[49a - 16 lines; 49b - 13 lines]

1)[line 1] MODA'AH HAYU DEVAREINU- we signed the document after the seller (or husband in the case of a Get) announced to us that the impending sale (or Get) would be made under duress and should not take legal effect, and after he convinced us of his words.

2)[line 7] , ZEH NITAN LIKASEV, V'ZEH LO NITAN LIKASEV- (lit. this one (the Shtar Moda'a - see previous entry) may be written, while this one (the Shtar Amanah) may not be written) A Shtar Amanah is called an "Avlah," "iniquity," since the document was written and signed before any loan took place; the creditor intended to use this document in the future. It is prohibited to keep a Shtar Amanah because it could cause the creditor to collect money that he never lent, and the verse states, " , " "Im Aven b'Yadcha Harchikehu, v'Al Tashken b'Ohalecha Avlah" - "If wickedness is in your hand, put it far away, and let not iniquity dwell in your tents." (Iyov 11:14)

3)[line 9] IS LEI L'FEIRA - he is entitled to eat (lit. he has) the fruits (PEIROS NICHSEI MILUG)

(a)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, whether the possessions appreciate or depreciate. 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 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 an ox). However, he may not "use up" the property itself (e.g. by digging trenches in the field or slaughtering the ox).

(b)The Rabanan enacted that the husband receive the Peiros of the Nichsei Milug in exchange for his obligation to redeem her if she is captured (Kesuvos 47b).

4)[last line] V'ODAH ARUSAH (EIRUSIN / NISU'IN)

For a discussion of the entire process of the Jewish marriage, see Background to Kidushin 2:1. The two major stages of marriage are:

1.EIRUSIN - betrothal, the stage of marriage known as "Eirusin" in the Torah (Devarim 22:23), that was given the name "Kidushin" by the Rabanan to denote that through this act, the husband prohibits the wife to the entire world, just as Hekdesh (a sanctified object) is prohibited for ordinary use (Kidushin 2b; see also Tosfos to Kidushin 7a DH v'Nifshetu and Background to Kidushin 2:1:II:b).

2.NISU'IN - the stage of completion of the marriage, in general connoting that the husband brings his wife into his house (see Background to Kidushin 2:1:II:c).

49b----------------------------------------49b

5a)[line 1] NACHALAH HA'BA'AH LO L'ADAM MI'MAKOM ACHER- an inheritance that a person stands to receive in the future, that was not coming to him because of the laws of the Torah, e.g. an inheritance mid'Rabanan (RASHBAM)

b)[line 1] ADAM MASNEH ALEHA SHE'LO YIRASHENAH- a person may stipulate that he will not inherit it

6)[line 3] , IY EFSHI B'TAKANAS CHACHAMIM, KEGON ZOS- I do not desire [to invoke] the enactment of the Rabanan - like this one

7)[line 6]" ""EINI NIZONES V'EINI OSAH" - "I will not take my allowance and I will not hand over my earned income" (MEZONOS)

(a)As long as they are married, a husband must provide his wife with Mezonos (sustenance). According to some Tana'im, this obligation is mid'Oraisa and is learned from the verse "... " "She'erah... Lo Yigra" (Shemos 21:10). Other Tana'im maintain that the obligation to provide one's wife with Mezonos is only mid'Rabanan. It is one of the Tena'ei Kesuvah (stipulations of the Jewish marriage contract) which are imposed by Beis Din upon every Jewish man and wife (Kesuvos 47b).

(b)According to those who maintain that Mezonos is a Rabbinic institution, the Rabanan established a pair of reciprocal institutions throughout the duration of a marriage: The husband must supply his wife with Mezonos, and the wife must give her husband any profits she receives from her handiwork. The Amora'im differ over what the main point of these institutions was. Was the main point of the Rabanan to benefit the husband, by giving him his wife's handiwork, and the Rabanan instituted that he must provide his wife with sustenance as compensation? Or is the opposite true: the main point of the Rabanan was to benefit the wife, by having the husband provide her with sustenance, and the Rabanan gave the husband his wife's handiwork as compensation (ibid. 58b).

(c)According to Rav Huna who quotes the opinion of Rav (Kesuvos 58b), the latter is true: the main point of the Rabanan was to benefit the wife, by providing her with Mezonos. Therefore, he ruled that it is the wife's prerogative to forego her rights to Mezonos, and thereby exempt herself from the obligation to provide her husband with the profits of her handiwork. That is, she may forego the Rabbinic institution of Mezonos and keep her profits for herself.

8)[line 7] HA RE'AYAH YESH- [the Mishnah states that a Chezkas Shalosh Shanim does not help a husband prove his claim that he bought land from his wife. It may, however, be inferred that] there is a Re'ayah, a proof, [that does help him prove his claim. The Re'ayah may be the testimony of witnesses or a document that attests to his claim.]

9)[line 8] LAKACH MIN HA'ISH V'CHAZAR V'LAKACH MIN HA'ISHAH- one who bought a piece of land from a husband, and subsequently paid the wife a minimal amount so that she does not collect the value of her Kesuvah from that specific piece of land, should her husband divorce her or die before her

10)[last line], ACHAS, SHE'KASAV LAH BI'CHESUVASAH- one field is that which he specified in her Kesuvah that she should collect the value of her Kesuvah from it

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