[3a - 30 lines; 3b - 49 lines]
1a)[line 5]משלשין בממוןMESHALSHIN B'MAMON- when false witnesses attempted to make a person liable to pay a sum of money, but were found to be Edim Zomemin, (a) Beis Din acts as a Shelish (a third party) and they divide the total penalty among the witnesses; (b) Beis Din is Meshalesh (divides into three) the sum of money among the witnesses (e.g. if there were three witnesses)
b)[line 5]ואין משלשין במלקותEIN MESHALSHIN B'MALKUS- when false witnesses tried to make a person liable to Malkus (lashes) but were found to be Edim Zomemin, (a) Beis Din does not act as a Shelish (a third party) to divide the 39 lashes among the witnesses; (b) Beis Din does not Meshalesh (divide into three) the 39 lashes among the witnesses
2)[line 9]כל כמיניה?!KOL KEMINEI?!- (lit. Is everything from him?) Does he have such power [to be believed when he admits that he testified falsely]?!
3)[line 10]כיון שהגיד, שוב אינו חוזר ומגידKEIVAN SHE'HIGID, SHUV EINO CHOZER U'MAGID- once a witness has testified, he cannot retract and testify again [about the same event]
4)[line 14]כיון דלחבריה לא מצי מחייב ליהKEIVAN DEL'CHAVREI LO MATZI MECHAYEV LEI- since he cannot cause his fellow witness to be found guilty (his testimony is not accepted in court with regard to his fellow witness, since he is only one witness - see Background to Sanhedrin 23:14)
5)[line 17]כתובתהKESUVASAH (KESUVAH / NICHSEI TZON BARZEL / NICHSEI MILUG)
(a)KESUVAH - When a man marries a woman who was a Besulah (virgin) at the time of her Kidushin, he must write her a Kesuvah document in which he promises that she will receive 200 Zuz (the value of 960 grams of silver) from him or his estate if he divorces her or dies. The Tana'im argue whether this obligation is mid'Oraisa or mid'Rabanan (Kesuvos 10a). (See Insights to Kesuvos 10:1.)
(b)When a man marries a widow or a divorcee who had once been married in the past (i.e., she was a Nesu'ah and was not just an Arusah), he must write her a Kesuvah document in which he promises that she will receive 100 Zuz from him or his estate if he divorces her or dies. Even if the woman is still a virgin, the woman is classified as a "Be'ulah" with regard to the amount of her Kesuvah because she was once married and she is not given the Kesuvah of a Besulah (Kesuvos 11a). The obligation to write a Kesuvah for a widow or divorcee is only mid'Rabanan (Kesuvos 10b; the Gemara there explains that the term for "widow," "Almanah," alludes to her Kesuvah of a "Manah," or 100 Zuz).
(c)At the time the husband writes the Kesuvah, or at any point afterwards, the husband may designate a parcel of land towards the collection of the Kesuvah. The husband may not sell the land that he designated for such a purpose as long as he is married, but he is permitted to cultivate it and collect its fruits. If the wife dies during the husband's lifetime, the husband is once again permitted to sell the land. If the husband dies during the wife's lifetime or if he divorces his wife, the wife may collect her Kesuvah by taking title of the designated land.
(d)NICHSEI TZON BARZEL / NICHSEI MILUG - A woman brings into her marriage two types of possessions, as follows:
1.Possessions that the wife owned before marriage, the values of which were estimated and written in the Kesuvah, to be returned to her in full upon divorce or the husband's death. These are called Nichsei Tzon Barzel ("Iron Flock Properties") because their value does not change between the time of marriage and the time of divorce or the husband's death.
2.Possessions that were not estimated and their values were not specified in the Kesuvah. Upon divorce or the husband's death, the property is returned as is, regardless of its appreciation or depreciation (or deterioration) over the years. These are referred to as "Nechasim ha'Nichnasin veha'Yotz'in Imah" or "Nichsei Milug" ("Properties that are Plucked"), because for the duration of the marriage the husband may take ("pluck") the produce (Peiros) of these possessions (e.g. reaping the fruit of a field, or plowing with a bull). However, he may not "use up" the property itself (e.g. by digging trenches in the field or slaughtering the bull).
