[22a - 53 lines; 22b - 33 lines]
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We recommend using the textual changes suggested by the Bach and the marginal notes of the Vilna Shas. This section is devoted to any other important corrections that Acharonim have pointed out in the Gemara, Rashi and Tosfos.
[1] Gemara 22a [line 13]:
Should be corrected as suggested by Shitah Mekubetzes #2
[2] Gemara 22b [line 7]:
The words "Kesuvah, Mishum China" ëúåáä îùåí çéðà
should be "bi'Chesuvah, Mishum China" áëúåáä îùåí çéðà
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1)[line 13]÷åìôé èàáé áìòé òìäKULFEI TAVEI BAL'I ALEI- I received (absorbed) many blows over it (until I learned it)
2)[line 18]àéï ðæ÷÷éï ìðëñé éúåîéíEIN NIZKAKIN L'NICHSEI YESOMIM- we do not get involved with the property of orphans [unless their father's debt, which they will have to pay when they reach the age of adulthood, is accruing interest]. That is, if a person owes money with a Shtar, and he dies leaving children below the age of 13, the creditors cannot collect the loan from the children until they are 13 years old. If, however, the debt carries interest, then Beis Din may sell the inherited property of the orphans and pay off the debt before they reach the age of 13.
3)[line 16]îé öàéú?MI TZAYIS?- does he pay attention?!
4a)[line 34]îæåðåúMEZONOS
(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).
b)[line 34]àé äëé, àéæã÷å÷é ìà îéæã÷÷éðï ìäIY HACHI, IZDEKUKEI LO MIZDEKENINAN LAH- if so, we should not let her claim her Kesuvah. That is, we should not allow her to collect from the orphans, since she is no longer causing them a loss by collecting Mezonos (see previous entry) from the estate
5)[line 37]àéï ðôøòéï îðëñé éúåîéí àìà îï äæéáåøéúEIN NIFRA'IN MI'NICHSEI YESOMIM ELA MIN HA'ZIBURIS - Beis Din does not collect from the property of orphans [in payment for their father's debts] except from Ziburis, the lowest-quality land.
(a)If a person wishes, he may pay back his debts with plots of land equivalent in value to the amount that he owes. Chazal divided the quality of plots of land into three categories: Ziburis - the poorest quality, Beinonis - average quality, and Idis - the highest quality. Depending on what kind of a debt is being paid, Chazal instituted that different qualities of land must be used to pay the debt if it is to be paid back with land. Damages (Nezikin) are reimbursed with Idis. Standard loans (Halva'os) are repaid using Beinonis. The payment of a Kesuvah to a wife, as well as debts that are paid by orphans for claims on their father's estate, are paid using Ziburis.
(b)Mid'Oraisa, a standard loan may even be repaid using Ziburis. The Rabanan required that the borrower pay back Beinonis land so as not to "close the door" to other borrowers, who will not find creditors from whom to borrow because they fear that they may be repaid in Ziburis.
6)[line 50]îùåí çéðàMISHUM CHINA- "for the sake of grace," we are lenient with regard to a widow [so that the widow could collect the value of her Kesuvah from the Beinonis (average quality) land of the heirs, and not just from the Ziburis] (a) in order for men to find grace [in the eyes of women so that the women will agree to marry them] (RASHI); (b) so that women would agree to serve their husbands with all their hearts in order to find favor in the eyes of their husbands (ARUCH); (c) so that the widow will be wealthier and therefore find favor in the eyes of men, so that the men will want to marry her (TOSFOS Gitin 49b DH Mishum)
7)[line 50]ìà äåä îéæã÷é÷ðà ìðëñé éúîéLO HAVAH MIZDEKIKNA L'NICHSEI YASMEI- at first, we would not get involved with the property of orphans. That is, he used to hold like Rav Asi and Rebbi Yochanan, who do not allow the collection of loans from Yesomim.
8)[line 50]ìéæìå áúø ùéá÷ééäåLEIZLU BASAR SHIVKAIHU- let them go after the one who left them, i.e. they should die like their father
9)[line 52]ôøéòú áòì çåá îöåäPERI'AS BA'AL CHOV MITZVAH - it is a Mitzvas Aseh to pay back a loan
The principle of "Peri'as Ba'al Chov Mitzvah" is learned from the verse, "Hin Tzedek" (Vayikra 19:36), which teaches that a person's "Hen," i.e. his acknowledgement or his word, shall be righteous or just (Bava Metzia 49a). (If the borrower owns land, there is a lien on his property, "Shi'abud Nechasim," which allows the lender to collect the loan regardless of the above-mentioned Mitzvah. However, if the borrower only has movable property, "Metaltelim," his only obligation to repay the loan is moral, a "Shi'abud ha'Guf," due to the Mitzvah. He has no monetary obligation allowing the lender to collect the debt.)
10)[line 52]àéîø öøøé àúôñéäEIMAR TZERAREI ATFESEI- I may say that the father, at the time of death, gave the creditor bundles of money as security until the Shtar would be returned
11)[last line]ùîúåäSHAMTUHA- they put her in Cherem
22b----------------------------------------22b
12)[line 21]ùåáøSHOVER- a receipt
13)[line 23]äðôøòú ùìà áôðéå ìà úôøò àìà áùáåòäHA'NIFRA'AS SHE'LO B'FANAV, LO SIPARA ELA BI'SHEVU'AH- a woman who is collecting her Kesuvah in the absence of her husband needs to make an oath that she has not collected any of the Kesuvah yet
14)[line 31]åàí àîø "úðå"V'IM AMAR "TENU"- and if he (the father, before his death) said "give it," then Beis Din pays his debt from the property inherited by the orphans. (Saying "Tenu" is the same as a case of "Chayav Modeh," except that it includes a case in which a Shechiv Mera gives a gift as he is dying (TOSFOS DH v'Im).)
15)[line 32]îòîéãéï àôåèøåôåñMA'AMIDIN APOTROPOS- we appoint a guardian to look after the affairs of orphans
16)[line 30]ñäãé áù÷øé ìà îçæ÷éðïSAHADEI B'SHAKREI LO MACHZEKINAN- witnesses are not assumed to be liars (testifying falsely). When witnesses testify that the father stole the field, we do not suspect them of lying.
17)[line 31]åàé îæã÷÷éðïV'IY MIZDEKEKINAN- in a case where we do collect, such as a case of "Chayav Modeh," we appoint an Apotropos (TOSFOS DH Amar Rav Ashi; see Insights)