[a - 49 lines; b - 38 lines]

1a)[line 8]מצוה הוא דעבדMITZVAH HU D'AVAD- he is doing a Mitzvah [of enabling the couple to get married]

b)[line 8]לא מידי חסרהLO MIDI CHASRAH- [a woman] loses nothing [by consenting to a marriage]

2)[line 9]מעיקרא דתקנתיןME'IKARA D'TAKANTIN- from the source of the decree [that a woman collects her Kesuvah from Ziburis)

3)[line 11]האי משום דיתמי הוא!HAI MISHUM D'YASMEI HU!- this [that she collects from Ziburis] is due to that which [those from whom she is collecting] are orphans!

4)[line 13]שט"ח היוצא על היתומיןSHTAR CHOV HA'YOTZEI AL HA'YESOMIM- a writ of debt [detailing an outstanding loan extended to the father] of orphans that is now due

5)[line 14]שבחSHEVACH- [that it is to be paid with] Idis

6)[line 15]תדעTEDA- know [that it is correct that Yesomim need only pay Ziburis even when another in their situation would have to pay with higher quality land]

7)[line 17]הכי השתא?HACHI HASHTA?- now [is this] so?

8)[line 19]"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).

9)[line 20]פחות שבכליםPACHUS SHEB'CHELIM- [the] utensils of least value [in his possession] (which are the equivalent of land of Ziburis quality)

10)[line 24]דיניה מדאורייתא בעידיתDINEI MID'ORAISA B'IDIS- The Torah requires him [to make restitution] with Idis [since he tied them to the loan in the writ of debt] (See Insights)

11)[line 25]ולרבאUL'RAVA- and according to Rava [who maintains that we do not allow Yesomim to make restitution with Ziburis when they are required to do otherwise mid'Oraisa]

12)[line 25]אברם חוזאהAVRAM CHOZA'AH- Avram from Mechoza, a large Jewish trading town in Bavel located on the Tigris River

13)[line 27]דינן מדאורייתא בעידיתDINAN MID'ORAISA B'IDIS- the Torah requires [restitution to be made for] them with Idis [according to Rebbi Akiva (see 48b)]

14)[line 29]רבי ישמעאל היאREBBI YISHMAEL HI- see 48b

15)[line 32]רבי אליעזר ניותאהREBBI ELIEZER NEYOSA'AH- the name of a Tana

16)[line 35]לאו ...LAV ...- is it not ...

17)[line 36]שפאי עידיתSHAFAI IDIS- lit. Idis that has jumped. This refers to land that is no longer available to be used as repayment, whether it has been appropriated by others, flooded, or rendered worthless due to blight. Our Gemara explains that although the document had specified that Idis be taken in place of funds if necessary, now that the highest quality land has subsequently been lost the borrower may force the lender to accept Ziburis mid'Oraisa. This is because he is able to argue that it was the bad luck of the lender that led to its loss (Mazlach Garam).

18)[line 36]כדרבאKED'RAVA- as Rava said (in which case Rava is consistent with his own opinion)

19)[line 38]גובה מן הבינוניתGOVAH MIN HA'BEINONIS- he collects from Beinonis [as the result of a Rabbinic decree made so that people will not be hesitant to extend loans]

20)[line 42]לקטנים עבוד רבנןLI'KETANIM AVUD RABANAN- the Rabanan enacted it for minors [since they lack the acumen to look after their own interests]

21)[line 43]דלא מסיק אדעתא דמלוהD'LO MASIK A'DAITA D'MALVEH- [we assume] that it will not occur to a lender

22)[line 45]דהוה ליה נועל דלתD'HAVAH LEI NO'EL DELES- [which would have resulted in a situation in] which [people] would (lit. lock the door) be hesitant to lend money (which concern is what prompted the decree that a creditor receives Beinonis to begin with)

23)[line 46]אביי קשישאABAYE KESHISHAH- Abaye the elder

24)[line 46]יתומין שאמרוYESOMIM SHE'AMRU- the orphans which [the Rabanan] discussed

25)[line 48]שבועהSHEVU'A- [that which one must take] an oath [that he has not received payment from their father before collecting money from orphans]

26)[line 48]גדול במילי דאבוה כקטן דמיGADOL B'MILEI D'AVUHA K'KATAN DAMI- an adult is like a minor with regard to his father's business dealings [as he cannot be presumed aware of whether or not his father had repaid money that he owed]


27)[line 4]במתנה היאך?B'MATANAH HEI'ACH?- what is the Halachah regarding [a case in which one had given] a gift [of Beinonis after taking a loan and now has only Ziburis left with which to repay it]?