6)[line 17]והלא בין היום ובין למחר, סופו ליתן לה כתובתה?!V'HALO BEIN HA'YOM U'VEIN L'MACHAR SOFO LITEN LAH KESUVASAH?!- But is it not the case that he (or his estate) eventually (lit. today or tomorrow) will pay [her the value of] her Kesuvah?!
7)[line 18]אומדיןOMDIN- they (Beis Din) estimate [the monetary value of the loss that the Edim Zomemin attempted to inflict, based upon the following:]
8a)[line 19]שאם נתאלמנה או נתגרשהSHE'IM NIS'ALMENAH O NISGARSHAH- that if she becomes a widow or a divorcee [his estate or he would have had to pay her the value of her Kesuvah]
b)[line 20]ואם מתה, יירשנה בעלהV'IM MESAH, YIRASHENAH BA'ALAH- and if she dies, her husband inherits her [and he would not have to pay the Kesuvah]
9a)[line 21]בבעלBA'BA'AL- with regard to the husband. The monetary value of the loss that the Edim Zomemin attempted to inflict is equal to the futures value of the Kesuvah to the husband. RASHI states that this is the amount for which the husband would sell his rights to the Kesuvah to a buyer who would then be entitled to collect the fruits of the land that is set aside for the payment of the Kesuvah, and would inherit that land if the wife dies first. If the husband dies first or divorces his wife, the buyer would lose his investment.
b)[line 22]באשהBA'ISHAH- with regard to the wife. The monetary value of the loss that the Edim Zomemin attempted to inflict is equal to the value of the Kesuvah minus the futures value of the Kesuvah to the wife. RASHI states that this is the amount for which the wife would sell her rights to the Kesuvah to a buyer who would then be entitled to inherit the land that is set aside for the payment of the Kesuvah if the husband dies first or divorces his wife. He would lose his investment if the wife dies first.
c)[line 23]באשה ובכתובתהBA'ISHAH UVI'CHESUVASAH- with regard to the wife and her Kesuvah. Rav Papa agrees with Rav Nasan's opinion. He adds that the Edim only compensate the husband for his loss of the Kesuvah, but not for other losses he would have incurred through the divorce. The Edim do not have to pay the husband for the losses he would have incurred through the divorce by losing his rights in his wife's Nichsei Milug (and Tzon Barzel), see above, entry #5:d.
10)[last line]שביעיתSHEVI'IS (HASHMATAS KESAFIM)
(a)The Torah requires that all loans shall be canceled every seventh year, as the verse states (Devarim 15:2), "שָׁמוֹט כָּל בַּעַל מַשֵּׁה יָדוֹ" "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 "לֹא יִגֹּשׂ אֶת רֵעֵהוּ וְאֶת אָחִיו" "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)According to the second approach in the Gemara, Shemitah does not cancel debts which have a due date after the Shemitah year (such as a ten-year loan), since the creditor is not allowed to demand repayment before the due date, and thus "Lo Yigos" (see (a) above) does not apply. Similarly, Shemitah does not cancel the debt if it can be considered to have been already collected. As such, if a loan is placed in the hands of Beis Din (see below, entry #12b:c) or if a Mashkon (collateral) is taken for the loan, it is not cancelled. The latter only applies to collateral of Metaltelin (movable goods) that are already considered to belong to the creditor. In a case where real estate was collected as collateral, the creditor does not acquire the Mashkon, since it stands to be returned. As such, Shemitah does cancel the debt, in spite of the Mashkon.
11)[line 1]"לֹא יִגֹּשׂ [אֶת רֵעֵהוּ וְאֶת אָחִיו]""LO YIGOS [ES RE'EHU V'ES ACHIV]"- "He shall not exact it [of his neighbor or of his brother]" (Devarim 15:2).
