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Kesuvos 51
1) [line 1] KOL HA'OMED LIGZOZ K'GAZUZ DAMI - fruits that are about to be
picked ("Mechubar" -- attached to the ground) are equated to fruits that have
already been picked ("Talush" -- not attached to the ground any more), with
regard to Halachos that apply only to items that are Mechubar or that are
Talush.
2) [line 3] HA'ALU L'YASOM BISHVIL YESOMAH - give the orphan extra money, so
that he can feed his sister as well as himself. (The orphan and his sister
were underage and their father's estate was being managed by a caretaker (an
"Apotrophus"). There apparently were other brothers, who were born to another
wife, who did not want the sister to be fed from Metaltelim (chattel) of the
estate, since Kesuvas Benos Nukvan is not collected from Metaltelim. The
orphan mentioned in the Gemara was born to the same wife as the sister. He
brought the case to Rava to decide, in an attempt to attain money from the
estate for feeding his sister.)
3) [line 6] PARNASAH - providing jewelry for a Kalah
4) [line 27] IM TISHTABA'I AFARKINACH - if you will be taken captive, I shall
redeem you
5) [line 28] V'OSVINACH LI L'INTU - and I will reinstate you as my wife
6) [line 29] KOHENES - a woman married to a Kohen
7) [line 29] AHADRINECH LI'MEDINASECH - I will return you to your country
8) [line 36] HISKABALTI MIMCHA - I have already received from you
9) [line 39] ACHRAYUS TA'US SOFER
(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 Metzi'a 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.
51b---------------------------------------51b
10) [line 8] MECHURARIN - (lit. freed) lands that do not have a lien on them
11) [line 9] SHEVACH PEIROS - added value that a buyer invests in a field, or
the added value of the fruits that grow in a field
12) [line 10] GET CHOV SHE'EIN BO ACHRAYUS - a legal document in which
Achrayus (see above entry #9) was not written
13) [line 24] "SARIM ATZRU V'MILIM, V'CHAF YASIMU L'FIHEM." - "The princes
refrained from talking, and laid their hand on their mouth." (Iyov 29:9)
14) [line 28] HI SOCHARTO - she will hire him
15) [line 29] YETZER ALBESHAH - his actions caused the Yetzer ha'Ra to take
hold of her
16) [line 29] "...V'HI LO NISPASAH." - "...and she was not seized." (Bamidbar
5:13)
17) [line 37] MAMTI'AN LEHU NAHAMA - they bring their bread to their captors
18) [line 38] MESHALCHAN LEHU GIREI - they provide them with arrows
19) [line 38] VADAI SHAVKINHU V'AZLAN MI'NAFSHAIHU, ASIRAN - definitely, if
their captors left them behind so that they may return to their husbands, and
they returned on their own to their captors, they are forbidden [to their
husbands]
20) [line 39] GENEUVEI LISTOS - women captured by armed bandits
21) [line 40] MALCHUS BEN NATZAR - the reign of the armed bandit Ben Natzar,
who was able to capture and rule over various territories in the Sassanid
Persian Empire
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