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Kesuvos 98

1) [line 9] HACHRAZAH
(a) Before Beis Din sells the property inherited by orphans to pay a debt of their father, they must first estimate the value of the property and then announce for thirty consecutive days or for a period of sixty days on Mondays and Thursdays that they are selling the property of orphans. They make the announcements in the morning and the evening at the time that workers are going to and coming back from work. The announcements in the morning are made so that a prospective buyer asks his worker to evaluate the property on his way to work; the announcements in the evening are made to remind the prospective buyer about the property so that he will ask his worker how much the property produces.
(b) At the time that the announcements are made, the distinguishing marks and the boundaries of the property are announced. Likewise, Beis Din announces the amount that the field produces, the estimated value, and the reason that it is being sold (whether to pay back a loan or to pay the Kesuvah of a widow. Some people prefer to pay a creditor because he will accept imperfect coins as payment, and some people prefer to pay a widow since she usually gets paid in small installments.)
(c) If Beis Din sold the property without a Hachrazah, the sale is invalid and the property has to be sold again with a Hachrazah. However, if Beis Din is selling the property in order to pay the head-tax of the orphans, to pay for the food of the widow or orphans, or to pay for the burial of the father or orphans, they do not make a Hachrazah, because there is no time to spare. (Erchin 21b, RAMBAM Hilchos Malveh v'Loveh 12:8, 10-11)

2) [line 11] SHE'SHAMAH L'ATZMAH - who estimated [and took the properties of the orphans] for herself [as payment for her Kesuvah]
3) [line 14] HA L'ACHER, MAH SHE'ASESAH ASESAH - from here we see that if she estimated and sold it to someone else, the sale is valid

4) [line 17] KISTA - (a) fodder; (b) according to the Girsa KESISA - coral

5) [line 27] BAS TISH'A KABIN - a parcel of land that is large enough to plant nine Kabin of grain
(a) 9 Kabin = 36 Lugin = 216 Beitzim = approximately 10.8 liters (~2.8 gallons), 12.4 l (~3.3 gal.) or 21.6 l (~5.7 gal.), depending upon the differing Halachic opinions.
(b) The area that can be sown with nine Kabin of grain is 3750 square Amos (approx. 784 square meters, 8437.5 square feet or 0.1935 acres), which is a square measuring approximately 61.2 Amos on each side (RAMBAM, TOFOS YOM TOV Bava Basra 1:6).

6) [line 28] BEIS ROVA - a parcel of land that is large enough to plant a quarter (Rova) of a Kav of grain (approximately 0.3, 0.345 or 0.6 liter, depending upon the differing Halachic opinions)

7) [line 30] AT AFSADET - you caused [yourself] a loss
8) [last line] ANA ARVACHNA - I caused myself to profit


9) [line 9] SHINUYA D'SHANINAN, SHINUYA HU - the solution we have given is the correct answer

10) [line 10] ZAVIN - sell

11a) [line 10] LISCHA - a parcel of land that is large enough to plant a Lesech (= 1/2 Kur, or 15 Se'in) of grain

b) [line 10] KURA - a parcel of land that is large enough to plant a Kur (= 30 Se'in) of grain


  • 1 Kur = 2 Lesachin
  • 1 Lesech = 5 Efos
  • 1 Efah = 3 Se'in
  • 1 Se'ah = 6 Kabin
  • 1 Kav = 4 Lugin
  • 1 Log = 6 Beitzim
  • 1 Beitzah = approximately 0.05, 0.0576 or .1 liters, depending upon the differing Halachic opinions
12) [line 16] MA'ALU (ME'ILAH)
(a) It is forbidden to derive personal benefit from anything that is Hekdesh, as the Torah states, "Lo Suchal le'Echol b'Sha'arecha...u'Nedarecha Asher Tidor" - "You may not eat in your settlements...and your pledges [to Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos Me'ilah 1:1-3). The minimum amount for which one transgresses this prohibition is a Perutah's worth of benefit.
(b) If someone benefited from Hekdesh intentionally, he receives Malkos and must pay to Hekdesh the amount that he benefited. However, the object from which he benefited remains Hekdesh.
(c) If someone benefited from Hekdesh unintentionally, the object loses its Kedushah. He must bring a Korban Me'ilah and repay Hekdesh the value of his benefit plus an additional *fifth* (of the ensuing total, or a *quarter* of the original value). This is true of any object that has Kedushas Damim (i.e. it's value is consecrated to Hekdesh). An object that has Kedushas ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as is") does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).

13a) [line 19] HA'SHALIACH SHE'ASAH SHELICHUSO - a Shali'ach (messenger) who carried out his assignment as he was told; e.g. who bought the exact item he was told to buy
b) [line 20] LO ASAH SHELICHUSO - if he did not carry out his assignment as he was told; e.g. he bought an item different from the one he was told to buy

14) [line 28] B'DINAR MEKARKE'EI - with land worth a Dinar [that I will buy back from the person to whom I sold it]

15) [last line] BED'OZIL - [the Mishnah is referring to a case where] she sold the land for less than it was worth; i.e. she sold the land that was worth a Manah and a Dinar for only a Manah

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