[33a - 20 lines; 33b - 27 lines]
1)[line 1]זוזי אחריני גביהZUZEI ACHRINA GABEI- other money in his possession; i.e., he owed me money aside from that which was covered by the Mashkanta
2)[line 1]ואכלתה שני משכנתאACHALTAH SHNEI MASHKANTA- I profited from it for the full number of years specified in the Mashkanta
3)[line 2]אמינאAMINA- I said [to myself]
4)[line 2]מהדרנאMEHADRANA- I return
5)[line 4]הבא ליפרע מנכסי יתומים לא יפרע אלא בשבועהHA'BA LIPARA MI'NICHSEI YESOMIM LO YIPARA ELA BI'SHEVU'AH - One Who Wishes to Collect a Debt from the Estate of Orphans may Not do so Without Taking an Oath
The Chachamim instituted that a creditor who wishes to collect a loan from the heirs (Yesomim) of a deceased debtor must first take an oath attesting to the fact that the debt had not yet been repaid. The reason for this is that we are concerned that their father repaid the loan prior to his death without telling his sons, and the creditor wishes to collect twice. Tana'im disagree as to whether this oath applies in all such cases, or only when the Yesomim are minors (Mishnah, Kesuvos 93b; see RASHI there).
6)[line 5]אכבשיה לשטר משכנתאACHBESHEI LI'SHTAR MASHKANTA- I will hide the document in which the Mashkanta is detailed [so that it will no longer be obvious that it is in my possession for reasons other than ownership]
7)[line 6]דאי בעינאIY BA'INA- if I wanted [at this point]
8)[line 7]מהימנ[נ]אMEHEIMNANA- I would be believed [since the three years of Chazakah stand in place of a bill of sale, and one need not take an oath on matters relating to land (see Background to Bava Metzia 4:31) (RASHBAM; see, however, TOSFOS DH Migo and CHIDUSHEI REBBI MEIR SIMCHAH to 29a:4)]
9a)[line 9]לא מצית אמרתLO MATZIS AMRAT- you would not have been able to claim
b)[line 9]דהא איכא עלה קלא דארעא דיתמי היאD'HA IKA ALAH KALA D'AR'A D'YASMEI HI- since there is a rumor circulating that that it is land that belongs to orphans [(a) and since it is common knowledge that you do not own it, even though the owner did not protest you should have held onto your supposed bill of sale (RASHBAM); (b) and it is unlikely that you would have so brazen to contradict common knowledge, thereby weakening your Migo (TOSFOS DH Lekuchah)]
10)[line 10]זילZIL- go
11)[line 11]ניהלייהוNIHALAIHU- to them
12a)[line 11]וכי גדלי יתמיKI GADLEI YASMEI- when the orphans grow [to the age of Bar-Mitzvah, when (a) they will be obligated in Mitzvos such as that of repaying loans (RASHBAM); (b) they will be old enough to look into their father's business matters and determine that you have not been repaid (see TOSFOS DH Amur)]
b)[line 11]אשתעי דינא בהדייהוISHTA'I DINA BAHADAIHU- lit. discuss the case with them; i.e., take them to court and collect your debt
13)[line 12]קריביהKERIVEI- his relative
14)[line 12]שכיבSHACHIV- died [without children]
15)[line 13]ושבק דיקלאSHAVAK DIKLA- he left a palm tree
16)[line 13]אנא קריבנא טפיANA KERIVNA TFEI- I am the closest relative [and should therefore inherit the palm tree]
17)[line 15]לסוףL'SOF- at the end [of one or two years' time]
18)[line 15]אודי ליה דאיהו קריב טפיODI LEI D'IHU KARIV TFEI- [the other man] admitted to [Rav Idi bar Avin] that [Rav Idi bar Avin] was the closer relative (see alternate Girsa'os in TOSFOS DH Hachi Garsinan)
19)[line 15]אוקמה רב חסדא בידיהOKMAH RAV CHISDA B'YADEI- Rav Chisda established it to be in the possession of [Rav Idi bar Avin]
20)[line 16]א"לAMAR LEI- [Rav Idi bar Avin] said to [Rav Chisda]
21)[line 16]ליהדר ליLIHADER LI- He should return to me
22)[line 17]אמר, "זה הוא שאומרים עליו אדם גדול הוא?"AMAR, "ZEH HU SHE'OMRIM ALAV, 'ADAM GADOL HU'?"- [Rav Chisda] said, "Is this the one about whom they say, 'He is a great man'?" This refers to the incident in which Rav Huna notified Rav Avin and his wife that they would have two sons who would be great men. These two sons were [Rav] Idi [bar Avin] and [Rav] Chiya [bar Avin] (Shabbos 23b) (PORAS YOSEF).
