[168a - 42 lines; 168b - 31 lines]

1)[line 1]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]

2)[line 1]צורבא מרבנןTZURBA ME'RABANAN- a young Torah scholar

3)[line 2]לאו אורחיה למידקLAV URCHEI L'MEIDAK- it is not his manner to check [to see what a woman looks like]

4)[line 4]איבראIVRA- indeed, in truth

5)[line 4]אנת הותANT HAVAS- it was you

6)[line 7]דאזיל לקדושי איתתאD'AZIL L'KEDUSHEI ITESA- who is going to betroth a woman

7)[line 7]נידבר עם הארץ בהדיהNIDBAR AM HA'ARETZ BA'HADEI- he should lead an Am ha'Aretz (an unlearned Jew who is lax in his Torah-observance; see Berachos 47b) with him

8)[line 8]דלמא מחלפו לה מיניהDILMA MECHALFU LAH MINEI- lest they exchange her [for another woman] from him

9)[line 10]והאידנאVEHA'IDNA- and nowadays

10)[line 10]שדיוהוSHADYUHU- they place it (the obligation to pay for the writing of the Get)

11)[line 11]דלא לשהייהD'LO LISHEHAYEI- so that he not delay it (the giving of the Get)

12)[line 13]בעיסקאB'ISKA - [the Mishnah is dealing] with an investment arrangement of an "Iska" (ISKA)

(a)When two people embark upon an Iska (a business deal) in which one of them provides merchandise or money and the other deals with the sales aspect, it is prohibited to divide the profits equally. Half of the merchandise is considered to be a loan and the other half to be a Pikadon. As such, the salesman must receive an extra payment for his efforts, or else his efforts with regard to the Pikadon of the owner will be considered Ribis in exchange for receiving the loan.

(b)Our Gemara teaches that in such an arrangement, even though the lender of the money gains (if the investment is profitable), nevertheless, the borrower is the one who must pay the fee to the scribe for writing the Shtar.

13)[line 15]מפני רעתהMIPENEI RA'ASAH- because of its inferior state

14)[line 17]דניחא ליה לחמוה לקרוביהD'NICHA LEI L'CHAMUHA L'KEROVEI- for it is pleasing for his father-in-law to have him (the Talmid Chacham) as part of his family

15)[line 19]בבורהB'VORAH- [the Mishnah is dealing] with a fallow field

16)[line 21]הכא תרגימוHACHA TARGIMU- here (in Bavel) they translate it as...

17)[line 21]שטרי טענתאSHTAREI TA'ANASA- documents in which the claims of each litigant are recorded (so that the litigants cannot change their claims in the middle of the case)

18)[line 22]בוררBORER- selects

19)[line 25]בכופין על מדת סדוםB'CHOFIN AL MIDAS SEDOM - [they are arguing] about whether we may force one not to act in the ways of the people of Sedom (KOFIN AL MIDAS SEDOM)

Midas Sedom means not wanting others to benefit from one's possessions even when it will not cause the owner any loss. (The expression originates with the people of the town of Sedom. Sedom had a most plentiful, fertile land that incurred no loss when others came to benefit from it, however, they let no outsiders benefit from their land, even enacting laws and inflicting bodily torture to keep strangers away.)

20)[line 28]דתהוי זכותך גבי זכותיD'TEHAVEI ZECHUSACH GABEI ZECHUSI- that your claims of entitlement should be near my claims of entitlement

21)[line 28]דדמית עלאי כי אריא ארבאD'DAMYAS ALAI KI ARYA ARBA- for you are akin to me like a lion waiting in ambush (whenever you read your document and see my claims, you will be reminded of your quarrel and come to me and argue - RASHBAM)

22)[line 30]והשליש את שטרוV'HISHLISH ES SHETARO- he gave his document of debt to a third party

23)[line 34]אסמכתאASMACHTA

(a)Asmachta refers to "reliance" upon a particular eventuality or a conditional [monetary] obligation which the party or parties involved undertake without full commitment. The reason that the party involved does not commit himself fully is because his obligation is contingent upon the fulfillment of a condition that he anticipates will not be fulfilled. (An example of this is when gamblers place wagers, where neither of them expects to lose the wager.)

(b)The Tana'im in our Mishnah, Rebbi Yosi and Rebbi Yehudah, argue as to whether such a commitment is binding or not.

24)[line 39]אני, מה אעשהANI, MAH E'ESEH- I, what can I do? (Since Rebbi Yochanan ruled like Rebbi Yosi that an Asmachta is a binding commitment, I cannot argue against him.)

168b----------------------------------------168b

25)[line 2]במותב תלתא הוינאB'MOSAV TELASA HAVEINA- we were sitting three together (as a proper session of Beis Din)

26)[line 5]הוזקקנוHUZKAKNU- we probed [the testimony of the witnesses]

27)[line 6]מכוונתMECHUVENES- [the testimony of each witness] conformed exactly [with the other's testimony]

28)[line 7]נקרעNIKRA- it was ripped [by someone]

29)[line 7]נתקרעNISKARA- it became ripped [by itself]

30)[line 8]נטשטשNETASHTESH- it was smeared

31)[line 8]רישומו ניכרRISHUMO NIKAR- the letters are still recognizable

32)[line 9]ה"ד =היכי דמיHEICHI DAMI- what is the case?

33)[line 13]התורףTOREF- the main part of the Shtar Chov, which includes the names of the Malveh and the Loveh, the time and the amount of the loan

34)[line 13]שתי וערבSHESI VA'EREV- lengthwise and widthwise

35)[line 13]ערבאיARVA'EI- Arabs (see RABEINU GERSHOM who explains that they were mercenaries whom the king permitted to stay in his land after the battle)

36)[line 14]אנסי ארעתא דאינשיANSEI AR'ASA D'INSHI- they were taking by force the lands of other people

37)[line 15]מרוותיהוMARVASAIHU- their owners

38)[line 16]ליחזיLICHZEI- look at

39)[line 17]מיתניסMISNEIS- [if] it is taken by force

40)[line 17]נקיטינןNAKITINAN- we will be holding

41)[line 20]והדר טריףV'HADAR TARIF- and then collect again [with the second Shtar]

42)[line 20]טרדיTARDI- they were bothering him

43)[line 25]מי קאמינא שטרא מעליא?MI KA'AMINA SHETARA MA'ALYA?- Did I say [to write] a proper Shtar [and then erase it]?

44)[last line]האחריותACHRAYUS

"Achrayus" is a way of insuring the purchase of land or the repayment of a debt. A person who sells a field or gives it as a gift to someone else can guarantee the field by obligating himself in Achrayus. If it is determined afterwards that the seller of the giver of the gift did not have the right to sell or give the land (for example, 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 or giver are made available to the buyer to collect the value of the property that was removed from his possession. If the field was purchased without Achrayus, the buyer has no legal claim against the seller, and he is not compensated at all for his loss (Bava Basra 44b).

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