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Makos 3
1a) [line 5] MESHALSHIN B'MAMON - when false witnesses tried to make a
person liable to pay a sum of money but were found to be Edim Zomemin, (a)
Beis Din acts as a *Shelish* (a third party) and they divide the sum of
money among the witnesses; (b) Beis Din is *Meshalesh* (divides into three)
the sum of money among the witnesses
b) [line 5] EIN MESHALSHIN B'MALKUS - when false witnesses tried to make a
person liable to Malkus (lashes) but were found to be Edim Zomemin, (a) Beis
Din does not act as a *Shelish* (a third party) to divide the 39 lashes
among the witnesses; (b) Beis Din does not *Meshalesh* (divides into three)
the 39 lashes among the witnesses
2) [line 9] KOL KEMINEI?! - (lit. Is everything from him?) Does he have such
power [to be believed when he admits that he testified falsely]?!
3) [line 10] KEIVAN SHE'HIGID, SHUV EINO CHOZER U'MAGID - once a witness has
testified, he cannot retract and testify again [about the same event]
4) [line 14] KEIVAN DEL'CHAVREI LO MATZI MECHAYEV LEI - since he cannot
cause his fellow witness to be found guilty (his testimony is not accepted
in court with regard to his fellow witness since he in only one witness --
see Background to Sanhedrin 23:14)
5) [line 17] KESUVASAH (KESUVAH / NICHSEI TZON BARZEL / NICHSEI MILUG)
(a) KESUVAH - When a man marries a woman who was a Besulah (virgin) at the
time of her Kidushin, he must write her a Kesuvah document in which he
promises that she will receive 200 Zuz (the value of 960 grams of silver)
from him or his estate if he divorces her or dies. The Tana'im argue whether
this obligation is mid'Oraisa or mid'Rabanan (Kesuvos 10a). (See Insights to
Kesuvos 10:1.)
(b) When a man marries a widow or a divorcee who had once been married in
the past (i.e. she was a Nesu'ah and was not just an Arusah) he must write
her a Kesuvah document in which he promises that she will receive 100 Zuz
from him or his estate if he divorces her or dies. Even if the woman is
still a virgin, the woman is classified as a "Be'ulah" with regard to the
amount of her Kesuvah because she was once married and she is not given the
Kesuvah of a Besulah (Kesuvos 11a). The obligation to write a Kesuvah for a
widow or divorcee is only mid'Rabanan (Kesuvos 10b -- The Gemara there
explains that the term for "widow," "Almanah," alludes to her Kesuvah of a
"Manah," or 100 Zuz).
(c) At the time the husband writes the Kesuvah or at any point afterwards,
the husband may designate a parcel of land towards the collection of the
Kesuvah. The husband may not sell the land that he designated for such a
purpose as long as he is married, but he is permitted to cultivate it and
collect its fruits. If the wife dies during the husband's lifetime, the
husband is once again permitted to sell the land. If the husband dies during
the wife's lifetime or if he divorces his wife, the wife may collect her
Kesuvah by taking title of the designated land.
(d) NICHSEI TZON BARZEL / NICHSEI MILUG - A woman brings into her marriage
two types of possessions, as follows:
1. Possessions that the wife owned before marriage, the values of which were
estimated and written in the Kesuvah, to be returned to her in full upon
divorce or the husband's death. These are called Nichsei Tzon Barzel ("Iron
Flock Properties") because their value does not change between the time of
marriage and the time of divorce or the husband's death.
2. Possessions that were not estimated and their values were not specified
in the Kesuvah. Upon divorce or the husband's death, the property is
returned as is, regardless of its appreciation or depreciation (or
deterioration) over the years. These are referred to as "Nechasim
ha'Nichnasin veha'Yotz'in Imah" or "Nichsei Milug" ("Properties that are
Plucked"), because for the duration of the marriage the husband may take
("pluck") the produce (Peiros) of these possessions (e.g. reaping the fruit
of a field, or plowing with a bull). However, he may not "use up" the
property itself (e.g. by digging trenches in the field or slaughtering the
bull).
6) [line 17] V'HALO BEIN HA'YOM U'VEIN L'MACHAR SOFO LITEN LAH KESUVASAH?! -
But is it not the case that his estate or he eventually (lit. today or
tomorrow) will pay [her the value of] her Kesuvah?!
