1)

(a)The Mishnah gives the time-period for Shum ha'Yesomim (the assessment of Yesomim) as thirty days. The purpose of the assessment is - to obtain the money to pay off their father's debts.

(b)The Sheluchei Beis-Din - pick one of the Yesomim's fields and announce on thirty consecutive days that it is for sale.

(c)An alternative method of carrying out the assessment is - by announcing it every Monday and Thursday for sixty days.

(d)Despite that fact that the latter method entails to only eighteen days of actual announcement, it is nevertheless preferable - since it covers a larger time-span than the former one.

2)

(a)The time-period for the assessment of Hekdesh is - sixty days.

(b)The Tana is referring - to a field that the Makdish purchased, which the owner can redeem for its market value.

(c)Beis-Din announce the field twice a day - once in the morning and once in the evening, to give potential purchasers the opportunity to send their employees to check out the field on their way out to work and to remind them to find out the details upon their return (See also Tosfos Yom Tov DH 'u'Machrizin ... ').

3)

(a)Besides the name of the field and its borders, Beis-Din also announce - how much produce it yields and the suggested price.

(b)If Beis-Din are selling the field in order to pay off a woman's Kesubah or in order to pay off a debt - then they mention that in the announcement ...

(c)... because some people prefer to purchase a field in order to pay ...

1. ... the Kesubah of a woman - who is generally willing ti accept the payment in many installments.

2. ... a creditor - because a creditor is generally not fussy about accepting inferior-quality coins.

4)

(a)The Din of Shum ha'Yesomim clashes with the principle - 'Ein Nizkakin le'Nechsei Yesomom le'Mochran (One does not sell the property of Yesomim)'.

(b)The above two are exceptions to the rule. Beis-Din are permitted to sell the property of Yesomim (Ketanim) in order to pay ...

1. ... their father's creditor - because it speaks where the creditor is a Nochri, who will claim interest until the debt is paid (See Tosfos Yom Tov DH 'Shum').

2. ... their mother's Kesubah - because they then become exempt from continuing to sustain her.

(c)A third case that overrides the above principle is where their father admitted prior to his death that he owes so-and-so the money or where Beis-Din placed a Niduy on him and he died before the Niduy was repealed. It will only apply however, where the payment has not yet fallen due at the time of death - because if it has, we suspect that he paid the debt before he died.

5)

(a)Beis-Din appoint an Apotropus (a guardian) to deal with the Yesomim's property on their behalf.

(b)The current Halachah does not apply nowadays - because, since the Chachamim initiated that the Metaltelin of Yesomim is Mechubad to the creditor, their creditors swear (See Tosfos Yom Tov end of DH 'hum') and claim from Metaltelin, and the Din announcing their property is no longer relevant.

(c)Metaltelin and Avadim - and Sh'taros do not require announcing.

6)

(a)A 'Kenunya' is - extracting money by means of collusion.

(b)Rebbi Eliezer rules that someone who divorces his wife after declaring his property Hekdesh - must make a Neder denying himself Hana'ah from her ...

(c)... in case he is only divorcing her to enable her claim her Kesubah from Hekdesh (a Kenunya), at which point he intends to remarry her.

(d)Rebbi Yehoshua maintains that - this is not necessary (as we will now explain.

7)

(a)Both Rebbi Eliezer and Rebbi Yehoshuaa agree that in the case of a Sh'chiv-M'ra, the above Neder is not necessary, because a person on his death-bed does not make a Kenunya against Hekdesh' based on the principle that - one does not sin with someone else's money (where he does not stand to lose anything).

(b)And they both agree that - on principle, a person will make a Kenunya against Hekdesh.

8)

(a)In fact, the Machlokes (whether we suspect a Kenunya against Hekdesh or not) is confined specifically to this case, based on the question of She'eilah be'Hekdesh. Rebbi Eliezer holds - 'Ein She'eilah be'Hekdesh' ...

(b)... based in turn, on the principle that - Hekdesh be'Ta'us is Hekdesh.

(c)Consequently - the way to regain his Hekdesh is by divorcing his wife and letting her claim her Kesubah from it.

(d)Rebbi Yehoshua holds - 'Hekdesh be'Ta'us Eino Hekdesh'. Consequently, She'eilah be'Hekdesh is applicable, and the husband has no need to make a Kenunya against Hekdesh.

9)

(a)Rabban Shimon ben Gamliel rules that a man who divorces his wife after appointing a guarantor for her Kesubah - must be Madir Hana'ah from her (like Rebbi Eliezer earlier) ...

(b)... in case he makes a Kenunya against the guarantor.

(c)The Halachah is - like Rebbi Eliezer and Rabban Shimon ben Gamliel (See Tosfos Yom Tov DH 'ha'Areiv le'Ishah ... ').

