KESUVOS 110 (5 Sivan) - Dedicated l'Zecher Nishmas Reb Chaim Aryeh ben Aharon Stern Z'L by Shmuel Gut of Brooklyn, N.Y.

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.

[110a - 46 lines; 110b - 55 lines]

1a)[line 11]למימסר מודעאL'MIMSAR MODA'A- to declare in front of witnesses that he is only selling the field to him in order to take it as surety afterwards

b)[line 11]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.

2)[line 19]הפוכי מטרתא למה ליHAPUCHEI MATARASA LAMAH LI?- (lit. Why change leather bags of equal weight from one shoulder to the other?) Let each one hold on to what he already has

3)[line 23, 25]בשלו הן שמיןB'SHELO HEN SHAMIN / B'SHEL KOL ADAM HEN SHAMIN

(a)A person may pay his debts by transferring his ownership of a plot of land into the hands of his creditor. For this purpose, Chazal classified plots of land using three levels of quality: Ziburis (poor quality land), Beinonis (average quality land), and Idis (high quality land). Damages (Nezikin) are reimbursed with Idis. Standard loans (Halva'os) and debts (Chovos) are repaid with Beinonis. Any debt owed by an orphan and the value of a Kesuvah may be paid even with Ziburis (poor quality land). The Gemara explains the reason for these differences (Mishnah, Gitin 48b, and Gemara ibid.)

(b)According to Rav Nachman, these levels of quality are based solely on the property of the debtor. According to Rav Sheshes, they are based on the general value of properties in the entire area. For example, if a person's best parcel of land is only of average quality, it is valued as Idis according to Rav Nachman, but according to Rav Sheshes it is valued as Beinonis.

4)[line 31]שלוה זה לעשר וזה לחמשSHE'LAVAH ZEH L'ESER V'ZEH L'CHAMESH- that is, the time that the second loan became due was later than the time that the first one became due (the numbers "10" and "5" are arbitrary) - RITVA

5)[line 35]דיזיף ליומיהD'YAZIF L'YOMEI- to borrow money for just one day

6)[line 37]דיתמי מיגבא גבי אגבוייD'YASMEI MIGVA GAVI, AGVUYEI LO MAGVINAN MINAIHU- orphans can collect debts owed to their father, but Beis Din does not collect from them debts that their father owed (unless they inherited land from their father)

7a)[line 45]יהודהYEHUDAH- the land of Yehudah, consisting of the lands south of the ancient city of Antipatris, near the modern-day Rosh ha'Ayin

b)[line 45]ועבר הירדןEVER HA'YARDEN- Transjordan; the area of Eretz Yisrael to the east of the Jordan River

c)[line 45]והגלילHA'GALIL- the land of Galil, consisting of the modern-day Galil, north of Megido


8)[line 2]מנוהMI'NAVEH- from a residence

9)[line 4]שהנוה היפה בודקSHEHA'NAVEH HA'YAFAH BODEK- moving to a better residence (and style of living) penetrates (the body and causes disease)

10)[line 9]"ויברכו העם לכל האנשים המתנדבים לשבת בירושלים""VA'YEVARCHU HA'AM L'CHOL HA'ANASHIM HA'MISNADEVIM LA'SHEVES BI'YERUSHALAYIM" - "And the people blessed all those who volunteered to live in Yerushalayim." (Nechemyah 11:2) (VOLUNTEERING TO LIVE IN YERUSHALAYIM)

(a)Few people wanted to live in Yerushalayim since the cost of living in the city was so much higher than in other places (and the people were impoverished). However, it was obviously important to build up the newly-formed Yishuv, and so it became necessary to induce as many people as possible to move to Yerushalayim, albeit against their will. This they decided to do by means of lots, which would determine who had to move.

(b)Accordingly, it is clear why they blessed those who volunteered to move to Yerushalayim on their own accord.

11)[line 12]שינוי וסת תחלת חולי מעיםSHINUY VESES, TECHILAS CHOLI ME'AYIM- a change in one's regular pattern [of eating] is the beginning of bowel diseases

12)[line 13]ספר בן סיראSEFER BEN SIRA- an ancient work, part of the Apocrypha, written approximately 320 BCE. According to tradition, Ben Sira was a son of the prophet Yirmeyahu.

