[a - 38 lines; b - 25 lines]

1)[line 3]קדמה הראשונהKADMAH RISHONAH- the older [daughter] went [and got married] first [before the younger daughter]

2)[line 3]עישור נכסיםISUR NECHASIM- one tenth of [her father's] estate [which she is entitled to as a dowry]

3)[line 4]מת הבןMES HA'BEN- the son died [and the remaining estate falls to his two sisters, obviating the younger sister's need for a dowry]

4)[line 5]שניה ויתרהSHENIYAH VITRAH- the younger daughter has lost [her right to a tenth of her father's estate before it is divided]

5)[line 6]מוציאין לפרנסהMOTZI'IN L'FARNASAH- we re-appropriate [land that had already been sold by an orphan to pay] for [his sister's] dowry

6)[line 6]אין מוציאין למזונותEIN MOTZI'IN LI'MEZONOS - we do not seize [property] for [claims regarding] sustenance (TENA'EI KESUVAH)

(a)The Chachamim stipulated that a man has certain obligations toward his wife, above and beyond those in which he is obligated mid'Oraisa. Some of these conditions of marriage are written into every Kesuvah (Jewish marriage contract; see above, entry #26), and they are all enforced by Beis Din. These include:

1.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;

2.One must provide his wife with any medical care that she requires for as long as they are married;

3.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 fathers other wives. This is termed "Kesuvas Benin Dichrin";

4.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;

5.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)

(b)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.

(c)Rebbi Chanina points out that we do not re-appropriate land that has already been sold by an orphan to support his sister, as our Mishnah clearly rules.

7)[line 7]מיקץ קייצאMEIKATZ KAITZA- it is set [at one tenth]

8)[line 9]אית לה קלאIS LAH KALA- lit. it has a voice; i.e., it is common knowledge that once her father dies she holds the rights to a tenth of his estate upon her marriage

9)[line 10]מתוMESU- The Mishnah (Kesuvos 101b) describes a case in which a man agreed to support his wife's daughters from a previous marriage for five years. He subsequently divorced her, and she then made the same arrangement with her next husband. Although the daughters are able to subsist upon the payments of just one of these men, both men must pay the equivalent of their support for as long as the two five-year periods overlap. The part of the Mishnah cited by our Gemara describes the Halachah when these two men die in the middle of their agreements.

10a)[line 10]בנותיהן נזונות מנכסים בני חוריןBENOSEIHEN NIZONOS MI'NECHASIM BNEI CHORIN- their [own] daughters may be supported from properties that still belong to their father's estate [only]

b)[line 11]והיא נזונת מנכסים משועבדיםV'HI NIZONES MI'NECHASIM MESHUBADIM- [the daughter of their wife / ex-wife] may be supported [even] from properties that had been sold after he had agreed to support her (presumably even though this agreement had never been formalized in a contract)

11)[line 13]קנו מידוKANU MI'YADO- [the women in such cases] had formalized the agreement through an action effecting the obligation [which was presumably then recorded in a contract]

12)[line 14]מאי; פסקא?MAI; PASKA?- what [was the Tana thinking]; did he determine that it is standard [to make a Kinyan to obligate oneself in the support of his step-daughter, but not in the support of his own daughters]?

13)[line 15]הואיHAVA'I- she was [born already]

14)[line 18]גרשה ואהדרהGIRSHAH V'AHADRAH- he divorced [his wife after she had given birth to his daughter] and then remarried her. The Gemara could just as easily have explained that the case was one in which he married a different woman after his first wife was divorced or died. The point is that much more emphatic, however, when the daughters under discussion were born of the same woman.

15)[line 20]וכי מיגרע גרעה?!V'CHI MIGRA GAR'AH?!- is [his daughter] worse off [since she receives support due to a Tenai Beis Din]?!

16a)[line 21]כיון דבתנאי בית דין קאכלהKEIVAN DEB'TENAI BEIS DIN KA'ACHLAH- since she receives support [both] due to a Tenai Beis Din [and to that which her father made a Kinyan obligating himself]

b)[line 22]אימר צררי אתפסהEIMAR TZERAREI ASPESAH- we suspect that [her father] handed her a bundle of money [with which to support herself at the time of his death]

17)[line 22]אימתי?EIMASAI?- when [is it true that one may not collect for Achilas Peiros (see Background to 48:29:a) from lands that had been sold]?