28)[line 5]משום פסידא דלקוחותMISHUM PESEIDA D'LEKUCHOS- to protect purchasers from loss

29)[line 7]אי לאו דאית ליה הנאה מיניהIY LAV D'IS LEI HANA'AH MINEI- had [the giver] not benefited from [the recipient in the past]

30)[line 9]מר קשישא בריה דרב חסדאMAR KESHISHA BREI D'RAV CHISDA- a) the elder of Rav Chisda's two sons [who had the same name] (RASHI to Kesuvos 89b DH Mar Keshisha; see Bach ibid.); b) the younger of Rav Chisda's two sons [who was born in Rav Chisda's old age] (TOSFOS Bava Basra 7b DH Mar Yenukah).

31)[line 10]שכיב מרעSHECHIV MERA - A Man on his Deathbed

(a)A Shechiv Mera is one who is about to die. Such an individual has a unique ability to bequeath his possessions to anyone of his choosing through speech alone. Normally, one must execute a proper Kinyan (act that effects the acquisition, such as Hagbahah - lifting; see Background to Gitin 21:6) in order to transfer his possessions to another. For fear that concern over his inability to transfer his possession quickly enough will hasten his death, the Chachamim instituted that a Shechiv Mera may bequeath his property with a simple verbalization that he wishes the transfer to take place. Should he recover from his malady, the gift becomes revoked automatically, for it is clear that the Kinyan was executed only to set his affairs in order prior to his death.

32)[line 12]אין אומרים כל הקודם בשטר זכהEIN OMRIM KOL HA'KODEM BI'SHTAR ZACHAH- we do not say that whomever was designated to receive a gift earlier takes precedence [over those who were designated to receive a gift after him such that if there is not enough money for all of them to receive what was promised them then the last is the first to lose; rather, they each receive a fraction of the total in proportion to what was promised them]

33)[line 13]גובה מכולןGOVEH MI'CHULAN- he collects [proportionately] from all of them

34)[line 16]אין לוEIN LO- if [the gift to the last one] is not [large enough to cover the debt]

35)[line 18]קמא בינונית ובתרא זיבוריתKAMA BEINONIS U'VASRA ZIBURIS- (the Gemara assumes that this is true even in a case in which) the first [recipient received] Beinonis and the last [recipient received] Ziburis

36)[line 21]וליחזי שטרא דמאן קדיםV'LECHEZEI SHETARA D'MAN KADIM- let us [simply] look at whose bill of debt came first [and have them pay the debt in the reverse order in which they loaned money in both cases of the Beraisa]

37)[line 23]שטר פקדתאSHTAR PEKADTA- a document [in which the] instructions [of the Shechiv Mera were recorded]

38)[line 25]אין נפסד אלא אחרוןEIN NIFSAD ELA ACHARON- only the last recipient suffers a loss [since, after the creditor collects Beinonis from the first recipient, the first recipient then lays claim to the Ziburis given to the last recipient since his right to a gift preceded that of the others]

39)[line 25]שוו כולהו להדדיSHAVU CHULHU L'HADADEI- [the case of the Beraisa was one in which] all of [the plots of land bequeathed as gifts] were of equal value

40)[line 27]אין כתוביןEIN KESUVIN- they are not written [into the bill of sale as they have not yet grown at that time, and future purchasers are therefore unaware that they should be careful to leave enough value to pay for them when purchasing land from the seller]

41)[line 28]מזון האשה והבנותMEZON HA'ISHAH VEHA'BANOS- see Background to 48:30

42)[line 29]כמאן דכתיבי דמוK'MAN DI'CHESIVEI DAMU- it is as if they are written [into the Kesuvah even if they are not, since everyone is obligated in these conditions set forth by Beis Din]

43)[line 30]מעיקרא הכי אתקוןME'IKARA HACHI ASKUN- it was originally established thusly

44)[line 31]אין כתובין הן אצל משועבדיןEIN KESUVIN HEN ETZEL MESHUBADIM- they are not [considered to be] written [in the Kesuvah] regarding properties sold since the lien was established [for then no one would wish to purchase property as everyone has a Kesuvah]

45)[line 37]אין קצוביןEIN KETZUVIN- their [value] is not fixed