7) [line 18] OMDIN - they (Beis Din) estimate [the monetary value of the
loss that the Edim Zomemin attempted to inflict, based upon the following:]
8a) [line 19] SHE'IM NIS'ALMENAH O NISGARSHAH - that if she becomes a widow
or a divorcee [his estate or he would have had to pay her the value of her
Kesuvah]
b) [line 20] V'IM MESAH YIRASHENAH BA'ALAH - and if she dies, her husband
inherits her [and he would not have to pay the Kesuvah]
9a) [line 21] BA'BA'AL - with regard to the husband. The monetary value of
the loss that the Edim Zomemin attempted to inflict is equal to the futures
value of the Kesuvah to the *husband*. RASHI states that this is the amount
for which the husband would sell his rights to the Kesuvah to a buyer who
would then be entitled to collect the fruits of the land that is set aside
for the payment of the Kesuvah and inherit that land if the wife dies first.
If the husband dies first or divorces his wife, he would lose his
investment.
b) [line 22] BA'ISHAH - with regard to the wife. The monetary value of the
loss that the Edim Zomemin attempted to inflict is equal to the value of the
Kesuvah *minus* the futures value of the Kesuvah to the *wife*. RASHI states
that this is the amount for which the wife would sell her rights to the
Kesuvah to a buyer who would then be entitled to inherit the land that is
set aside for the payment of the Kesuvah if the husband dies first or
divorces his wife. He would lose his investment if the wife dies first.
c) [line 23] BA'ISHAH UVI'CHESUVASAH - with regard to the wife and her
Kesuvah. Rav Papa agrees with Rav Nasan's opinion. He adds that the Edim
only compensate the husband for his loss of the Kesuvah, but not for other
losses he would have incurred through the divorce. The Edim do not have to
pay the husband for the losses he would have incurred through the divorce by
losing his rights in his wife's Nichsei Milug (and Tzon Barzel), see above,
entry #5:d.
10) [last line] SHEVI'IS (HASHMATAS KESAFIM)
(a) The Torah requires that all loans shall be canceled every seventh year,
as it states in Devarim 15:2, "Shamot Kol Ba'al Masheh Yado" - "Every
creditor who lends anything to his neighbor shall release it." To demand
payment of a loan after the Shemitah year is a violation of the prohibition
of "Lo Yigos Es Re'ehu v'Es Achiv" - "he shall not exact it of his neighbor
or of his brother" (ibid.). Most Rishonim rule that the Shemitah year
cancels loans at the *end* of the year, on the last day of the month of Elul
(RAMBAM Hilchos Shemitah v'Yovel 9:1-4).
(b) Hashmatas Kesafim applies mid'Oraisa only when the Yovel year is in
practice. Mid'Rabanan it applies today, whether inside or outside of Eretz
Yisrael.
(c) Shemitah does not cancel debts which have a due date *after* the
Shemitah year (such as a ten-year loan), since the creditor is not allowed
to demand repayment before the due date, and thus "Lo Yisgos" (see (a)
above) does not apply. Similarly, Shemitah does not cancel the debt if it
can be considered to have been already collected. As such, if a loan is
placed in the hands of Beis Din (see Background to Bava Kama 36:16:c-d) or
if a Mashkon (collateral) is taken for the loan, it is not cancelled. The
latter only applies to collateral of Metaltelin (moveable goods) that are
already considered to belong to the creditor. In a case where real estate
was collected as collateral, the creditor does not acquire the Mashkon,
since it stands to be returned. As such, Shemitah does cancel the debt, in
spite of the Mashkon.
3b---------------------------------------3b
11) [line 1] "LO YIGOS" - "He shall not exact it [of his neighbor or of his
brother]." (Devarim 15:2)
12a) [line 7] MALVEH AL HA'MASHKON - a loan where a Mashkon (collateral) is
taken for the loan
b) [line 7] MOSER SHETAROSAV L'VEIS DIN - a person who hands over his
loans to Beis Din [to collect; identical with Pruzbul -- RASHI] (PRUZBUL)
(a) The Torah requires that all loans shall be canceled every seventh year,
as it states in Devarim 15:2, "Shamot Kol Ba'al Masheh Yado" - "Every
creditor who lends anything to his neighbor shall release it." To demand
payment of a loan after the Shemitah year is a violation of the prohibition
of "Lo Yigos Es Re'ehu v'Es Achiv" - "he shall not exact it of his neighbor
or of his brother" (ibid.). Most Rishonim rule that the Shemitah year
cancels loans at the *end* of the year, on the last day of the month of Elul
(RAMBAM Hilchos Shemitah v'Yovel 9:1-4).