13)[line 16]אף לילותAF LEILOS- even the nights of a pauper are bad

14)[line 16]בשפל גגים גגו ובמרום הרים כרמוBI'SHEFAL GAGIM GAGO, UVI'MROM HARIM KARMO- his roof is the lowest of all roofs, and his vineyard is located at the top of the mountains

15)[line 18]הכל מעליןHA'KOL MA'ALIN- all of one's household (even an Eved Ivri) can be forced [by the head of the household] to move up [to Eretz Yisrael]

16)[line 19]ואין הכל מוציאיןV'EIN HA'KOL MOTZI'IN- no one can be forced to leave

17)[line 23]בקפוטקיאB'KAPOTKIYA- in Cappadocia, a district of Asia Minor

18)[line 32]עבד שברח מחוצה לארץ לארץEVED SHE'BARACH MI'CHUTZAH LA'ARETZ, LA'ARETZ- If an Eved Kena'ani flees to Eretz Yisrael, his master who lives outside of Eretz Yisrael cannot reclaim him. He must free the slave, and the slave must reimburse his former master with the value of his freedom as soon as he has his own money. The Gemara in Gitin 45a bases this law on the verse, "Lo Sasgir Eved El Adonav" (in Devarim 23:16). According to some Rishonim, if the master can sell the slave to someone else in Eretz Yisrael, he does not have to free the slave (TOSFOS DH Hachi Garsinan).

19)[line 41]שיעבודאSHIBUDA- [the place of] the obligation

20)[line 43]גוביינאGUVAINA- [the place of] collection

21)[line 47]מגבהוMAGBEHU- (lit. he makes him collect) he pays

22)[line 48]נסכאNASKA- bullion, a long bar of cast silver or gold

23)[line 49]פריטיPERITEI- Perutos, coins of little value (1 Dinar = 24 Isarin; 1 Isar = 6-8 Perutos, based on Kidushin 12a)

24)[line 53]"כי גרשוני היום מהסתפח בנחלת ה' לאמר לך עבוד אלהים אחרים""KI GERSHUNI HA'YOM ME'HISTAPE'ACH B'NACHALAS HASH-M LEIMOR LECH AVOD ELOHIM ACHERIM" - "Because they have driven me out today from being connected to the inheritance of HaSh-m, saying, 'Go and serve other gods!'" (Shmuel I 26:19) (LIKE LIVING WITHOUT G-D)

(a)David, accompanied by his captain (and nephew) Avishai ben Tzruyah (Yo'av's brother), a fugitive from Shaul, snuck into Shaul's camp while the king and the entire camp (including his captain Avner and all the guards) slept soundly. Refusing Avishai's offer to take Shaul's spear which was stuck in the ground at his head and pierce him with one stroke (because one does not lay a hand on the anointed one of HaSh-m), they took the spear and the jar of water that was placed beside it and withdrew.

(b)Leaving a respectable distance between himself and Shaul's camp, David then called to Avner and reprimanded him for failing to guard the king properly, before asking him to locate the king's spear and water-jar.

(c)Meanwhile, Shaul awoke, and - immediately identifying David's voice - asked him whether it was "his son, David." When David replied in the affirmative, he asked the king what harm he had ever done to him to deserve being constantly pursued by him. David then added that if HaSh-m had incited Shaul against him, he hoped that his prayers or the sacrifice that he would bring would appease Him. If it was people who turned Shaul against him, then may they be cursed for having "driven me out today from being connected to the inheritance of HaSh-m, saying, 'Go and serve other gods!'"

(d)David meant that since nothing deterred Shaul from pursuing him (even after he could have easily killed Shaul in the cave, where he instead merely cut off a piece of Shaul's cloak), he figured that the only option open to him, says the Metzudas David, was to leave Eretz Yisrael. Someone who leaves Eretz Yisrael falls under the jurisdiction of the heavenly power that governs the host nation, and thus it is if he was serving other gods.

(e)It is remarkable that David was concerned not with the pain, the discomfort, and the humiliation of being constantly on the run from the king, or even with the fact that his life was constantly in danger. He was more concerned with having to flee from Eretz Yisrael and thereby to leave the direct supervision of HaSh-m.

(f)Shaul admitted to having erred in constantly pursuing David. He duly apologized and urged David to return, promising that he would never chase him again. Whether he would have kept his word we do not know, because this episode is followed immediately by that of the witch of Ein Dor, Shaul's final battle against the Pelishtim and his demise.

25)[line 54]קמשתמיט מיניהHAVAH KAMISHTAMIT MINEI- was avoiding him (Rav Yehudah)