[89a - 27 lines; 89b - 46 lines]

1)[line 2]שובריSHOVRI- my receipt (for paying the Kesuvah)

2)[line 4]פרוזבולPRUZBUL - (A document allowing the collections of loans after Shemitah)

(a)The Torah requires that all loans shall be canceled every seventh year, as it states in Devarim 15:2, "Shamot Kol Ba'al Masheh Yado" - "Every creditor who lends anything to his neighbor shall release it." To demand payment of a loan after the Shemitah year is a violation of the prohibition of "Lo Yigos Es Re'ehu v'Es Achiv" - "he shall not exact it of his neighbor or of his brother" (ibid.) Most Rishonim rule that the Shemitah year cancels loans at the end of the year, on the last day of the month of Elul. (RAMBAM Hilchos Shemitah v'Yovel 9:1-4)

(b)Hashmatas Kesafim applies mid'Oraisa only when the Yovel year is in practice. Mid'Rabanan it applies today, whether inside or outside of Eretz Yisrael.

(c)Hillel the Elder saw that people stopped giving loans when the Shemitah year was approaching out of fear that that they would not get their money back because the debt would be annulled by the Shemitah year. By doing so, they were transgressing an express command of the Torah not to refuse to loan money prior to Shemitah (Devarim 15:9). Hillel therefore instituted the "Pruzbul" (from the Greek "Pruz," benefit, and "Buli," [for] the rich), effectively creating a way to avoid having Shemitah annul one's debts, as long as the borrower owns some land (Shevi'is 10:3, 6).

(d)In a Pruzbul document, one files a contract with Beis Din, before the end of the Shemitah year, stating that he is placing all debts owed to him into the hands of the Beis Din to collect them for him (Shevi'is 10:4). By doing this, the lender will not transgress the prohibition of "Lo Yigos" ("he shall not exact it of his neighbor or of his brother after Shemitah has annulled it") when he collects the loan after Shemitah, since he will not have to approach the borrower to collect the loan; Beis Din will take care of the collection and he will approach Beis Din. Beis Din, too, does not have to approach the borrower to collect the loan, since Beis Din can simply collect it using their power of "Hefker Beis Din Hefker" (RASHI, Kesuvos 89a and Gitin 32b DH Mosrani, Bava Basra 27a DH Pruzbul). A Pruzbul allows a person to collect the loan after Shemitah only if the borrower has land. It is unusual for a person to loan money to a person without land, and the Rabanan did not institute the use of Pruzbul for unusual loans (RASHI Gitin 37a DH Ela, Bava Basra 27a DH Pruzbul). Alternatively, Pruzbul permits a person to collect a loan after Shemitah because the moment one allows Beis Din to collect his loans, it is as if they are already collected, and in his possession, immediately (since nothing can stop Beis Din from collecting the loan). This is also the reason why the borrower must own land in order for Pruzbul to permit the collection of the loan. It is only if he has land that Beis Din can easily collect the loan. If the borrower only has movable possessions, it is possible for him to prevent Beis Din from collecting them by hiding them from Beis Din. Therefore they are not considered to have entered the lender's possession until they are actually collected as payment. (RASHI Bava Kama 12a DH Chal)

3)[line 8]אמר רב במקום שאין כותבין כתובה עסקינןAMAR RAV, B'MAKOM SHE'EIN KOSVIN KESUVAH ASKINAN- the Mishnah is discussing a place in which they normally did not write Kesuvos [but rather relied on the unwritten Tenai Beis Din]. (One might wonder how this solves the Gemara's problem; we should still be concerned that the woman will collect her Kesuvah a second time after her husband dies by bringing testimony to court to prove that her husband died, and then claiming that she was never divorced! The answer is that since there is no way to avoid having a woman collect again after her husband's death in a place where a Kesuvah is not written, all agree that a Shover must be written in such places. Shmuel, who argues with Rav in the next line, also agrees to this. However, he prefers to learn that a Kesuvah was written in the case described in the Mishnah, since the Mishnah implies that the woman was expected to have shown her Kesuvah.)

4a)[line 16]גט גובה עיקר כתובה גובה תוספתGET GOVAH IKAR; KESUVAH GOVAH TOSEFES- with the Get (alone) she can collect the main part of the Kesuvah (Maneh - the 100 Zuz given to a widow or divorcee, or Masayim - the 200 Zuz given to a virgin; see next entry); with the Kesuvah she can collect the Tosefes, any additional money that the husband wishes to add to the Kesuvah

b)[line 17]עיקרIKAR - 100 or 200 Zuz (KESUVAH)

See Background to 7:4.


5)[line 14]לרב לדידך דאמרת גט גובה עיקר ...L'RAV, L'DIDACH D'AMRAT GET GOVEH IKAR- (the same question may be asked according to Shmuel, regarding a place where they did not usually write a Kesuvah - TOSFOS DH l'Didach)

6)[line 16]וליחוש דלמא גירשה ומפקא לגיטאV'LEICHUS DILMA GIRSHAH U'MAFKA L'GITA- we should be concerned that she was divorced before her husband died, and she will collect the Kesuvah a second time at a later date by showing the Get to Beis Din. (The Gemara could equally have asked that we should be afraid that she already collected her Kesuvah in the past, before her husband died - MAHARAM SHIF.)

7)[line 27]אלמנה מן האירוסין מנלן דאית לה כתובהALMANAH MIN HA'EIRUSIN MENALAN D'IS LAH KESUVAH- that is, how do we know that a widow who was only an Arusah (i.e. whose husband died before Nisu'in) receives a Kesuvah from her husband's estate even if the husband did not yet present her with a Kesuvah. (Earlier on 47b the Gemara cited a dispute between Rebbi Elazar ben Azaryah and the Chachamim if the widow of an Arusah receives the Tosefes that the husband wrote in her Kesuvah, even if he did write her a Kesuvah. Both agree that she receives the Kesuvah itself, if her husband wrote her a Kesuvah already. Here, the Gemara is discussing whether the widow of an Arus receives the Kesuvah itself, if he did not write her a Kesuvah.)

8)[line 33]לא אוננתLO ONENES (ANINUS - The Halachic status of a mourner immediately after a close relative's death)

See Background to 53:20.

9)[line 33]ולא מיטמאה לוV'LO MITAMEI LAH

(a)The Torah (Vayikra 21:1-4) forbids Kohanim from coming into contact with corpses while concurrently commanding them to handle the burial of certain relatives. Those relatives are the Kohen's mother, father, son, daughter, brother, sister from his father (if she is an unmarried virgin), and wife (if the wife is permitted to be married to him).

(b)If a Kohen is married to a woman with Kidushin mid'Rabanan (e.g. if she married him as a minor after her father died), her husband is allowed and required to handle her burial. (The Gemara concludes that the Kohen is actually permitted to bury her mid'Oraisa, even though she is only married to him with a Kidushin mid'Rabanan. Since the Kohen inherits her nobody else will handle her burial, and therefore she is like a Mes Mitzvah - see Insights to Yevamos 89b.)

(c)The prohibition to come into contact with a corpse applies only to male Kohanim who are not Chalalim. (However, immediately before, and during, the three pilgrimage holidays (Pesach, Shavuos, and Sukos), every Jew, male or female, is commanded to be Tahor - RASHI, Yevamos 29b DH v'Lo Mitames.) The positive command to handle the burial of the seven relatives mentioned above (a) applies not only to Kohanim, but to all Jews.

10)[line 39]גיטא דנן קרענוהיGITA DENAN KERA'ANUHI- we tore up this Get