39)[line 25]איןIN- yes [he does collect]
40)[line 27]מידי אריא? הא כדאיתא והא כדאיתא!MIDI IRYA? HA KED'ISA V'HA KED'ISA!- is this a proof? This [case] is unique unto itself, and the other is unique unto itself!
41)[line 28]לשבח קרקעות כיצד?L'SHEVACH KARKA'OS KEITZAD?- The Gemara now quotes a later part of the Beraisa that we are discussing.
42)[line 29]הרי היא יוצאה מתחת ידוHAREI HI YOTZ'AH MI'TACHAS YADO- [the field] is leaving his possession [as a result of legal action taken by Beis Din]
43)[line 30]כשהוא גובהKESHE'HU GOVEH- when he collects
44)[line 31]הקרןHA'KEREN- [the value of] the principal [of the field]
45)[line 34]לאו תרוצי קא מתרצת?LAV TERUTZEI KA METARTZAS?- have you not [already changed the simple meaning of the words in order to] answer [a question]?
46)[line 35]לאכילת פירות כיצד?LA'ACHILAS PEIROS KEITZAD?- The Gemara now quotes a part of the Beraisa that we are discussing. This part of the Beraisa appears before the part cited earlier (see above, entry #41); the Gemara quoted them out of order since there was a way to defer the proof from the previously quoted part.
47)[line 41]אמר רבאAMAR RAVA- The Gemara cannot answer that the case is one of a creditor, since we established earlier that according to Shmuel a creditor does not receive produce that has grown in the field since it was sold. Rava therefore explains that the case is indeed one in which a thief sold the land which he stole, but that the case is not one in which he subsequently sold it.
48)[line 42]חפר בה בורות שיחין ומערותCHAFAR BAH BOROS SHICHIN U'ME'AROS- he dug various types of pits in [the land (see Background to 5:3), thereby causing it to depreciate in value, in which case it cannot simply be returned to its true owner in its current state]