12a)[line 7]במלוה על המשכוןMILVEH AL HA'MASHKON- a loan where a Mashkon (collateral) is taken for the loan
b)[line 7]ובמוסר שטרותיו לבית דיןMOSER SHETAROSAV L'VEIS DIN - a person who hands over his loans to Beis Din [to collect; identical with Pruzbul - RASHI] (PRUZBUL)
(a)See above, entry #10: a-b.
(b)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 because of Hashmatas Kesafim. By doing so, they were transgressing an express command of the Torah not to refuse to lend money prior to Shemitah (Devarim 15:9). Hillel therefore instituted the "Pruzbul" (from the Greek "Pruz" = benefit; "Buli" = [for] the rich), effectively creating a means to avoid having Shemitah annul one's debts, as long as the borrower owns some land, even the smallest amount (Shevi'is 10:3,6).
(c)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 in his stead (Shevi'is 10:4). By doing this, the creditor will not transgress the prohibition of "Lo Yigos" 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 themselves using their power of "Hefker Beis Din Hefker" (RASHI to Kesuvos 89a DH Pruzbul, to Gitin 32b DH Mosrani and to Bava Basra 27a DH Pruzbul). A Pruzbul only allows a person to collect the loan after Shemitah if the borrower has land. It is unusual for a person to lend money to a person without land, and the Rabanan did not institute the use of Pruzbul for unusual loans (RASHI to Gitin 37a DH Ela and to 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 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 creditor's possession until they are actually collected as payment (RASHI to Bava Kama 12a DH Chal).
13)[line 24]וכל הַמַּתְנֶה על מה שכתוב בתורה, תנאו בטלKOL HA'MASNEH AL MAH SHE'KASUV BA'TORAH, TENA'O BATEL - anyone who makes a condition that contradicts the laws of the Torah, his condition is invalid (HA'MASNEH AL MAH SHE'KASUV BA'TORAH)
(a)It is possible to make a Tenai (condition) in all Kinyanim (acquisitions; the word Kinyan connotes a change of ownership or status, such as sales, gifts, Gitin, and Kidushin) or Nedarim (vows; see Background to Nedarim 2a) such that the Kinyan or Neder will not take effect unless one or both of the parties involved fulfill the specified condition. However, the Torah established that not all conditional statements are valid. Rather, the wording of the conditional statement must follow a specific formulation (Kidushin 61a).
(b)It is debated among the Tana'im and Amora'im if it is possible to alter a Halachic effect that the Torah or the Rabanan describe, through a Tenai. In the case of the Mishnah in Bava Basra 126b, the Torah states that a man's sons inherit him when he dies. When the man himself states that he does not want one of his sons to inherit his property, he is attempting to contravene a law in the Torah.
(c)Rebbi Yehudah (ibid.) maintains that although a stipulation that conflicts with the laws of the Torah does not take effect, it does take effect with regard to a monetary matter (and the rule that it does not take effect applies only with regard to an Isur, such as a person who states that he is a Nazir on condition that he is permitted to become Tamei with Tum'as Mes).
14a)[line 26]על מנת שאין לך עלי אונאהAL MENAS SHE'EIN L'CHA ALAI ONA'AH- on the condition that you have no claims against me [with regard to the Halachos] of Ona'ah (see next entry), i.e. that you forgo the right to any monetary claim against me if the sale results in Ona'ah
b)[line 27]אונאהONA'AH - business fraud
According to the laws of Ona'ah, if a person sells an item for one sixth more than its market value without the purchaser's knowledge, the transaction is valid, but the seller must return the excess profit to the purchaser. If the profit is less than one sixth more than the market value, nothing is returned. If the profit is more than one sixth, the sale is invalid even if the profit is returned.
