[9a - 36 lines; 9b - 38 lines]
1)[line 1]òñé÷éïASIKIN- those who claim that the field rightfully belongs to them
2)[line 1]òã ùìà äçæé÷ áäAD SHE'LO HECHZIK BAH- until he a) performs a Kinyan Chazakah (or, presumably, any other Kinyan such as Kesef or Shtar) (RASHI); b) performs the specific action described below (TOSFOS DH mishe'Hichzik; see below, entry #4)
3)[line 2]ìçæåø áåLA'CHZOR BO- to back out of the sale
4)[line 3]çééúà ã÷èøé ñáøú å÷áìúCHAYESA D'KITREI SAVRAS V'KIBALT- you agreed to accept a) a small tied-up pouch [that in the end contained nothing but air] (RASHI); b) a small pouch tied in knots [indicating that valuables were within, but which really was empty] (RABEINU YEHONASAN cited in SHITAH MEKUBETZES, RASHI to Kesuvos 93a); c) a [full] skin that was tied [that may have contained wine, oil, or water, and turned out to contain water] (RABEINU CHANANEL); i.e., you risked your money and lost it
5)[line 4]îëé ãééù àîöøéMI'CHI DAYISH A'MITZREI- from when he a) walks along the boundaries of the field [to inspect it] (TOSFOS DH mishe'Hichzik, RASHI as cited by the SHITAH MEKUBETZES to Kesuvos 93a); b) strengthens and raises the boundaries of the field (RASHI to Bava Metzia 14b, RASHBAM to Bava Basra 100a); c) removes the boundary markings of the field [thereby incorporating it into his own fields, in the event that his other fields border this one] (RIF cited by the HAGAHOS HA'GRA, RAN to Kesuvos 93a; see CHIDUSHEI ANSHEI SHEM ibid.)
6)[line 5]àáì áàçøéåú ìàAVAL B'ACHRAYUS LO- but if he accepted Achrayus then [he may] not [refuse to return the field after the stage of "Dayish a'Mitzrei" has passed]
7)[line 6]àçåé èéøôê åàùìí ìêACHAVI TIRPACH VA'ASHALEM LACH- show me the document in which Beis Din affirms that the property was legally seized and I will then pay you
8)[line 7]øá äåðà àîø àå ëñó àå îéèáRAV HUNA AMAR, O KESEF O MEITAV- RASHI explains that Rav Huna is offering another answer to the contradiction posed by Abaye (7a) between "Meitav" and "Shaveh Kesef." The reason why the Gemara waited until this point was to finish discussing the Machlokes between Rebbi Yishmael and Rebbi Akiva and related topics. See Insights 1 and 2.
9)[line 9]"éùéá" ìøáåú ùåä ëñó àôéìå ñåáéï"YASHIV" L'RABOS SHAVEH KESEF AFILU SUBIN- see Background to 7:9-11
10)[line 10]áãìéú ìéäBED'LEIS LEI- when he has no [money or superior-quality land]
11)[line 11]æéì, èøç, æáéï, åàééúé ìéä ëñóZIL, TERACH, ZEVIN, V'AISI LEI KESEF- go, take whatever steps that are necessary, sell [the Shaveh Kesef], and bring money to him
12)[line 13]ìîàé äìëúà?L'MAI HILCHESA?- for what Halachic purpose [did Rav Asi rule that money is equivalent to land]?
13)[line 15]çì÷åCHALKU- divided [their father's inheritance]
14)[line 16]àæéì äàé åù÷éì ôìâà áëñôéí áäãéäAZIL HAI V'SHAKIL PALGA BI'CHESAFIM BA'HADEI- that [brother who lost his inheritance] may go and take half of the money along with [his brother]
15)[line 17]äàé áøà, åäàé ìàå áøà?HAI BRA, V'HAI LAV BRA?- is this one a son, and that one not a son?
16)[line 18]àãøáä! ìàéãê âéñàADERABAH! L'IDACH GISA- on the contrary! [The problem with this interpretation of Rav Asi's ruling lies] in the opposite direction
17)[line 19]ìäëéL'HACHI- it was for this reason
18)[line 19]ãàé îâðáé ìà îùúìîðà îéðêD'IY MIGNEVEI LO MISHTALAMNA MINACH- that if they would be stolen I would not be reimbursed from you[r land]
19)[line 21]îèøôàMITREFA- seized as payment
20)[line 21]îéãé îéðàéMIDI MINA'I- anything from you[r money]
21)[line 22]çì÷åCHALKU- divided [their father's inheritance such that both received land]
22)[line 23]åäà àîøä øá àñé çãà æéîðà!V'HA AMARAH RAV ASI CHADA ZIMNA!- but Rav Asi has already taught this Halachah once before [and there is therefore no need for him to do so again]!
