[a - 43 lines; b - 46 lines]
1)[line 2]מציעאMETZI'A- the middle case [in which a borrower owned only Beinonis and Ziburis and his creditor collects from Beinonis]
2)[line 5]תעשה בינונית שלו כעידיתTE'ASEH BEINONIS SHELO K'IDIS- his "Beinonis" should attain the status of "Idis" [since it is his highest-quality field]
3)[line 6]היתה לו עידית ומכרהHAYESAH LO IDIS U'MACHRAH- he owned higher quality land [at the time that he borrowed money and the borrower established a lien upon his property] and he subsequently sold it
4)[line 9]אחריתיACHARISI- another [Beraisa]
5)[line 12]אי בעית אימאIY BA'IS EIMA- The ensuing answers of the Gemara do not attempt to defend the opinion of Rebbi Aba that b'Shelo Hen Shamin. Rather, they attempt to explain the difference between the two contradictory Beraisos. This answer maintains that both Beraisos rule that b'Shel Olam Hen Shamin.
6a)[line 14]הא דשויא בינונית שלו כעידית דעלמאHA D'SHAVYA BEINONIS SHE'LO K'IDIS D'ALMA- that [which the second Beraisa rules that the creditor receives Ziburis is] when his average-quality land (termed such since he still owns higher-quality land - TOSFOS DH Idi) is equivalent to what is generally considered high-quality land
b)[line 15]וכאן דלא שויא בינונית שלו כעידית דעלמאV'CHAN D'LO SHAVYA BEINONIS SHE'LO K'IDIS D'ALMA- and here [in the first Beraisa which rules that the creditor receives Beinonis is] when his average-quality land is equivalent to what is generally considered average-quality land (and he never owned higher-quality land - TOSFOS DH Idi)
7)[line 21]"בחוץ תעמד; והאיש אשר אתה נשה בו יוציא אליך את העבוט החוצה""BA'CHUTZ TA'AMOD; VEHA'ISH ASHER ATAH NOSHEH VO YOTZI ELECHA ES HA'AVOT HA'CHUTZAH"- "Stand outside, and the man who owes you money shall bring the collateral outside to you" (Devarim 24:11).
8)[line 23]פחות שבכליםPACHUS SHEB'CHELIM- utensils of least value [and, similarly, land of inferior quality]
9)[line 25]מר אית ליה תקנתא דעולאMAR IS LEI TAKANTA D'ULA- [the author of the first Beraisa] agrees with the decree of Ula [and the creditor therefore receives Beinonis]
10)[line 26]ומר לית ליה תקנתא דעולאU'MAR LEIS LEI TAKANTA D'ULA- a) and [the author of the second Beraisa] disagrees with the decree of Ula [a) in all situations, and a creditor therefore always collects from Ziburis (RASHI); b) in this situation, since the Beinonis is the borrower's highest-quality land, and there is reason to suspect that he will lend him money in order to repossess that field (TOSFOS DH Mar; see Gitin 49b) (See also HAGAHOS HA'GRA in the name of the RA'AVAD and the NIMUKEI YOSEF in the name of the RAMAH for further approaches to this answer)
11)[line 27](מכר) [מכרן](MACHAR) [MACHRAN]- if he sold [his Idis, Beinonis, and Ziburis]
12)[line 27]כאחדK'ECHAD- lit. at once; i.e., on one day (since, in every place other than Yerushalayim, the hour of the day is not recorded in a bill of sale; TOSFOS DH d'Ika)
13)[line 28]כולן נכנסו תחת הבעליםKULAN NICHNESU TACHAS HA'BE'ALIM- all of [the purchasers] take the place of the original owner [and he who purchased Idis pays the Nizak, he who purchased the Beinonis pays the creditor, and he who purchased Ziburis pays his divorced wife]
14)[line 29]אין לוEIN LO- if there is not [enough value in the last field sold to pay them all off]
15)[line 31]בבת אחתB'VAS ACHAS- all together; i.e., in one bill of sale (or, presumably, three different documents on one day)
16)[line 32]חד מינייהו קדיםCHAD MINAIHU KADIM- one of them came first [and purchased his field earlier in the day than the other two, and therefore should be exempt from paying the creditors of the seller]
17)[line 35]כל חד וחד אמר ליה, "הנחתי לך מקום לגבות ממנו"KOL CHAD V'CHAD AMAR LEI, "HINACHTI LECHA MAKOM LI'GVOS MIMENU"- each one [of the first two purchasers] can say to [the creditors], "I left you a place to collect from"
18)[line 40]ליתו כולהו וליגבו מעידיתLEISU KULHU V'LIGVU ME'IDIS!- let them all come and collect from the Idis [even against the will of the purchaser, since it was the final parcel of land to be sold]!
