BACKGROUND TO THE DAILY DAF
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KESUVOS 104 (5 Teves) - 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.
[104a - 57 lines; 104b - 53 lines]
1) [line 1] MIDALYA - elevated
2) [line 1] U'VASIM AVIRA - and the air is pleasant (sweet)
3) [line 10] KUZA - an earthenware cup
4) [line 11] ISHTIKU ME'RACHAMEI - they stopped praying
5) [line 14] V'AHADREI L'KAR'EI LA'ACHOREI - he turned his [garment so that the] tear [in his clothes would be] behind him
6) [line 15] ER'ELIM U'METZUKIM - angels and [righteous] mortals (who are cast from earth)
7) [line 33] "[YAVO SHALOM, YANUCHU AL MISHKEVOSAM,] HOLECH NECHOCHO." - "[He enters into peace; they rest in their beds,] those who walk in the straight path." "Yeshayah 57:2
8) [line 36] MAL'ACHEI CHABALAH - angels of destruction
9) [line 38] "...L'MA'ATZEVA (YISHKAV) [TISHKAVUN]." - "[Behold, all you who kindle a fire, who surround yourselves with sparks; walk in the light of your fire, and in the sparks that you have kindled. This came to you from My hand;] you shall lie down in sorrow." (Yeshayah 50:11)
10) [line 39] "...REDAH V'HOSHKEVAH ES ARELIM." - "[Whom do you surpass in beauty?] Go down, and be laid with the uncircumcised." (Yechezkel 32:19)
11) [line 41] SHE'TA'ASEH TOVAH - that she will do good [deeds for the neighbors, at the expense of the household]
12) [line 46] L'FUM GAMLA SHICHANA - according to [the strength of] the camel is its burden; i.e. the wealthier the woman, the more good deeds she does using the money of the household
13) [line 47] MAHU SHE'TESHALESH - [according to Rebbi Meir], should she divide [her Kesuvah by 25, and deduct 1/25 of her Kesuvah for every year that she stayed in the orphans' home?
14a) [line 50] KORTOV - a measure that contains one sixty-fourth of a Log
b) [line 50] KORTOV (MEASURES OF CAPACITY : LIQUIDS)
1 Bas (Efah) = 3 Se'in
1 Se'ah = 2 Hinin
1 Hin (Tarkav) = 12 Lugin
1 Log = 4 Revi'i'os = 6 Beitzim = 64 Kortovim
1 Se'ah = 7.2, 8.29 or 14.4 liters, depending upon the differing Halachic opinions, therefore 1 Kortov = 4.6, 5.4 or 9.4 ml
15) [line 17] AMAR RAV HACHI?! - Did Rav say that?!
16a) [line 18] ISHTIKAN KA'AMART - Did you ask us [if Rav said it] in order to silence us (because you disagree)?
b) [line 18] O ASHKAYAN KA'AMART? - or did you say it with the intention to give us wine to drink (out of appreciation for learning a new Halachah in the name of Rav)?
17) [line 20] INTAS ACHUHA HAVAI - was the wife of his brother
18) [line 22] BEI NASHA - her father's household
19a) [line 25] EIMA LI EIZI - Tell me, my close friend, (MAHARSHAL to Bava Metzia 70a)
b) [line 26] GUFA D'UVDA HEICHI HAVAH? - what was the incident?
20) [line 27] B'CHAYEI D'MAR - By the life of the master (Rabah bar Shila)! (this is a term often used as an oath)
21) [line 28] DEB'CHASFAI AMTI LAH - that I brought her [food] on my shoulders [every day]
22) [line 30] KISUFA - shame, embarrassment
23) [line 32] LO ASHGACH - he did not pay attention, and did not give her money for Mezonos (sustenance) or the value of her Kesuvah
24) [line 33] ADRACHTA - a document giving permission for a creditor to seize the possessions of a debtor
25) [line 34] HEICHI DENAN - how he judged me
26) [line 37] V'ISHTEMODANA - and we recognized, it was made known to us
27) [line 38] D'MISNA INUN - belonged to the deceased
28) [line 39] TEIZIL ADRACHTA - let the Adrachta go (I will not use it in court)
29) [line 44] AHCRAYUS TA'US SOFER HU
(a) "Achrayus" is a way of insuring the purchase of land or the repayment of a debt. A person who gives or sells a field to someone else, or who signs a document of debt (this includes a Kesuvah) can guarantee the field or document by obligating himself in Achrayus. If it is determined afterwards that the seller did not have the right to sell the land (for example, if the land was stolen, or 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 are made available to the buyer to collect the value of the property that was removed from his possession. For example, if Reuven sold a field to Shimon with Achrayus, and Reuven's creditor demands and confiscates the field from Shimon, Shimon has the right to collect its value from Reuven (or from other people who bought land from Reuven after the time of Shimon's purchase). If the field was purchased without Achrayus, Shimon has no legal claim against Reuven whatsoever, and he is not compensated at all for his loss (Bava Basra 44b).
(b) There is an argument among the Tana'im as to whether a seller automatically accepts upon himself Achrayus whenever he sells a property or obligates himself to pay someone (e.g. by writing a document of debt or a Kesuvah) with a Shtar (a legal document), even if it did not state in the Shtar that he accepts upon himself Achrayus for the sale. Rebbi Yehudah states that "Achrayus Ta'us Sofer"; the sale or debt does have Achrayus and the scribe simply forgot to include it in the Shtar. Rebbi Meir rules that we follow the plain reading of the Shtar, and therefore there is no Achrayus (Bava Metzia 13b).
(c) The Gemara (ibid. 15b) concludes that even if Achrayus was not written in the Shtar, the seller is obligated in Achrayus unless he made an explicit condition to be absolved of Achrayus. With regard to a person who gives a gift, since most people do not accept Achrayus upon themselves when they give a gift, the Gemara concludes that the benefactor is not obligated in Achrayus unless he made an explicit condition that he should be obligated.
(d) The woman in our Gemara tried to compare the mistake in her Adrachta to a case where a Sofer left out Achrayus from a Shtar, since Rava rules that Ahcrayus Ta'us Sofer Hu.
30) [line 47] HANEI V'HANEI DIDEI - all of these properties (his own properties and the properties that he inherited from his brother) belong to Rebbi Chiya Aricha [and it does not matter from which she collects]
31) [line 49] UD'VA'ALAH MICHASFEI - and the property that had belonged to her husband would fall to ruin out of neglect [while in the possession of his heir, who expects to get his own property back from her, the wife of the deceased]
32) [line 49] V'AMAR LAH SHAKIL DIDACH V'HAV LI DIDI - and the heir says to her, "Take your field (the one that I inherited from your husband) and give me back my field (that has always belonged to me)."
33) [line 50] V'ASI L'AFUKEI LA'AZ AL BEI DINA - and the decision of Beis Din will be discredited [since they were not careful to provide for her properly]
*****PEREK #13 SHNEI DAYANEI*****
34) [line 52] DAYANEI GEZEIROS - judges who have the authority to make decrees regarding penalties pertaining to theft
Index to Background for Maseches Kesuvos