10)

(a)The Mishnah now discusses someone who declares his property Hekdesh and whose wife is claiming her Kesubah and his creditor, his debt. The Tana rules - that neither claimant may claim directly from Hekdesh.

(b)The problem of 'Kenunya al Hekdesh' does not apply here with regard to his wife - since the Tana is speaking where the divorce preceded the Hekdesh.

(c)The man is obligated - to redeem the property for a small sum (See Tosfos Yom Tov), in order to pay his wife her Kesubah, and the creditor, his debt (See Tosfos Yom Tov) ...

(d)... because, strictly speaking - the Hekdesh was invalid in the first place (since the property was Meshubad to his wife and his creditor).

(e)And the reason that he needs to pay Hekdesh anything at all is - so that people should not think that Hekdesh goes out for nothing.

11)

(a)The Tana issues the same ruling is a case where the property that he declared Hekdesh is worth ninety Maneh and the debt, a hundred. When he says 'Mosif Od Dinar', he means that - the creditor lends him another Dinar (to enable him to redeem the property [See Tosfos Yom Tov]).

(b)We might have thought that the Hekdesh remains intact, and that the debtor is not permitted to redeem it - because, since the property is worth less than the debt, the creditor clearly lent the debtor the money on trust, and not against the Hekdesh.

(c)He will indeed not be permitted to do so however - in the event that the property is worth less than half the amount of the debt (See Tosfos Yom Tov) ...

(d)... in which case we do say that he lent him the money on trust.

12)

(a)When claiming a Mashkon from Chayvei Erchin, the Mishnah Lists the things that Beis-Din leave the Ma'arich. They leave him ...

1. ... food - to last for thirty days.

2. ... clothes - to last for a year.

(b)The Tana rules - that they also leave him ...

1. ... a bed with bedding and shoes.

2. ... and his Tefilin.

(c)We learn from ...

1. ... the Pasuk "ve'Im Mach Hu me'Erkecha" that - if he does not have any of the above, then Beis-Din leave him money to purchase it, and ...

2. ... from the word "Hu" that - they do not leave any of the above for his wife and children (See Tosfos Yom Tov & Tiferes Yisrael).

13)

(a)One leaves a craftsman - two of each kind of tool that he needs.

(b)They leave a carpenter two planes - and two saws (See Tosfos Yom Tov).

(c)According to Rebbi Eliezer, Beis-Din leave a farmer one pair of oxen and a donkey-driver - his donkey.

(d)The Chachamim disagree - because they maintain that these fall under the category of property rather than tools of one's trade.

(e)The Halachah is - like the Chachamim (See Tosfos Yom Tov).

14)

(a)The Tana now discusses a case where the craftsman possesses 'a lot of one kind and a little of the other' - three planes and one saw.

(b)We do ...

1. ... not say that - he should sell one of the planes and purchase a saw with the proceeds (in order to have two of each.

2. ... say - that Beis-Din take the extra plane and leave him with two planes and one saw ...

(c)... with which he managed till now.

(d)Regarding the Tefilin of someone who declares his property Hekdesh - Beis-Din remove them Tefilin (or they assess their value, allowing him the option of borrowing money and redeeming them [See also Tiferes Yisrael]).

15)

(a)The Mishnah rules that ...

1. ... the clothes that belong to the wife and the children of someone who is Makdish his property or who is Ma'arich himself ...

2. ... the clothes that he dyed on their behalf, and ...

3. ... the new shoes that he purchased on their behalf - are not included in the Hekdesh and in the relevant Din of Erchin (Heseg Yad).

(b)The Tana see fit to mention 'new shoes' - to teach us that this ruling applies even though they have not yet worn them.

16)

(a)The Mishnah now draws a distinction between Chulin and Hekdesh (Bedek ha'Bayis) with regard to their potential value. The Tana says that if one sells ...

1. ... an Eved wearing a suit that is worth thirty Dinar - his price rises by a Manah (a hundred Dinar [See Tiferes Yisrael]).

2. ... an ox - it will fetch a better price if it is sold on market-day, and that a jewel will fetch a better price if it is sold in the city.

(b)With regard to Hekdesh however, the Tana says 'Ein le'Hekdesh Ela ...

1. ... Mekomo', meaning that - one evaluates a jewel that the owner is Makdish, locally ...

2. ... ve'Sha'ato' - an Eved or a cow that he was Makdish must be assessed according to its value at the moment of declaration (See Tosfos Yom Tov).

(c)We learn this from the Pasuk in Bechukosai (in connection with Hekdesh) "ve'Nasan es ha'Erk'cha ... ", which ends - "ba'Yom ha'Hu" (implying there and then).

(d)The reason the Rambam gives for this Halachah is that - when one speculates with the intention of gaining, it sometimes results in a loss.

(e)For the same reason, Chazal said - that 'One does not do business with money of Hekdesh'.