(b) Hashmatas Kesafim applies mid'Oraisa only when the Yovel year is in
practice. Mid'Rabanan it applies today, whether inside or outside of Eretz
Yisrael.
(c) Hillel the Elder saw that people stopped giving loans when the Shemitah
year was approaching out of fear that that they would not get their money
back because the debt would be annulled because of Hashmatas Kesafim. By
doing so, they were transgressing an express command of the Torah *not* to
refuse to lend money prior to Shemitah (Devarim 15:9). Hillel therefore
instituted the "Pruzbul" (from the Greek "Pruz" = benefit; "Buli" = [for]
the rich), effectively creating a means to avoid having Shemitah annul one's
debts, as long as the borrower owns some land, even the smallest amount
(Shevi'is 10:3,6).
(d) In a Pruzbul document, one files a contract with Beis Din, before the
end of the Shemitah year, stating that he is placing all debts owed to him
into the hands of the Beis Din to collect them in his stead (Shevi'is 10:4).
By doing this, the creditor will not transgress the prohibition of "Lo
Yigos" when he collects the loan after Shemitah, since he will not have to
approach the borrower to collect the loan; Beis Din will take care of the
collection and he will approach Beis Din. Beis Din, too, does not have to
approach the borrower to collect the loan, since Beis Din can simply collect
it themselves using their power of "Hefker Beis Din Hefker" (RASHI to
Kesuvos 89a DH Pruzbul, to Gitin 32b DH Mosrani and to Bava Basra 27a DH
Pruzbul). A Pruzbul only allows a person to collect the loan after Shemitah
if the borrower has land. It is unusual for a person to lend money to a
person without land, and the Rabanan did not institute the use of Pruzbul
for unusual loans (RASHI to Gitin 37a DH Ela and to Bava Basra 27a DH
Pruzbul). Alternatively, Pruzbul permits a person to collect a loan after
Shemitah because the moment one allows Beis Din to collect his loans, it is
as if they are already collected, and in his possession, immediately (since
nothing can stop Beis Din from collecting the loan). This is also the reason
the borrower must own land in order for Pruzbul to permit the collection of
the loan. It is only if he has land that Beis Din can easily collect the
loan. If the borrower only has movable possessions, it is possible for him
to prevent Beis Din from collecting them by hiding them from Beis Din.
Therefore they are not considered to have entered the creditor's possession
until they are actually collected as payment (RASHI to Bava Kama 12a DH
Chal).
13) [line 24] KOL HA'MASNEH AL MAH SHE'KASUV BA'TORAH, TENA'O BATEL - anyone
who makes a condition that contradicts the laws of the Torah, his condition
is invalid (HA'MASNEH AL MAH SHE'KASUV BA'TORAH)
(a) It is possible to make a Tenai (condition) in all Kinyanim
(acquisitions; the word Kinyan connotes a change of ownership or status,
such as sales, gifts, Gitin and Kidushin) or Nedarim (vows; see Background
to Nedarim 2a) such that the Kinyan or Neder will not take effect unless one
or both of the parties involved fulfill the specified condition. However,
the Torah established that not all conditional statements are valid. Rather,
the wording of the conditional statement must follow a specific formulation
(Kidushin 61a).
(b) It is debated among the Tana'im and Amora'im if it is possible to alter
a Halachic effect that the Torah or the Rabanan describe, through a Tenai.
In the case of the Mishnah here, the Torah states that a man's sons inherit
him when he dies. When the man himself states that he does not want one of
his sons to inherit his property, he is attempting to contravene a law in
the Torah.
(c) Rebbi Yehudah maintains that although a stipulation that conflicts with
the laws of the Torah does not take effect, it *does* take effect with
regard to a monetary matter (and the rule that it does not take effect
applies only with regard to an Isur, such as a person who states that he is
a Nazir on condition that he is permitted to become Tamei with Tum'as Mes).
