KESUVOS 104-105 (5 Teves) - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.

[104a - 57 lines; 104b - 53 lines]

1)[line 1]דמדליאD'MIDALYA- that it was elevated

2)[line 1]ובסים אויראU'VASIM AVIRA- and the air is pleasant (sweet)

3)[line 10]כוזאKUZA- an earthenware cup

4)[line 11]אישתיקו מרחמיISHTIKU ME'RACHAMEI- they stopped praying

5)[line 14]ואהדריה לקרעיה לאחוריהV'AHADREI L'KAR'EI LA'ACHOREI- he turned his [garment so that the] tear [in his clothes would be] behind him

6)[line 15]אראלים ומצוקיםER'ELIM U'METZUKIM- angels and [righteous] mortals (who are cast from earth)

7)[line 33]"[יבוא שלום ינוחו על משכבותם] הלך נכחו""[YAVO SHALOM, YANUCHU AL MISHKEVOSAM,] HOLECH NECHOCHO."- "[He enters into peace; they rest in their beds,] those who walk in the straight path." (Yeshayah 57:2)

8)[line 36]מלאכי חבלהMAL'ACHEI CHABALAH- angels of destruction

9)[line 38]"למעצבה (ישכב) [תשכבון]""L'MA'ATZEVAH (YISHKAV) [TISHKAVUN]"- "[Behold, all you who kindle a fire, who surround yourselves with sparks; walk in the light of your fire, and in the sparks that you have kindled. This came to you from My hand;] you shall lie down in sorrow." (Yeshayah 50:11)

10)[line 39]"רדה והשכבה את ערלים""REDAH V'HOSHKEVAH ES ARELIM"- "[Whom do you surpass in beauty?] Go down, and be laid with the uncircumcised." (Yechezkel 32:19)

11)[line 41]שתעשה טובהSHE'TA'ASEH TOVAH- that she will do good [deeds for the neighbors, at the expense of the household]

12)[line 46]לפום גמלא שיחנאL'FUM GAMLA SHICHANA- according to [the strength of] the camel is its burden; i.e. the wealthier the woman, the more good deeds she does using the money of the household

13)[line 47]מהו שתשלשMAHU SHE'TESHALESH- [according to Rebbi Meir,] should she divide [her Kesuvah by 25, and deduct 1/25 of her Kesuvah for every year that she stayed in the orphans' home]?

14)[line 50]קורטובKORTOV - a measure that contains one sixty-fourth of a Log (LIQUID MEASURES)

(a)The Talmud uses the following standards for liquid measures:

1.1 Eifah (or Bas) = 3 Se'in

2.1 Se'ah = 2 Hin

3.1 Hin (or Tarkav, when referring to dry measures) = 12 Lugin

4.1 Log = 4 Revi'iyos

5.1 Revi'is = 1.5 Beitzim = 16 Kortovim

(b)The modern-day equivalent of a Revi'is would be 75, 86.4 or 150 ml., depending upon the various Halachic opinions. Thus, the Kortov would be 4.6, 5.4 or 9.4 ml.


15)[line 17]אמר רב הכי?AMAR RAV HACHI?!- Did Rav say that?!

16a)[line 18]אישתיקן קאמרתISHTIKAN KA'AMRAT- Did you ask us [if Rav said it] in order to silence us (because you disagree)?

b)[line 18]או אשקיין קאמרת?O ASHKAYAN KA'AMRAT?- or did you say it with the intention to give us wine to drink (out of appreciation for learning a new Halachah in the name of Rav)?

17)[line 20]אינתת אחוה הואיINTAS ACHUHA HAVAI- was the wife of his brother

18)[line 22]בבי נשאB'BEI NASHA- with her father's household

19a)[line 25]אימא לי איזיEIMA LI EIZI- Tell me, my close friend, (MAHARSHAL to Bava Metzia 70a)

b)[line 26]גופא דעובדא היכי הוה?GUFA D'UVDA HEICHI HAVAH?- what was the incident?

20)[line 27]בחיי דמרB'CHAYEI D'MAR- By the life of the master (Rabah bar Shila)! (this is a term often used as an oath)

21)[line 28]דבכתפאי אמטאי להDEB'CHASFAI AMTI LAH- that I brought her [food] on my shoulders [every day]

22)[line 30]כיסופאKISUFA- shame, embarrassment

23)[line 32]לא אשגחLO ASHGACH- he did not pay attention, and did not give her money for Mezonos (sustenance) or the value of her Kesuvah

24)[line 33]אדרכתאADRACHTA- a document giving permission for a creditor to seize the possessions of a debtor

25)[line 34]היכי דנןHEICHI DENAN- how he judged me

26)[line 37]ואישתמודענאV'ISHTEMODANA- and we recognized, it was made known to us

27)[line 38]דמיתנא אינוןD'MISNA INUN- belonged to the deceased

28)[line 39]תיזיל אדרכתאTEIZIL ADRACHTA- let the Adrachta go (I will not use it in court)

29)[line 44]אחריות טעות סופר הואACHRAYUS TA'US SOFER HU

(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.

(d)The woman in our Gemara tried to compare the mistake in her Adrachta to a case where a Sofer left out Achrayus from a Shtar, since Rava rules that Achrayus Ta'us Sofer Hu.

30)[line 47]הני והני דידיהHANEI V'HANEI DIDEI- all of these properties (his own properties and the properties that he inherited from his brother) belong to Rebbi Chiya Aricha [and it does not matter from which she collects]

31)[line 49]ודבעלה מכספיUD'VA'ALAH MICHASFEI- and the property that had belonged to her husband would fall to ruin out of neglect [while in the possession of his heir, who expects to get his own property back from her, the wife of the deceased]

32)[line 49]ואמר לה שקיל דידך והב לי דידיV'AMAR LAH SHAKIL DIDACH V'HAV LI DIDI- and the heir says to her, "Take your field (the one that I inherited from your husband) and give me back my field (that has always belonged to me)."

33)[line 50]ואתי לאפוקי לעז על בי דינאV'ASI L'AFUKEI LA'AZ AL BEI DINA- and the decision of Beis Din will be discredited [since they were not careful to provide for her properly]


34)[line 52]דייני גזירותDAYANEI GEZEIROS- judges who have the authority to make decrees regarding penalties pertaining to theft