Question: Why is the Erech of an elderly woman (10 Sela'im) a full third of that a middle-aged woman (age 20-60, whose Erech is 30), whereas that of an elderly man (15 Sela'im) is less than a third of a middle-aged man (50 Sela'im)?

Answer (Chizkiyah): This attests to the saying, an old man in the house is a burden (or useless), an old woman in the house is a treasure.

(Mishnah): If one said "my weight is Alai (upon me to give)," he gives his weight in silver or gold (to Hekdesh);

A case occurred in which Yarmatya's mother said "my daughter's weight is Alai." She went to Yerushalayim and gave her weight in gold.

If one said "the weight of my Yad is Alai":

R. Yehudah says to estimate this we fill a barrel with water. He inserts his arm until his elbow (Tosfos; Rashi - underarm), displacing water. He removes his arm. We put donkey meat (with bones and sinews; its density resembles that of human flesh) inside until the barrel is full. Their weight equals the weight of his hand. (Rambam - we weigh the meat after filling the barrel; Tosfos - we must do so beforehand, lest the meat absorb water).

R. Yosi: (Even though the total amount of flesh, bones and sinews is the same,) surely there is more (or less) flesh of the donkey than in the arm (and it is compensated for by less (or more) donkey bones and sinews) - since they have different densities, the calculation is imprecise!

Rather, we estimate how much the hand weighs.

(Gemara) Question: What does "He gives silver or gold" mean?

Answer (Rav Yehudah): If he specified to give silver, he gives silver. If he specified to give gold, he gives gold.

Objection: This is obvious!

Answer: The Chidush is the inference. If he did not specify, he may give anything (normally sold by weight in that place).

(Rachbah): In a place where pitch is sold by weight, he may give pitch.

Objection: This is obvious!

Answer: The case is, some people weigh it, and others sell it by volume;

One might have thought that since not everyone weighs it, it is not permitted. Rachbah teaches that this is not so.

(Rav Papa): In a place where onions are sold by weight, he may give onions.

Objection: This is obvious!

Answer: The case is, after weighing it, the seller gives an extra two or three (for free);

One might have thought that since they give extra, it is as if they are not sold by weight. Rav Papa teaches that this is not so.

(Mishnah): A case occurred in which Yarmatya's mother said "my daughter's weight is Alai." She went to Yerushalayim and gave her weight in gold.

Question: This contradicts (the way we explained) the previous law (that one who did not specify may give anything sold by weight)!

Answer: The Mishnah is abbreviated. It means as follows:

If the Noder is wealthy, even if he did not specify, we estimate what is appropriate for him to give;

A case occurred with Yarmatya's mother...

(Rav Yehudah): If one said "my height is Alai," he must give a (thick,) unbendable rod of his height (of silver or gold or anything weighed, according to the above rules);

If he said "my full height is Alai," he gives a bendable rod of his height.

Question (Beraisa): If one said "my height is Alai," or "my full height is Alai," he gives an unbendable rod of his height.

Answer: (Tana'im argue about this.) Rav Yehudah holds like R. Akiva;

(Mishnah - R. Akiva): If Reuven sold his house to Shimon, Shimon does not acquire the pit and cistern, even though Reuven wrote "the depth and height";

(If Reuven wants to use them) he must buy the rights to a path to them.

Chachamim say, (he may use them;) he need not buy a path.

R. Akiva admits that if Reuven sold his house "except for the pit and cistern," he need not buy a path;

Since they are not sold even if he does not mention them, he mentioned them to keep something else for himself, i.e. a path;

Summation of answer: Here also, the extra word "full" teaches that it may be bendable.

Questions: What is the law in the following cases? (R. Gershom - we ask whether the following are Nedarim. We explain Rashi and Tosfos according to Yad Binyamin.)

He said "Omdi Alai." (Rashi - does this connote a rod of his height? (Perhaps if not, it refers to plate equal to the area he occupies when he stands - PF) Tosfos - surely he must give a rod of his height. Must it be unbendable, or does it suffice if it can stand? Each coming question depends on the previous one, i.e. if the previous one must be unbendable, all the more so what follows it.)

He said "Rachbi Alai." (Rashi - does this connote a rod as long as his width (right to left), or a rod of this thickness? Tosfos - surely, it must be as long as his width. May it be bendable, or must it be unbendable, just like one cannot bend his width?)

He said "Yeshivasi Alai." (Do we measure from his head until his seat? Or, does he refer to his full height, just he may give a bendable rod, just like he is bent when sitting?)

He said "Ovi Alai"? (This is like "Rachbi," just we consider his thickness from front to back.)