23)[line 25]áèìä îçìå÷úBATLAH HA'MACHLOKES- the division is null [and they must re-divide the inheritance as if it has never been divided]
24)[line 26]åéúøVITER- [the one who lost his inheritance] has given up [his rights to receive any more]
25)[line 26]ðåèì øáéò á÷ø÷ò åøáéò áîòåúNOTEL REVI'A B'KARKA U'REVI'A B'MA'OS- a) he may take a quarter [of his brother's half of the inheritance] either in money or in land (RASHI, first explanation); b) he may take [half of his brother's half of the inheritance] one quarter in money and one quarter in land (RASHI, second explanation; see also TOSFOS DH v'Rav and DH Rav)
26)[line 28]àçéí ùçì÷å ëéåøùéí / ì÷åçåú äååHA'ACHIN SHE'CHALKU K'YORSHIM / LEKUCHOS HAVU - whether brothers who divide an inheritance are as inheritors or purchasers
(a)When one dies, his estate is divided among his sons. Amora'im disagree as to whether the way in which the estate is divided retroactively determines each brother's true inheritance ("Yorshin Havu"), or if the division is akin to a trade agreement in which each inheritor buys out the other's share of the inheritance ("Lekuchos Havu"). This disagreement is dependent upon that of Yesh Bereirah versus Ein Bereirah (see Background to Gitin 47:55), since the mechanism of Bereirah would allow us to view the inheritance as having retroactively belonged to each inheritor from the time that it fell to him.
27)[line 32]àé ëì÷åçåú ãîåIY K'LEKUCHOS DAMU- or if they are as purchasers [a) without Achrayus (RASHI, first explanation); b) with Achrayus (RASHI, second explanation; TOSFOS DH Rav)]
28)[line 35]àéîà, "åëï àîø øá àñé"EIMA, "V'CHEN AMAR RAV ASI"- [rather than citing Rav Asi as if he pronounced a novel ruling] say, "And Rav Asi said similarly [to Rav Huna]"
29)[last line]áîöåä òã ùìéùB'MITZVAH AD SHLISH- one must spend one-third for a Mitzvah. The Gemara goes on to clarify this Halachah. This topic is discussed here presumably because it discusses how one should spend money on Mitzvos in general, after discussing how one fulfills the Mitzvos of paying those to whom he owes money.
9b----------------------------------------9b
30)[line 1]ùìéù áéúåSHLISH BEISO- a third of all of his assets
31a)[line 1]àé àéúøîé ìéä úìúà îöåúàIY ISRAMI LEI TELASA MITZVASA- if the opportunity for him to fulfill three Mitzvos arises
b)[line 2]ìéúéá ìëåìéä áéúéä?LEISIV L'CHULEI BEISEI?- must he spend all of his assets? (Even if he must only spend one third of what remains after his expenditure on the previous one(s), this is still equal to more than 70% of his assets and it is clear to our Gemara that this is more than he is obligated in; TOSFOS DH Ilu.)
32)[line 3]áäéãåø îöåä òã ùìéù áîöåäB'HIDUR MITZVAH AD SHELISH B'MITZVAH - one should beautify a Mitzvah for up to one-third of the Mitzvah (HIDUR MITZVAH: COST)
(a)Following the splitting of the Yam Suf, Klal Yisrael sang, "Zeh Keli v'Anvehu" - "This is my G-d and I shall glorify him." Chazal derive from this verse that one should beautify Mitzvos that he performs (Hidur Mitzvah). Applications of this concept include hanging decorations in a Sukah, purchasing a Sefer Torah whose calligraphy is uniform and pleasing to the eye and whose parchment is of high quality, and purchasing an especially beautiful Lulav and Esrog for the Mitzvah of Arba Minim.
(b)Our Gemara teaches that one must spend up to an additional third of the cost of the Mitzvah itself in order to fulfill the Mitzvah of Hidur Mitzvah.
