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Week 167 - Sunday - 2 February 2003

ARAKHIN: CHAPTER 6: MISHNAH 2

If one dedicated his property and he was liable for his wife's ketubah or in debt to a creditor, the wife cannot collect her ketubah from what was dedicated, nor can the creditor collect his debt, but he who redeems, redeems on condition that he will pay the wife her ketubah, or the creditor his debt. If he dedicated ninety manehs and his debt was a hundred manehs, he must add another dinar and redeems with it this property on condition that he pay the wife her ketubah or the creditor his debt.

Kehati

In the preceding mishnah we mentioned that if one consecrates property on which his wife's ketubah has a lien, the consecration is not fully valid, and if he divorces his wife, she collects the ketubah from this property. Our mishnah teaches that such property must first be redeemed from the Temple with a symbolic amount, lest people think that it can be retrieved from the Temple without redemption. The same applies to a creditor.

If one dedicated his property and he was liable for his wife's ketubah which, if the divorce preceded the dedication, has a lien on the property, this removes any suspicion of collusion to defraud the Temple; or in debt to a creditor who claims the debt which has a lien on this property, then the wife cannot collect her ketubah from what was dedicated, nor can the creditor collect his debt - although one cannot consecrate property on which a ketubah or a creditor has a lien, nevertheless, if consecrated, it cannot be collected by the wife for her ketubah, nor can the creditor collect his debt, lest it be said that consecrated property can be retrieved without redemption;

But he who redeems it redeems it on condition that he will pay the wife her ketubah, or the creditor his debt - i.e., if the property is worth more than the ketubah or the debt, one can redeem the property from the Temple with the difference (e.g., if the ketubah is worth 200 zuz, the debt 100, and the property 350, the redeemer need pay only 50 zuz); this renders the entire property non-holy, since the debt had not been rendered holy. He thereby appears to redeem all, and removes the impression that consecrated property can be retrieved without redemption. The person who redeemed it then pays the woman her ketubah and the creditor his debt (Tosafot).

If the property he dedicated is worth ninety manehs (9000 zuz) and his debt was a hundred manehs - 10,000 zuz, the debt thus exceeding the consecrated property and leaving nothing for the Temple - he - the creditor - must add - i.e., lend the debtor - another dinar and the debtor redeems with it - with this dinar - this property from the Temple (Tosafot) to avoid the impression that consecrated property can be retrieved from the Temple without redemption, on condition that he pay the wife her ketubah or the creditor his debt - the Gemara presents this as a rejection of Rabban Shimon b. Gamliel's ruling taught in a baraita: "Rabban Shimon b. Gamliel says: If his debt equaled the consecrated property, he redeems it (for one dinar); if not (i.e., if it exceeded the consecrated property), he does not redeem it (we presume that since the loan exceeded the borrower's property, the lender trusted him and did not rely on it; hence he does not collect his debt from the consecrated property - Rashi, and alternative explanation ad loc.).

Our mishnah differs from Rabban Shimon b. Gamliel in that even if one consecrated ninety manehs and his debt amounted to a hundred, it is collected from the consecrated property after redeeming it with one dinar. Hence the reference to a debt that exceeds the consecrated property, rather than one that equals it. However, all agree that if the property covers less than half of the debt, it cannot be collected from the consecrated property, since in such a case the creditor certainly did not link the loan to the property, seeing that one does not purchase land for twice its value (see Tosafot and Tiferet Yisrael for a different explanation.)

We explained our mishnah according to Tosafot, ignoring Rashi (see Arakh. 23b), since it harmonizes with the mishnah text. So also Rosh (see Shitah Mekubetzet) and Tiferet Yisrael. However, Rambam differs since he holds that consecrated property overrides the mortgage; hence only if the Temple Treasurer has sold it to a third party can the creditor collect his debt from the latter. Thus our mishnah teaches that when redeeming the property from the Temple, we estimate how much a person is willing to pay for it, on condition that he pay a woman her ketubah and a creditor his debt (see Hil. Arakhin 7:14-16 and Ravad's glosses ad loc.).

ARAKHIN: CHAPTER 6: MISHNAH 3

Although they said, "Pledges are taken from those who owe valuations”, they give him food for thirty days, clothing for twelve months, bed and bedding, shoes and tefillin. For himself but not for his wife or children. If he was a craftsman they give him two of each kind of tools: a carpenter - they give him two axes and two saws. R. Eliezer says, If he was a farmer they give him his yoke. A donkey-driver - they give him his donkey.

Kehati

Although they said - in mishnah 5:6 above, "Pledges are taken from those who owe valuations" - i.e., the Treasurer enters their homes and forcibly exacts pledges for their vows - they give - i.e., leave - him food or necessary funds to buy food for thirty days, clothing required for twelve months, bed and bedding, shoes and tefillin - or, if he does not possess any of these, the necessary means to acquire them. The Gemara explains: Concerning valuations we read (Lev. 27:8): "But if he be too poor for the estimated value" (Lit. "from your valuation"), implying that you must sustain him from your valuation (lit. "he... from your valuation" implies that you insure his existence from the amount of the valuation - Bartenura). They give him for himself but do not leave him the requirements for the sustenance of his wife or children, even though he is liable to feed and clothe them (Rambam). This is derived from "he... from your valuation," i.e., "he" alone but not his wife or children are maintained from your valuation (Gemara).

If he was a craftsman they give him two of each kind of tools, e.g., if he was a carpenter, they give him two axes and two saws to keep one in reserve in case of a breakdown.

R. Eliezer says, If he was a farmer they give him his yoke of oxen to plow with. If he was a donkey-driver who transports goods from one city to another, they give him his donkey - the yoke of oxen and the donkey constitute tools. The halakhah does not follow R. Eliezer, i.e., these count as regular property rather than tools.

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