23a)[line 18]אמאן קא סמיך מר, אהאי?A'MAN KA SAMACH MAR, A'HAI?- upon whom does Mar (a third-person term of respect) rely [when you wish to collect the value of the dates], upon this one [who admits that you are the closer relation]?
b)[line 19]הא קאמר ד"אנא מקרבנא טפי"!HA KA'AMAR D"ANA MEKARAVNA TFEI"!- he is the one who had said [until this point] that "I am the closer relative"! (see Insights)
33b----------------------------------------33b
24)[line 1]כיון דאודי, אודיKEIVAN D'ODI, ODI- once he has admitted [that he had no right to the land until this point], he has admitted [and must return the value of the dates as well]
25)[line 1]של אבותיSHEL AVOSAI- [this land] belonged to my fathers [and they did not sell it before they died]
26)[line 2]האי אייתי סהדי דאבהתיה הואHAI AISI SAHADEI D'AVHASEI HU- one of them brought witnesses [who attested to] that [which the land had] belonged to his fathers [and that they had not sold it before they died]
27)[line 6]"מה לי לשקר" במקום עדים לא אמרינן"MAH LI L'SHAKER" B'MAKOM EDIM LO AMRINAN- [Beis Din] does not accept a Migo when witnesses contradict that which he could have claimed
28)[line 9]אייתי סהדי דאכלה תרתי שניAISI SAHADEI D'ACHLAH TARTEI SHNEI- he brought witnesses [who attested to] that he had reaped the harvest of [the field] for two years [but he was unable to find witnesses to attest to that which he had reaped the harvest for a third year]
29)[line 11]והדרי פיריHADREI PEIREI- [the value of] the harvests [that he reaped] must be returned [as well, since the witnesses testified that he had indeed consumed them (RASHBAM and TOSFOS DH v'Iy]
30a)[line 11]אם טען ואמר, "לפירות ירדתי"IM TA'AN V'AMAR, "L'FEIROS YARADTI"- if [instead of claiming that he had purchased the field] he had [rather] claimed, "I descended to the field to reap the harvest [since I purchased the year's whole yield", or "I have been employed as a sharecropper and therefore own the rights to a percentage of it]"
b)[line 12]נאמןNE'EMAN- he would have been believed [to the point that he need not pay for the produce that he consumed, assuming that he takes a Shevu'as Heses (Rabbinically instituted oath; see Background to Bava Metzia 5:26); he may not, however, continue to take produce once the owner protests]
31a)[line 13]האי מאן דנקיטHAI MAN D'NAKIT- one who is holding
b)[line 13]מגלאMAGLA- a sickle [to harvest dates]
c)[line 13]ותובילאV'TOVILA- (a) a rope [with which to scale tall palm trees]; (b) a basket [within which to place harvested dates]
32)[line 14]איזיל איגדריה לדיקלא דפלניאEIZIL IGADREI L'DIKLA D'FELANYA- I will go and harvest the date-palm of so-and-so
33)[line 15]לא חציף אינישLO CHATZIF INISH- [we may assume] that a person is not so brazen (see Insights)
34)[line 15](דגזר) [דגדר](GAZAR) [GADAR]- (to cut) [to harvest]
35)[line 17]אי הכי, ארעא נמי!IY HACHI, AR'A NAMI!- if it is so [that we may assume that people do not act brazenly], [he should be believed that the produce that he has already taken is his] even [when he claims that he purchased the] land!
36)[line 18]אחוי שטרךACHAVI SHETARACH- show your bill [of sale]
37)[line 22]סבור רבנן קמיה דאביי למימרSAVUR RABANAN KAMEI D'ABAYE L'MEIMAR- the Rabanan who sat in front of Abaye (i.e., his students) suggested
38)[line 23]היינו נסכא דרבי אבאHAINU NASCHA D'REBBI ABA- [the Halachah in] this [case] is the same as that which Rebbi Aba [ruled in the case of] the silver ingot [in that a) the defendant must pay (and there is no particular need to derive this from the case of the ingot; it was merely a vaguely similar case) (RASHBAM, first explanation); b) a single witness testified that he took something, and he agreed that he took it but claimed that he did so since it belonged to him, and he therefore must pay even though two witnesses did not witness the seizure (and he cannot claim that he should be believed Migo he could have denied even taking the item) (RASHBAM, second explanation; TOSFOS DH Hainu)]
39)[line 24]דחטףCHATAF- seized
40)[line 25]יתיבYASIV- sitting
41)[last line]אין חטפי, ודידי חטפי!IN CHATFI, V'DIDI CHATFI!- indeed I seized it, and I seized that which belongs to me!