KESUVOS 16-17 - Generously sponsored by Marsha and Lee Weinblatt of Teaneck, New Jersey. May Hashem bless them with a Kesivah va'Chasimah for a year of health, prosperity and much Yiddishe Nachas from their wonderful children and grandchildren.

[16a - 52 lines; 16b - 45 lines]

1)[line 1]שהפה שאסר הוא הפה שהתירHA'PEH SHE'ASAR HU HA'PEH SHE'HITIR- (lit. the mouth that forbade is the same mouth that permitted) since we only know that the field belonged to the litigant's father because of this person's testimony, we also believe him when he says that he bought it from the father

2)[line 6]איהי מהימנאIHI MEHEIMNA- she is believed [since we know that she was definitely a Besulah to begin with]

3)[line 7]בברי ושמאBARI V'SHEMA- [a case in which her claim is one from a position of] certainty and [his is one from a position of] doubt

4)[line 8]ודקארי לה מאי קארילהU D'KA'ARI LAH, MAI KA'ARI LAH- [as this answer is quite apparent,] what was the thinking of he who asked it?

5)[line 10]כי ברי ושמא דמיKI BARI V'SHEMA DAMI- it is similar to [a case in which she is] certain and [he is] uncertain [since there is more reason to believe her claim than his]

6)[line 12]איירי ר''ג במודהAIRI RABAN GAMLIEL B'MODEH- [our Mishnah first] discusses [a case in which] Raban Gamliel is agreeing [to Rebbi Yehoshua since it is a case of Bari u'Bari]

7)[line 14]אהאי פירקין קאיA'HAI PIRKIN KA'I?- is referring to [that which is discussed] in this Perek?

8)[line 15]אמגוMIGO (MAH LI L'SHAKER)

"Migo" (lit. "since") is usually the first word of a legal device known as a "Mah Li l'Shaker." "Mah Li l'Shaker" literally means, "Why should I lie." With this concept, a person's claim is believed because had he wanted to lie, there was a lie that he could have used that would have been more readily believed by Beis Din. However, if a person's believability in Beis Din is based solely upon a Mah Li l'Shaker and there are witnesses who testify against his claim (or other evidence against it), the witnesses (or other evidence) are believed.

9)[line 15]אהייאA'HAI?- to which Mishnah is this referring?

10)[line 16]מה טיבו של עוברזהM AH TIVO SHEL UBAR ZEH?- what is the status of your fetus? (i.e. of what lineage is his father)?

11)[line 17]וכהןV'KOHEN- and (in this instance) a Jew of unsullied lineage

12)[line 18]לא מפיה אנו חייןLO MI'PIHA ANU CHAYIN- (lit. we do not live from her mouth) we do not conduct ourselves according to her words. (One of the three pillars of the world is Emes, truth (Avos 1:18). As such, the Mishnah employs the phrase, "We do not live from her words," i.e. we cannot assume that her words are the truth - TOSFOS REBBI AKIVA EIGER, quoting TALMIDEI RABEINU YONAH, cited in the SHITAH MEKUBETZES. The TIFERES YISRAEL brings the Gemara Sanhedrin 97a, that tells of a place called Kushta, the inhabitants of which live long lives because they never tell lies. The word Kushta also means truth. Accordingly, the Mishnah hints that we will not live long lives because of her words, since she may be lying.)

13)[line 20]כריסה בין שיניהKEREISAH BEIN SHINEHA- (lit. her stomach is between her teeth) she is pregnant, i.e. she does not have the liberty to make an alternate claim that she never had relations

14)[line 25]נסתרהNISTERAH- [witnesses observed that] she secluded herself [with a an unidentified man]

15)[line 28]מוכת עץMUKAS ETZ- lit. one hit by a stick; a woman whose hymen was ruptured by a foreign object

16)[line 29]לא כיLO KI- it is not so

17)[line 29]דרוסתאישD ERUSAS ISH- a woman who has lost her virginity due to relations with another man

18)[line 32]במנה ולא כלוםB'MANEH V'LO KLUM- he says that she claims a Kesuvah of 100, and he claims she has no Kesuvah.

19)[line 33]מאתיםMASAYIM (KESUVAH)

See Background to 7:4.

20)[line 34]מעיקראME'IKARA- originally [before the betrothal]

21a)[line 37]משארסתני נאנסתיMISHE'ERASTANI NE'ENASTI- she says that she was raped after Kidushin

b)[line 38]ונסתחפה שדהוV'NISTACHFAH SADEHU- (lit. his field was washed out) it is your bad Mazal that caused me to be raped

22)[line 42]דלא קא פסלה נפשה מכהונהD'LO KA PASLAH NAFSHAH MI'KEHUNAH- she could have said that she is a Mukas Etz and remained permitted to Kohanim

23a)[line 47]הכא אין שור שחוט לפניךHACHA EIN SHOR SHACHUT LEFANECHA- (lit. here, no slaughtered ox is in front of you) there is no undeniable evidence at hand. (a) If the person who claims to have bought the field had kept quiet, there would have been no one to contest the fact that he owns the field (RASHI); (b) there is no definite proof that the field ever belonged to the litigant's father (TOSFOS)

b)[line 48]התם הרי שור שחוט לפניךHASAM HAREI SHOR SHACHUT LEFANECHA- (lit. there, the slaughtered ox is in front of you) there is undeniable evidence at hand. (There, the Chasan saw that she was not a virgin and had a claim before she spoke up. According to TOSFOS there she has no Besulim, so she cannot claim that she is a Besulah.)