18a)[line 23]שניSHENI- the second [person to purchase land from the thief] (i.e., the one from whom the first purchaser wishes to collect)

b)[line 23]ראשוןRISHON- the first [person to purchase land from the thief, who now wishes to recoup the value of his Peiros]

19)[line 25]משום דלא קדים הואMISHUM D'LO KADIM HU- [the reason why he may not collect from lands that had been sold] is because [his improvement of the field] did not precede [the sale of the second field]

20)[line 31]שני כיסין קשורין מצאת ליSHNEI KISIN KESHURIN MATSASA LI- (if someone claims) "You have found two purses tied together that belong to me"

21)[line 32]הלהHALAH- the other one (i.e., the finder)


(a)If one admits to owing part of what another claims is due him, we must suspect that he truly owes the amount of the entire claim. He does not have the funds to pay now, nor does he have the audacity to deny the claim completely. He therefore partially acknowledges the debt in an effort to postpone his repayment. He is therefore required to take an oath that he does not owe the remainder of the claim (Shemos 22:8; Kesuvos 18b).

(b)One who finds a lost object is required to return it (Devarim 22:1-3). If, when he does so, the owner claims that he lost more than what was returned, then the finder should be Halachically required to take an oath that he returned all that he found.

23)[line 33]שווריםSHEVARIM- oxen

24)[line 34]שוורין מנתחי מהדדיSHEVARIM MENATCHEI MEHADADEI- oxen pull away from each other [and their owner cannot therefore be sure that they were found tied together]


25)[line 2]פעמיםPE'AMIM- there are times


(a)The relationship between the various coins mentioned in the Talmud is as follows:

1.1 Maneh = 25 Sela'im = 100 Dinerin

2.1 Dinar Zahav (gold Dinar) = 25 Dinerin

3.1 Sela = 2 Shekel

4.1 Shekel = 2 Dinerin

5.1 Dinar = 6 Me'ah

6.1 Rova Shekel (or Sela Medinah) = 3 Me'ah

7.1 Me'ah = 2 Pundeyon

8.1 Pundeyon = 2 Isar

9.1 Isar = 8 Perutah (or sometimes 6 Perutah - see Kidushin 12a)

(b)All of the coins listed above (including the standard Dinar) are silver, except for the Dinar Zahav, which is gold, and the Perutos, which are copper.

27a)[line 3]מנה לאביך בידיMANEH L'AVICHA B'YADI- I owed your father a Maneh

b)[line 4]והאכלתיו פרסVEHE'ECHALTIV PRAS- and I returned half to him

28)[line 7]בטוענו קטןB'TO'ANO KATAN- [the case is one] in which [the son with] the claim is a minor

29)[line 8]מידי מששא אית ביה?MIDI MESHASA IS BEI?- is there any substance to his [claim]?

30)[line 10]לגבי מילי דאביו קטן הואL'GABEI MILEI D'AVIV KATAN HU- with regard to his father's business dealings he is [like] a minor [as he cannot be presumed aware of them]

31)[line 13]אלא בדרבה קמיפלגיELA BED'RABAH KA'MIPALGEI- rather [a) it is indeed a case in which the one with the claim is a minor (RASHI); b) the case in one in which the one with the claim is an adult (TOSFOS DH Ela) and] their disagreement revolves around [the statement of] Rabah

32)[line 15]אין אדם מעיז פניוEIN ADAM ME'IZ PANAV- one is not brazen

33)[line 17]למכפריהL'MICHPEREI- to deny it

34)[line 18]ובכוליה בעי דלודי ליהUV'CHULEI BA'I D'LODI LEI- he wishes to admit to him that he owes the entire amount. This second half of the Gemara's approach serves to explain why a) we still accept his oath although we suspect that he is not telling the truth (RASHI); b) we do not simply believe that he is telling the truth that he owes only half the amount (TOSFOS DH uv'Chulei).

35)[line 19]אישתמוטי הוא דקא משתמיט ליהISHTAMUTEI HU D'KA MISHTAMIT LEI- he is attempting to elude his [claim]

36)[line 21]פרענא ליהPARAINA LEI- I will repay him

37)[line 21]רחמנאRACHMANA- the Torah

38)[line 21]רמי שבועה עילויהRAMI SHEVU'AH ILAVEI- place [an obligation to take] an oath upon him