c)[line 31]על מנת שאין בו אונאהAL MENAS SHE'EIN BO ONA'AH- (a) on the condition that there is not Ona'ah in this sale (RASHI); (b) on the condition that the laws of Ona'ah do not apply to this sale (TOSFOS)
15a)[line 31]על מנת שלא תשמטני בשביעיתAL MENAS SHE'LO TISHMETENI BI'SHEVI'IS- on the condition that you do not cause your loan to be cancelled by the Shevi'is year
b)[line 32]על מנת שלא תשמטני שביעיתAL MENAS SHE'LO TISHMETENI SHEVI'IS- on the condition that the Shevi'is year will not cancel this loan
16)[line 35]בצירBATZIR- less
17)[line 36]חביביCHAVIVI- (lit. my beloved one) Rebbi Chiya, Rav's uncle. Rav's father Aibo was Rebbi Chiya's paternal brother. Aibo and Rebbi Chiya did not have the same mother. Aibo married Rebbi Chiya's maternal sister, and as such, Rav was the son of Rebbi Chiya's paternal brother and maternal sister (Sanhedrin 5a)
18a)[line 38]לא תיתיב! אכרעיך!LO SEISIV! A'KAR'ACH!- Do not sit down, [but rather stand] on your feet! (TOSFOS to Nazir 24b DH Amar)
b)[line 39]עד דמפרשת לה להא שמעתאAD DI'MEFARSHAS LAH L'HA SHEMA'ATA- until you explain this teaching
19)[line 41]"[הִשָּׁמֶר לְךָ פֶּן יִהְיֶה דָבָר עִם לְבָבְךָ בְלִיַּעַל לֵאמֹר] קָרְבָה שְׁנַת הַשֶּׁבַע שְׁנַת הַשְּׁמִטָּה [וְרָעָה עֵינְךָ בְּאָחִיךָ הָאֶבְיוֹן וְלֹא תִתֵּן לוֹ...]""[HISHAMER LECHA PEN YIHEYEH DAVAR IM LEVAVCHA VELIYA'AL LEIMOR,] 'KARVAH SHENAS HA'SHEVA, SHENAS HA'SHEMITAH,' [V'RA'AH EINCHA B'ACHICHA HA'EVYON V'LO SITEN LO...]"- "[Beware of yourself lest there be a base thought in your heart saying,] 'The seventh year is near, the year of Shemitah,' [and you will look upon your needy brother with an evil eye and you will not give him [a loan]...]" (Devarim 15:9).
20)[line 44]שלשים יום בשנה חשוב שנהSHELOSHIM YOM BA'SHANAH CHASHUV SHANAH- the passage of the first thirty days of a year is compared to the passage of a full year with regard to certain Halachos
21)[line 45]הפותח בית הצואר בשבתHA'POSE'ACH BEIS HA'TZAVAR B'SHABBOS- one who makes (lit. opens) a neck hole in a garment on Shabbos. According to RASHI, he transgresses the Melachah of Makeh b'Fatish ("the final hammer blow" - see Background to Shabbos 73:6:38)
22)[line 45]למגופת חביתMEGUFAS CHAVIS- the cover of a barrel (that is attached to the barrel with mortar)
23)[line 46]שלשת לוגין מיםSHELOSHES LUGIN MAYIM (MAYIM SHE'UVIN)
Drawn water is called Mayim She'uvin. Only water that never entered a vessel (non-drawn water) may be used to fill a Mikvah. (Once there are already 40 Se'in of non-drawn water in the Mikvah, drawn water may be added. However, if before there are 40 Se'ah in the Mikvah, three Lugin of drawn water fall into it, they render the Mikvah invalid.)
24)[line 46]קורטוב של ייןKORTOV SHEL YAYIN- a Kortov of wine (LIQUID MEASURES)
25)[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.
26)[line 47]מי צבעMEI TZEVA- colored water
27a)[line 48]מיא דצבעא מקריMAYA D'TZIV'A MIKRI- it is called "colored water"
b)[line 48]חמרא מזיגא מקריCHAMRA MEZIGA MIKRI- it is called "diluted wine"
28)[last line]הורידו את המקוהHORIDU ES HA'MIKVAH- they lowered the Mikvah from its status; i.e. the declared the Mikvah invalid