KESUVOS 109 (4 Sivan) - Dedicated by Rabbi Kornfeld's father, Mr. David Kornfeld, in memory of the members of his family who perished at the hands of the Nazi murderers in the Holocaust, Hashem Yikom Damam: His mother (Mirel bas Yakov Mordechai), brothers (Shraga Feivel, Aryeh Leib and Yisachar Dov sons of Mordechai), grandfather (Reb Yakov Mordechai ben Reb David Shpira) and aunt (Charne bas Yakov Mordechai, the wife of Reb Moshe Aryeh Cohen zt'l). Their Yahrzeit is observed on 4 Sivan.
 

12th CYCLE DEDICATION
KESUVOS 106-110 - 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.

[109a - 44 lines; 109b - 45 lines]

1)[line 28]הלכה כמותו וכיוצא בוHALACHAH KEMOSO UCH'YOTZEI BO- (a) the Halchah follows his opinion and that of the Tana who rules like him (RASHI); (b) the Halachah follows his opinion in these cases and all other cases that are similar (RABEINU CHANANEL, cited by TOSFOS DH Shnei Devarim)

2)[line 35]אין הלכה כיוצא בו הא כמותו הלכה בכולהוEIN HALACHAH KA'YOTZEI BO, HA KEMOSO HALACHAH B'CHULHU- (a) the Halachah does not follow the opinion of Raban Gamliel, who only agrees with Admon in three of the seven cases; this implies that the Halachah follows the opinion of Admon in all of the Mishnayos (RASHI); (b) the Halachah does not follow his ruling in cases that are similar to the cases about which he taught; this implies that the Halachah follows his opinion in the exact cases that he taught (RABEINU CHANANEL, cited by TOSFOS DH Shnei Devarim)

3)[line 40]אינך לאINACH LO- in the [four] other places, the Halachah is not like him

4)[line 41]העורר על השדהHA'ORER AL HA'SADEH- a person (Reuven) who contests the ownership of a field [that was sold by Shimon to Levi. Reuven contends that the field actually belongs to him and that Shimon stole it]

5)[line 41]השניHA'SHENI- the seller

6)[line 42]והראשוןVEHA'RISHON- and the buyer

7)[line 42]עשאה סימן לאחרASA'AH SIMAN L'ACHER- (a) if the person who was in possession of the field (Shimon) used it (the contested field) to demarcate [a neighboring field that he sold] to another person (Yehudah) [and the disputant (Reuven) signed the document for the sale without protesting] (RASHI); (b) if the disputant (Reuven) [sold a neighboring field to another person (Yehudah) and] used it (the contested field) to demarcate the field that was sold, [listing the name of the person who was in possession of the field (Shimon) as the owner of the contested field] (TOSFOS DH Asa'ah on Daf 109b)

109b----------------------------------------109b

8)[line 3]אבל לעצמוAVAL L'ATZMO- (a) if [the person who was in possession of the field (Shimon) used it (the contested field) to demarcate a neighboring field that he sold] to the disputant (Reuven) himself [who did not protest the title of the disputed field] (RASHI); (b) if [the disputant (Reuven) sold a neighboring field] to the person who was in possession of the field (Shimon) himself [and used it (the contested field) to demarcate the field that was sold, listing Shimon as the owner of the contested field] (TOSFOS DH Asa'ah)

9)[line 4]לא הוה מזבין לה ניהליLO HAVAH MAZBIN LAH NIHILI- (a) he (Shimon) would not have sold it to me (Reuven) (RASHI); (b) According to the Girsa LO HAVAH ZAVIN LAH (without the word NIHILI) - he (Shimon) would not have bought it [from me (Reuven), and I needed money quickly] (TOSFOS DH Asa'ah)

10a)[line 6]למימסר מודעאL'MIMSAR MODA'A- to declare in front of witnesses (a) that I am actually contesting a field neighboring the field that I am about to buy, and I am not protesting the listing of Shimon as the owner of that field so that he will not back out of the current deal (RASHI); (b) that I am actually contesting a field neighboring the field that I am about to sell, and I am not protesting the listing of Shimon as the owner of that field so that he will not back out of the current deal (TOSFOS DH Asa'ah)

b)[line 6]מודעאMODA'A

Moda'a is a legal declaration, made in front of witnesses, that a Get, sale or testimony that a person is about to enact is going to be made under duress or under certain specific circumstances, and should not have legal consequences.

11)[line 6]חברך חברא אית ליהCHAVRACH CHAVRA IS LEI- (lit. your friend has a friend) the one who was in possession of the field (Shimon) will find out and (a) would not have sold it to him (RASHI); (b) would not have bought it from him (TOSFOS DH Asa'ah)

12)[line 12]תלם אחדTELEM ECHAD- one furrow

13)[line 15]הוה עלה ריכבא דדיקליHAVAH ALAH RICHVA D'DIKLEI- there was growing on the furrow a row of valuable, interwoven palm-trees. (That is, the Apotropus realized that even the one furrow along the border was valuable, since it had on it expensive trees. He therefore tried to find another way to win the case that would prevent the claimant from taking even that single furrow - TALMIDEI RABEINU YONAH, in the Shitah Mekubetzes.)

14)[line 20]לאפוכי בזכותא דיתמיL'APUCHEI BI'ZECHUSA D'YASMEI- to make proper and winning claims for the sake of orphans

15)[line 25]כגון שהקיפוה ארבעה בני אדםKEGON SHE'HIKIFUHA ARBA'AH BNEI ADAM- his field was surrounded by [four fields owned by] four different people. (The Gemara could just as well have said that two people owned the surrounding fields, and not four, since if more than one person owns the surrounding fields each owner can say, "Prove to me that your path is not in my field.")

16)[line 32]מהדרנא שטרא למרייהו ולא מצית לאשתעויי דינא בהדייהוMEHADRANA SHETARA L'MARAIHU, V'LO MATZIS L'ISHTA'UYEI DINA BAHADAIHU- I will return the deeds [of my fields] to their original owners, and you will not be able to extract anything from them in court

17)[line 32]מהדרנא שטרא למרייהוMEHADRANA SHETARA L'MARAIHU- I will return the document of sale to its original owner. (He does not have to actually return the field to its original owners in practice; NIMUKEI YOSEF, see Insights.)

18)[line 34]דיקלא לברתDIKLA LI'VERAS- a palm tree is to be given to my daughter

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