33a)[line 4]ùìéù îìâéåSHELISH MIL'GAV- lit. an internal third; i.e., an additional 33%
b)[line 4]ùìéù îìáøSHELISH MIL'VAR- lit. an external third; i.e., an additional 50% (which is equal to a third of the ensuing total)
34)[line 5]úé÷åTEIKU - An Unanswered Question
(a)The Gemara often leaves a question unanswered with the word "Teiku." The PRI MEGADIM (Igeres preceding his introduction to Orach Chaim, #9) cites three explanations for this term:
1.[this question shall remain] sealed in its container (ARUCH, Erech Tik)
2.let [the question] stand ("Tehei Ka'I"; MUSAF HA'ARUCH)
3.Tishbi Yetaretz Kushyos v'Ibayos - Eliyahu ha'Navi will answer difficulties and questions (TOSFOS YOM TOV, end of Eduyos)
35)[line 5]îòøáàMA'ARAVA- lit. the West, this is the way to which Eretz Yisrael was referred to in Bavel
36a)[line 6]òã ùìéù îùìåAD SHLISH MI'SHELO- [spending] until an additional third is his [responsibility]
b)[line 6]îëàï åàéìê îùì ä÷á"äMI'KAN VA'EILACH MI'SHEL HA'KADOSH BARUCH HU- from that point on it is up to HaSh-m [to a) repay him (RASHI); b) give him reward not only in the next world but also in this one (TOSFOS DH mi'Shel); c) to give him enough wealth that he is able to afford to spend more than a third on Hidur Mitzvah (RABEINU CHANANEL in his second explanation, RA'AVAD cited in the SHITA MEKUBETZES to Sukah 11b)] (see Insights)
37a)[line 7]ëì ùçáúé áùîéøúåKOL SHE'CHAVTI BI'SHEMIRASO- anything that I have become obligated to guard
b)[line 8]äëùøúé àú ðæ÷åHICHSHARTI ES NIZKO- [if it does cause damage] a) it is considered as though I enabled that damage to occur; b) it is my responsibility to make reparations
38a)[line 8]äëùøúé áî÷öú ðæ÷åHICHSHARTI B'MIKTZAS NIZKO- if I have enabled a part of its damage to occur
b)[line 9]çáúé áúùìåîé ðæ÷å ëäëùø ëì ðæ÷åCHAVTI B'SASHLUMEI NIZKO K'HECHSHER KOL NIZKO- I am responsible to make restitution as if I enabled all of its damage to occur (the Gemara (10a-b) details the case to which our Mishnah is referring)
39)[line 9]ðëñéí ùàéï áäï îòéìäNECHASIM SHE'EIN BA'HEM ME'ILAH - properties for which [the penalty against] deriving benefit from that which is consecrated for use in the Beis ha'Mikdash would not apply (ME'ILAH)
(a)One may not derive any personal benefit from Hekdesh (that which is consecrated for use in the Beis ha'Mikdash) (Devarim 12:17). The minimum benefit one must derive in order to transgress this prohibition is that equal to the value of a Perutah (the smallest coin in circulation at the time of the Gemara).
(b)One who transgresses this prohibition intentionally receives Malkus (lashes). (This is the majority opinion; according to Rebbi, he is liable to receive Misah b'Yedei Shamayim - see Background to Yevamos 8:31). In addition, he must reimburse Hekdesh for the benefit which he received. The object itself remains Hekdesh.
(c)If one benefited from Hekdesh unintentionally, he must offer a ram worth a minimum of two Sela'im as an Asham Me'ilah (see Background to 55:23). He must then reimburse Hekdesh for the value of his benefit and add an additional fifth (of the ensuing total, equal to a quarter of the original value). The object then loses its Kedushah. This is true only of an object that has the status of Kedushas Damim (it itself is not useable by Hekdesh, but rather its value is consecrated to Hekdesh). An object with the status of Kedushas ha'Guf (an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash or live animals pledged to be offered as certain Korbanos) does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).)
(d)Our Mishnah lists those types of items for which one is responsible for damaging. The first is those to which Me'ilah does not apply; i.e., those that belong to private individuals (see also Gemara to 12b-13a). One is not responsible to pay for damage caused to items belonging to Hekdesh, since the Torah specifies that one must pay if his ox gores the ox of his fellow (Shemos 21:35; see 6a and RASHI and TOSFOS DH Shor ibid.).
