(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


brought to you by Kollel Iyun Hadaf of Har Nof

Ask A Question on the daf

Previous daf

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

(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.


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

Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,