He said "Hekefi Alai." (Rashi - does this connote a rod as long as his circumference, or a rod as thick as his circumference? Tosfos - surely, the rod must be as long as his circumference. Must it be thick (so it cannot be bend back), or may it be thin?)

These questions are not resolved. (Rambam - therefore, one must give so much that he is sure that he did not intend to give more.)

(Mishnah): If one said "the weight of my Yad is Alai"...

(Beraisa - R. Yehudah): If one said "the weight of my Yad (or Regel) is Alai," we fill a barrel with water, and he inserts his arm until his elbow (or his leg until the knee). He removes it. We put in donkey meat (with bones and sinews) until the barrel is full.

A verse suggests (but does not prove) that the density of donkey meat resembles that of human flesh - "Asher Besar Chamorim Besaram."

R. Yosi: Surely you do not know exactly how much donkey flesh, bones and sinews to put in to equal the amounts in the arm!

R. Yehudah: We make the best estimate we can!

R. Yosi: Since in any case we must estimate, let us simply estimate the weight of the arm!

R. Yehudah: We must try to ascertain the weight as precisely as we can.

(Mishnah): He inserts his arm until the elbow.

Contradiction (Beraisa): Kidush (washing) of the hands and feet in the Mikdash is until the joint (the wrist/ankle. Kohanim are commanded to wash "Es Yedeihem v'Es Ragleihem" before serving.)

Answer: Mid'Oraisa (when the Torah refers to Yad), it extends until the wrist. We explain Nedarim based on the way people speak. (Yad is until the elbow).

Question (Tana d'Vei Menasheh): "Al Yadecha" refers to Kibores (where the muscle bulges in the upper arm).

Answer: Mid'Oraisa, it is until the Kibores. We explain Nedarim based on the way people speak;

(The Shi'ur for) Kidush of hands and feet in the Mikdash is a tradition from Moshe from Sinai.

(Beraisa): He inserts his leg until the knee.

Contradiction (Beraisa): "(All males must come to the Mikdash on the three) Regalim" excludes one missing a foot.

Answer: (Mid'Oraisa, Regel extends until the ankle.) Nedarim are according to the way people speak (until the knee).

Question: Chalitzah must be "me'Al Raglo";

(Beraisa): If Chalitzah was done (Tosfos - the shoe was removed; Rashi - to a man whose leg was (partially) cut off) from the knee or below, it is Kosher.

Answer: It says "me'Al Raglo" to include what is above the Regel.

Question: If so, even above the knee should be Kosher!

Answer: The Torah is Machshir "me'Al Raglo," but not "me'Al me'Al Raglo."

(Rav Papa): This teaches that the ankle extends until the bottom of the foot. If not, it itself would be considered "me'Al Raglo," and the shin would be me'Al me'Al, and Pasul!

Rejection (Rav Ashi): Perhaps there is a bone underneath it. Everything directly above the sole of the foot is considered like the foot (it is called Regel).

(Mishnah): If one said "the value of my arm is Alai," he pays the difference of how much he is worth with and without an arm;

This is a stringency of Damim over Erchin.

(Gemara) Question: How do we estimate his value with and without an arm?

Answer #1 (Rava): This is like the estimation for damage. (We consider how much one would pay to buy him now (for a slave), and how much one would have paid when he had an arm.)

Version #1 - Rashi - Objection (Abaye): Regarding damage, he truly is missing an arm. Even our (current) estimation of his original value is deflated (since he is disgraced in people's eyes);

Version #2 - Tosfos Objection (Abaye): Regarding damage, he is indeed missing an arm. That is a proper evaluation, for people would not pay much for him now; (end of Version #2)

Here, he is healthy. We must estimate him like a healthy person!

Answer #2 (Abaye): Rather, we estimate how much one would pay to buy a slave who does work with only one hand.

Question: A slave who does work with only one hand is one who has only one hand. This is like Rava!

Answer: No, we consider a slave sold on condition that (the productivity of) one of his hands remains to the seller.

Question #1 (Rava): If Reuven damaged Shimon, and Beis Din estimated the damage (which includes an estimation of his current worth), and Shimon said "Dami Alai," must we again estimate his current worth?

Perhaps we may rely on the first estimate;

Or, since the estimation for Damim requires 10 judges, we cannot rely on an estimation for damage, which requires only three.

Question #2: If you will say that an estimation by three does not suffice for one that requires 10, if he said "Dami Alai," and we estimated him, and he again said "Dami Alai", what is the law?

We may rely on the first estimate, since there were 10 judges;

Or, perhaps we are concerned lest his value increased in the interim!