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Week 166 - Shabbat - 1 February 2003

ARAKHIN: CHAPTERS 5: MISHNAH 6

Pledges are taken from those who owe valuations. Pledges are not taken from those who are liable to sin-offerings or guilt-offerings. Pledges are taken from those who are liable to burnt-offerings or peace-offerings, Although one gains no atonement unless he acts willingly, as it is stated (Lev. 1:3), "in accordance with his will" - he is pressed until he says "It is my will." So also concerning women's bills of divorce, he is pressed until he says "It is my will."

Kehati

Pledges are taken from those who owe valuations that they dedicated to the Temple. If they default, the Treasurer enters their homes and forcibly takes a pledge; and likewise with those who vowed to give the worth of something (Rambam).

Pledges are not taken from those who are liable to sin-offerings or guilt-offerings - since these effect atonement for a sin, their owners will not delay to offer them; hence there is no need to take pledges. However, a pledge is taken for the sin-offering of a nazir; since it neither effects atonement, nor does its absence prevent the nazir from drinking wine - as taught (Naz. 6:9): "Once the blood of one of the offerings has been sprinkled for him, the nazir is permitted to drink wine and render himself unclean by contact with the dead" - the nazir might default; hence a pledge is taken for it (Gemara).

Pledges are taken from those who are liable to burnt-offerings or peace-offerings, lest they default. Although the burnt-offering effects atonement for positive commands and prohibitions that are linked to a positive command, nevertheless a pledge is taken for it, for he might default, since he is not liable to it. However, no pledge is taken for the burnt-offering of a metzora, who will not default since it is indispensable for rendering him clean (Gemara).

Although one gains no atonement - i.e., burnt- and peace-offerings are not accepted - unless he who brings it acts willingly, i.e., voluntarily (Rabbenu Gershom), as it is stated (Lev. 1:3), "in accordance with his - the offerer's - free will" - when the Court exacts a pledge and he is thereby pressed until he says "It is my will" - such a declaration suffices to count as "his will" (see Tiferet Yisrael).

So also concerning women's bills of divorce when he - the husband - is pressed by the Court to grant his wife a divorce (see Ket. 7:10), he is pressed until he says "It is my will," whereupon he writes a bill of divorce and gives it to his wife. Even though fundamentally a man can grant a divorce only if he acts freely, in the case of a Court-imposed divorce, declaring "it is my will" and subsequently handing over the bill constitute a valid divorce (see Git. 9:8, where we cite Rambam's reasoning).

ARAKHIN: CHAPTER 6: MISHNAH 1

The valuing of orphans is thirty days, and the valuing of the Temple sixty days. And they announce in the morning and in the evening. If one dedicated his property and he was liable for his wife's ketubah - R. Eliezer says, When he divorces her he must vow not to derive any benefit. R. Yehoshua says, He need not. Likewise did Rabban Shimon b. Gamliel say, Also he who guaranteed a woman's ketubah, and her husband divorced her, he must vow to derive no benefit, lest he conspire against this one's property, and remarry his wife.

Kehati

If the Court performs the valuing of the property of orphans to be sold in order to collect from it their father's debt, the impending sale is announced during thirty consecutive days, in order to attract potential buyers and thus enhance their price. According to the Gemara, the proclamation may be made during sixty days, every Monday and Thursday, even though only eighteen times, since greater publicity is gained by extending it over a longer period; and the valuing of a field belonging to the Temple in order to sell it at its true price is announced during sixty consecutive days. And during the thirty or sixty days they announce the sale in the morning and in the evening - when the workers go to work and go home. This enables their employer, who wishes to take part in the bidding, to request his workers to inspect the field, and on hearing the morning proclamation, he will remember to ask them about the price and quality of the field.

According to the Gemara, the proclamation must include the location, limits, yield, and the Court's valuation of the field, as also the purpose of the sale - whether to pay a creditor or cover a ketubah. Whereas some buyers prefer the latter, since a woman collects the money in installments, others prefer to buy a field sold to pay a creditor, who accepts also defective and broken coins (see Bartenura's explanation as to when the Court is required to sell the property of orphans). According to Tosafot, the Court's valuing of a property in order to cover a debt or ketubah obligation is likewise announced during thirty days. Our mishnah's specification of the "valuing of orphans" emphasizes that even orphans' property need not be announced for more than thirty consecutive days.

If one dedicated his property and he was liable for his wife's ketubah - which has a lien on his property, and thus the consecration is not fully valid, hence if he divorces his wife she collects her ketubah from that property (see next mishnah), R. Eliezer says, When he divorces her he must make a public irrevocable vow not to derive any benefit from her, to prevent him from remarrying her, since we suspect that the divorce was a joint scheme of husband and wife for the latter to collect the ketubah from the Temple, after which he would remarry her.

R. Yehoshua says, He need not take such a vow. According to the Gemara, R. Yehoshua, too, suspects such a conspiracy against the Temple property. He and R. Eliezer differ whether it is possible to cancel the consecration of an object to the Temple; the latter holds that it cannot be annulled by a sage, even by a plea of error, since even an erroneous dedication to the Temple remains effective (in accordance with Bet Shammai, Naz. 5:1). Now, since a vow to the Temple cannot be annulled, we suspect fraud when he divorces his wife; hence he must renounce all benefit from her. R. Yehoshua, however, holds that a dedication to the Temple can be annulled by a plea of error and that an erroneous consecration is not binding (in accordance with Bet Hillel, ibid.). Thus, since his vow can be annulled, we do not suspect any collusion when he divorces his wife, and he need not abjure all benefit from her.

Likewise did Rabban Shimon b. Gamliel say, Also he who guaranteed a woman's ketubah owed herby the husband, and her insolvent husband divorced her, he - the husband - must - before payment is made by the guarantor - vow to derive no benefit from her, lest he conspire with his wife against this one's - the guarantor's - property, and afterwards remarry his wife, so that both may collect the ketubah payment received from the guarantor (see B.B. 10:7).

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