KESUVOS 91 - Dedicated in memory of Irene Edelstein, by Josh Rebbi Danziger of Cliffside Park, New Jersey.

[91a - 41 lines; 91b - 44 lines]

1)[line 32]אנחנו מעלים על נכסי אבינו יפה דינרANACHNU MA'ALIM AL NICHSEI AVINU YAFEH DINAR- we accept the properties of our father at the value of one Dinar more than their worth

2a)[line 34]בראויB'RA'UY- with assets that were not in the hands of the father when he dies but would have come to him eventually; e.g. the inheritance of one of the father's relatives who dies after the father (RASHI); loans that are owed to the father and business transactions that are in someone else's hands, that are reimbursed after the father's death, even if the debt was written in a document that was in the possession of the father while he was alive (RAV OVADYAH MI'BARTENURA)

b)[line 34]כבמוחזקKB'MUCHZAK- like assets that are in the possession of the father when he dies

3)[line 40]זילו פייסינהוZILU PAISINHU- go and appease them

4)[line 40]מחינא לכו בסילוא דלא מבע דמאMACHINA LECHU B'SILVA D'LO MABA DAMA- I will torture (lit. hit) you with a thorn or barb that does not let blood when it pierces the skin; i.e. I will excommunicate you (RASHI)


5)[line 1]כך מועטין ונתרבו זכו בהן יורשיןKACH MU'ATIN V'NISRABU ZACHU BAHEN YORSHIN- if there was less property and the amount of property increased, so that there now is a Mosar Dinar, the heirs of the smaller Kesuvah benefit, because the property is divided evenly (and the laws of Kesuvas Benin Dichrin do not apply). That is, the Halachah is not like Rav Amram (RASHI, see also Tosfos DH Kach for another interpretation).

6)[line 4]אפדניAPADNEI- mansions (ARUCH)

7)[line 8]אי שויא לך אלפא זוזי לחייIY SHAVYA LACH ALFA ZUZEI, LECHAYEI- if the one that you have already seized is worth 1000 Zuz to you, then it is good (you have already received all the money coming to you)

8a)[line 13]וטירפאV'TIRFA- and a document confirming that a purchased property (that was sold with Achrayus) was seized, giving the purchaser the right to be compensated for the value of the property (see also Background to Bava Basra 169:6 and SHULCHAN ARUCH Choshen Mishpat 98:9, where the same word is used to connote a document conferring to the creditor the right of seizure of a debtor's property)

b)[line 13]וטירפא בכמה כתבינן?V'TIRFA, B'CHAMAH KASVINAN?- Which amount is written in the Shtar Tirfa; 500 Zuz, the amount that the purchaser paid for it, or 1000 Zuz, the amount for which the creditor accepted it?

9)[line 17]קטיני דארעאKETINEI D'AR'A- small parcels of land

10)[line 36]סלוקי סלקוהSELUKEI SALKUHA- they removed his lien from the land

11a)[line 36]דזבנה לכתובתה דאימיה בטובת הנאהD'ZAVNAH LI'CHESUVASAH D'IMEI B'TOVAS HANA'AH- (a) who sold the rights of inheritance of his mother's Kesuvah for Tovas Hana'ah (RASHI, 1st explanation); (b) who sold the field that was a security for and from which payment would be extracted for his mother's Kesuvah (RASHI, 2nd explanation); (c) who sold his mother's right to her Kesuvah (TOSFOS RID)

b)[line 37]בטובת הנאהB'TOVAS HANA'AH - with a goodwill benefit

(a)The words "Tovas Hana'ah" denote the trivial benefit (in terms of pleasure or compensation) that a person receives in return for giving away an object or goods to which he has only very limited rights.

(b)A common example of this is selecting a particular individual to be the recipient of a gift that he is obligated to bestow to others. For example, Terumah must be given to a Kohen, and Ma'aser to a Levi. The Tovas Hana'ah of a Yisrael who separates Terumah or Ma'aser from his produce is the right to give the Terumah or Ma'aser to the Kohen or Levi of his choice.

(c)Another example is selling an object to which one will not have full rights until a later date, or to which one may never gain full rights. For example, a woman only receives a Kesuvah from her husband if the husband dies before her or divorces her. She may sell her rights to collect the Kesuvah for Tovas Hana'ah. Since the possibility exists that she will die before her husband and the purchaser will not receive the Kesuvah, the Tovas Hana'ah of the Kesuvah is worth much less than the Kesuvah itself.

(d)In our case, the son's rights to his mother's Kesuvah are limited even further by the possibility that he will die before his mother and never receive any inheritance from her.

12)[line 38]ומערעראU'ME'AR'ARA- and she objects, protests

13)[line 38]לא מפצינא לךLO MAFTZINA LACH- I will not reimburse you

14)[line 43]דאחריותD'ACHRAYUS (ACHRAYUS)

(a)"Achrayus" is a way of insuring the purchase of land or the repayment of a debt. A person who gives or sells a field to someone else, or who signs a document of debt (this includes a Kesuvah) can guarantee the field or document by obligating himself in Achrayus. If it is determined afterwards that the seller did not have the right to sell the land (for example, if the land was stolen, or if there was a lien on the property and it was claimed by a creditor as repayment for a loan), the assets of the seller are made available to the buyer to collect the value of the property that was removed from his possession. For example, if Reuven sold a field to Shimon with Achrayus, and Reuven's creditor demands and confiscates the field from Shimon, Shimon has the right to collect its value from Reuven (or from other people who bought land from Reuven after the time of Shimon's purchase). If the field was purchased without Achrayus, Shimon has no legal claim against Reuven whatsoever, and he is not compensated at all for his loss (Bava Basra 44b).

(b)There is an argument among the Tana'im as to whether a seller automatically accepts upon himself Achrayus whenever he sells a property or obligates himself to pay someone (e.g. by writing a document of debt or a Kesuvah) with a Shtar (a legal document), even if it did not state in the Shtar that he accepts upon himself Achrayus for the sale. Rebbi Yehudah states that "Achrayus Ta'us Sofer"; the sale or debt does have Achrayus and the scribe simply forgot to include it in the Shtar. Rebbi Meir rules that we follow the plain reading of the Shtar, and therefore there is no Achrayus (Bava Metzia 13b).

(c)The Gemara (ibid. 15b) concludes that even if Achrayus was not written in the Shtar, the seller is obligated in Achrayus unless he made an explicit condition to be absolved of Achrayus. With regard to a person who gives a gift, since most people do not accept Achrayus upon themselves when they give a gift, the Gemara concludes that the benefactor is not obligated in Achrayus unless he made an explicit condition that he should be obligated.