24)[line 50]כי לא אתו עדים מאי הויKI LO ASU EDIM, MAI HAVI?- if no witnesses come, so what? (Since most women are Besulos before marriage, this woman should be considered as part of the majority, and thus her Kesuvah should be 200 Zuz.)

25)[last line]קולKOL- whenever a maiden gets married, it is spoken about


26)[line 1]איתרע לה רובאISRA LAH RUBA- [her entitlement to be considered part of] the majority has been harmed (since there was no Kol (see previous entry) about this woman)

27)[line 3]הנך סהדי שקרי נינהוHANACH SAHADEI SHAKREI NINHU- these are lying witnesses (since other people knew nothing about it)

28)[line 7]מפקאMAFKA- he may go out

29)[line 7]וגביאV'GAVYA- and he collects

30)[line 9]כותבין שוברKOSVIN SHOVER- a receipt (for the Kesuvah, given to the husband or his heirs after the value of the Kesuvah has been collected)

31)[line 10]במקום שאין כותבין כתובה עסקינןB'MAKOM SHE'EIN KOSVIN KESUVAH ASKINAN- our Mishnah is dealing with a place where they do not write a Kesuvah

32)[line 12]הטמינהHITMINAH- if she hid her Kesuvah

33)[line 13]רקדו לפניהRAKDU LEFANEHA- [at the wedding,] they danced in front of her

34)[line 13]שחקוSACHAKU- they frolicked in front of the bride

35)[line 13]כוס של בשורהKOS SHEL BESORAH- (lit. a cup of [good] tidings) a cup of wine of Terumah that shows that she is a Besulah, as the Gemara explains below

36)[line 14]מפה של בתוליםMAPAH SHEL BESULIM- cloth for Dam Besulim

37)[line 20]דכתב לה איהוD'CHASAV LAH IHU- this man happened to write for her [a Kesuvah]

38)[line 22]באורB'UR- in fire

39)[line 23]ותו איבדה למה ליV'SU IVDAH LAMAH LI?- and, moreover, why do we need [to be taught the law in the case of] the Kesuvah that is lost?

40)[line 24]כל איבדה כי הטמינה בפנינו דמיKOL IVDAH KI HITMINAH LEFANEINU DAMI- every case of a lost Kesuvah is like she hid it in front of us (and she does not collect unless witnesses saw that it was burned)

41)[line 26]מאן דמתני לה אברייתאMAN D'MASNI LAH A'BERAISA- the opinion that teaches this statement on the Beraisa

42)[line 28]כי קושיאKI KUSHYA- [the opinion that teaches this statement on the Beraisa does not apply it to the Mishnah as well] because of the difficulty [presented above]

43)[line 31]במקום דלא אפשר ודאי כתבינן שוברB'MAKOM D'LO EFSHAR VADAI KASVINAN SHOVER- where there is no alternative, certainly we write a receipt

44)[line 34]תרומהTERUMAH

(a)After a crop is harvested and brought to the owner's house or yard, he must separate Terumah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop.

(b)After Terumah is removed from the produce, the first tithe to be given every year is called Ma'aser Rishon; one tenth of the produce must be given to a Levi.

(c)A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.

(d)The tithe that is separated during the first, second, fourth and fifth years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim.

(e)Alternatively, Ma'aser Sheni produce may be redeemed, in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional fifth (of the ensuing total, or a quarter of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.

45)[line 34]ראויה היתה זוRE'UYAH HAYESAH ZU- [this symbolizes that] this woman was fitting [to marry a Kohen and eat Terumah]

46a)[line 37]זו ראשיתZU REISHIS- this is her first [act of Bi'ah]

b)[line 37]כתרומה ראשיתKI'TERUMAH REISHIS- just like Terumah is called "Reishis" (in the verse, "Reishis Degancha," Devarim 18:4)

47)[line 38]חביתC HAVIS- a barrel

48)[line 40]סתומהSETUMAH- [we pass] a closed barrel [in front of a Besulah]

49)[line 42]זימנין דתפסה מאתיםZIMNIN D'TAFSAH MASAYIM- she might seize 200 and claim that she was a Besulah

50)[line 44]אתנוסי הוא דאתניסוISNUSEI HU D'ISNISU- [was simply because] they did not [pass the barrel before me] due to a mishap (e.g. they were so drunk that they forgot to perform the custom of barrel-passing, RASHI)