40)[line 10]áðé áøéúBNEI BRIS- lit. members of the covenant; Jews
41)[line 11]äîéåçãéíHA'MEYUCHADIM- that have an owner (see 13b)
42)[line 11]åáëì î÷åíUV'CHOL MAKOM- and [one is responsible to pay for the aforementioned types of items when they are damaged] anywhere
43)[line 16]îñøïMESARAN- he handed them over [to be guarded]
44a)[line 16]çøùCHERESH- a deaf mute
b)[line 16]ùåèäSHOTEH- lit. a fool; one who is deranged (see Background to Gitin 70:66 for more specific parameters of a Shoteh)
45)[line 18]÷ùåøKASHUR- tied-up
46)[line 19]âçìúGACHELES- a coal [that will not transfer fire unless it is fanned into flames]
47)[line 20]îåúøMUTAR- untied
48)[line 21]ùìäáúSHALHEVES- a flame
49)[line 22]ìà ùðåLO SHANU- we did not learn [that one is exempt from responsibility if he handed fire to a Cheresh, Shoteh, or Katan]
50)[line 23]ìéáäLIBAH- he fanned it [into a flame]
51)[line 24]áøé äæé÷àBARI HEZEIKA- it is clear that it is ready to cause damage
52a)[line 26]ùåø ãøëéä ìðúå÷éSHOR DARCHEI LINTUKEI- a [tied-up] ox will become untied [a) on its own (RASHI); b) through the actions of the Cheresh, Shoteh, or Katan set to guard it (TOSFOS DH Shor)]
b)[line 27]áåø ãøëéä ìðúåøéBOR DARCHEI LINTUREI- a [covered] pit will become uncovered [a) on its own (RASHI); b) through the actions of the Cheresh, Shoteh, or Katan set to guard it (TOSFOS DH Shor)] See Insights.
53)[line 27]ëîä ãùáé÷ ìä, îòîéà òîéà åàæìàKAMAH D'SHAVIK LAH, ME'AMYA AMYA V'AZLA- as long as it is left alone, it gradually goes out
54)[line 31]öáúà ãçøù ÷à âøéíTZAVSA D'CHERESH KA GARIM- a) it was the grasp of the Cheresh [who brought the flame to what was incinerated] that caused [the fire to do damage] (a "Tzeves" is a pair of tongs); b) according to the Girsa TZAVSA (with two 'Vav's instead of the 'Veis') - it was the company of the Cheresh [who brought the flame to what was incinerated] that caused [the fire to do damage]
55)[line 34]ëåôø... ùìùéí ùì òáãKOFER... SHELOSHIM SHEL EVED - Payments Made by one whose Animal Killed Another
(a)An animal that kills a person is put to death by stoning. The owner of the animal is not obligated in any other form of restitution, but he may not receive any benefit from his animal once the death sentence has been issued (Shemos 21:28; Sanhedrin 2a).
(b)If the animal had killed before, however, and its owner had been informed and duly warned to guard his animal after each time, then the ox is termed a Mu'ad. If a Mu'ad kills a person, then his owner is liable to Misah b'Yedei Shamayim (death delivered through natural means; see Background to Yevamos 3:27). He may, however, redeem himself by paying "Kofer" to the children or heirs of the dead man (Shemos 21:29-30). The amount paid as Kofer is either his own value or the value of the dead man, depending upon the various opinions of the Tana'im (Makos 2b). If a Mu'ad kills a Nochri slave, then the Kofer is set by the Torah at thirty Sela'im, and it is paid to the slave's owner (Shemos 21:32).
(c)The Tana'im disagree as to how many times an animal must kill before it is termed a Mu'ad. Rebbi is of the opinion that it is so after it has killed twice, whereas Raban Shimon Ben Gamliel maintains that it becomes a Mu'ad only after it has killed three times (see, for example, Yevamos 64b).
56)[line 35]ðâîø ãéðå àñåø áäðàäNIGMAR DINO, ASUR B'HANA'AH - once it is convicted, it becomes forbidden in all benefit (SHOR HA'NISKAL)
(a)The term "Shor ha'Niskal" - lit. an ox that is stoned - may refer to any animal or bird that is determined by Beis Din to deserve stoning. The owner of a Shor ha'Niskal may not receive any benefit from his animal once the death sentence has been issued (Nigmar Dino).
(b)One categories of Shor ha'Niskal is an animal that killed a person while observed by two witnesses (Shemos 21:28-31; Sanhedrin 2a).
57)[line 37]úçéìú òùééúå ìðæ÷TECHILAS ASIYASO L'NEZEK- it is a liability to cause damage from [when it is] first [placed in a public domain]
58)[last line]îåòã îúçéìúåMU'AD MI'TECHILASO- it is a Mu'ad (see above, entry #55) from its inception [and one must therefore always pay for damages it causes in full]