14a) [line 26] AL MENAS SHE'EIN LACH ALAI ONA'AH - on the condition that you
have no claims against me [with regard to the Halachos] of Ona'ah (see next
entry), i.e. that you forgo the right to any monetary claim against me if
the sale results in Ona'ah
b) [line 27] ONA'AH - business fraud
According to the laws of Ona'ah, if a person makes a profit of one sixth of
the total value on an item that he sells without the purchaser's knowledge,
the transaction is valid, but the seller must return the profit to the
purchaser. If the profit is less than one sixth, nothing is returned. If the
profit is more than one sixth, the sale is invalid even if the profit is
returned.
c) [line 31] AL MENAS SHE'EIN BO ONA'AH - (a) on the condition that there
is not Ona'ah in this sale (RASHI); (b) on the condition that the laws of
Ona'ah do not apply to this sale (TOSFOS)
15a) [line 31] AL MENAS SHE'LO TISHMETENI BI'SHEVI'IS - on the condition
that your loan not be cancelled by the Shevi'is year
b) [line 32] AL MENAS SHE'LO TISHMETENI SHEVI'IS - on the condition that
the Shevi'is year will not cancel this loan
16) [line 35] BATZIR - less
17) [line 36] CHAVIVI - (lit. my beloved one) Rebbi Chiya, Rav's uncle.
Rav's father Aibo was Rebbi Chiya's brother from the same father. However,
they did not share the same mother. Aibo married Rebbi Chiya's sister from
his mother, and as such, Rav was the son of Rebbi Chiya's brother and sister
(Sanhedrin 5a)
18a) [line 38] LO SEISIV! A'KAR'ACH! - Do not sit down, [but rather stand]
on your feet! (TOSFOS to Nazir 24b DH Amar)
b) [line 39] AD DI'MEFARSHAS LAH L'HA SHEMA'ATA - until you explain this
teaching
19) [line 41] "[HISHAMER LECHA PEN YIHEYEH DAVAR IM LEVAVCHA VELIYA'AL
LEIMOR,] 'KARVAH SHENAS HA'SHEVA, SHENAS HA'SHEMITAH,' [V'RA'AH EINCHA
B'ACHICHA HA'EVYON V'LO SITEN LO.]" - "[Beware of yourself lest there be a
base thought in your heart saying,] 'The seventh year is near, the year of
Shemitah,' [and you will look upon your needy brother with an evil eye and
you will not give him [a loan.]]" (Devarim 15:9)
20) [line 44] SHELOSHIM YOM BA'SHANAH CHASHUV SHANAH - the passage of the
first thirty days of a year is compared to the passage of a full year with
regard to certain Halachos
21) [line 45] HA'POSE'ACH BEIS HA'TZAVAR B'SHABBOS - one who makes (lit.
opens) a neck hole in a garment on Shabbos. According to RASHI, he
transgresses the Melachah of Makeh b'Fatish ("the final hammer blow" -- see
Background to Shabbos 73:6:38)
22) [line 45] MEGUFAS CHAVIS - the cover of a barrel (that is attached to
the barrel with mortar)
23) [line 46] SHELOSHES LUGIN MAYIM (MAYIM SHE'UVIN)
Drawn water is called Mayim She'uvin. Only water that never entered a vessel
(non-drawn water) may be used to fill a Mikvah. (Once there are already 40
Se'in of non-drawn water in the Mikvah, drawn water may be added. However,
if before there are 40 Se'ah in the Mikvah three Lugin of drawn water fall
into it, they render the Mikvah invalid.)
24) [line 46] KORTOV SHEL YAYIN - a Kortov of wine (MEASURES OF CAPACITY:
LIQUIDS)
(a) Equivalents of the volume of liquids used in the Gemara:
- 1 Bas (Efah) = 3 Se'in
- 1 Se'ah = 2 Hinin
- 1 Hin (Tarkav) = 12 Lugin
- 1 Log = 4 Revi'i'os = 6 Beitzim = 64 Kortovim
- 1 Revi'is = 75, 86.4 or 150 ml, depending upon the differing Halachic opinions
(b) Modern-day equivalents:
1 Se'ah = 7.2, 8.29 or 14.4 liters, depending upon the differing Halachic
opinions, therefore:
- 1 Hin = 3.6, 4.145 or 7.2 ml
- 1 Log = 0.3, 0.345 or 0.6 ml
- 1 Kortov = 0.004, 0.005, or 0.009 ml
25) [line 47] MEI TZEVA - colored water
26a) [line 48] MAYA D'TZIV'A MIKRI - it is called "colored water"
b) [line 48] CHAMRA MEZIGA MIKRI - it is called "diluted wine"
27) [last line] HORIDU ES HA'MIKVAH - they lowered the Mikvah from its
status; i.e. the declared the Mikvah invalid
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