19)[line 41]אי שתקיתו ושקליתו כדינייכו, שקליתוIY SHASKISU V'SHAKLISU K'DINAICHU, SHAKLISU- if [all of] you are silent and take according to what you would normally receive, fine
20)[line 42]מהדרנא שטרא דזיבורית למריהMEHADRANA SHETARA D'ZIBURIS L'MAREI- I will return the bill of sale for the Ziburis to its owner [a) by hiding the bill of sale and claiming that I never bought it (TOSFOS DH Machran, RASHBA); b) by selling it back to him (ROSH, MEIRI)]
8b----------------------------------------8b
21)[line 1]בנזקין נמי נימא הכיB'NIZAKIN NAMI NEIMA HACHI- let him threaten the Nizak similarly [and force him to accept Beinonis instead of Idis]
22a)[line 2]ביתמי דלאו בני פרעון נינהוB'YASMEI D'LAV BNEI PERA'ON NINHU- with [a case in which he who owed the money died, leaving] orphans who are not obligated to repay their father's loan [since a) it would be as if they received the Ziburis after the death of their father, and is therefore unconnected to his debts (RASHI, TOSFOS DH bed'Yasmei); b) they are minors (RASHBA)]
b)[line 2]ושיעבודא דיליה עליה דידיה רמיאV'SHIBUDA DILEI ALEI DIDEI RAMYA- and the obligation of [the deceased] rests upon [the purchaser]
23)[line 5]אין נפרעין מנכסין משועבדים במקום שיש בני חוריןEIN NIFRA'IN MI'NECHASIM MESHUBADIM B'MAKOM SHE'YESH BNEI CHORIN- one may not collect from properties sold after a lien was established upon them when properties that still belong to the estate of he who owes money are available
24)[line 6]תקנתא דידיTAKANTA DIDI- my benefit; i.e., in order to protect purchasers
25)[line 8]אי אפשיIY EFSHI- I do not want
26)[line 10]איני ניזונית ואיני עושהEINI NIZONES V'EINI OSAH - I will neither collect payment for sustenance nor produce my earnings (MEZONOS)
(a)A man has certain obligations toward his wife. He is obligated in some of these mid'Oraisa, and some mid'Rabanan. Certain of these conditions of marriage are written into every Kesuvah (Jewish marriage contract; see Background to 7:36), and they are all enforced by Beis Din. His Torah obligations include:
1.One must provide his wife with marital relations (Shemos 21:10).
2.One must provide her with clothing.
3.One must provide her with sustenance (Mezonos).
(b)Some opinions maintain that these last two obligations are mid'Rabanan in nature (see Kesuvos 47b and RAMBAN ibid.). According to those who maintain that Mezonos is a Rabbinic institution, the Rabanan established a reciprocal institution as well. In return for that which one must support his wife, all of her earnings belong to her husband.
(c)The Amora'im differ over whether the primary object of this joint decree was to benefit the husband or to benefit the wife (Kesuvos 58b). Rav Huna, quoting his Rebbi Rav, maintains that the latter is true. Rava explains that since the wife is the main beneficiary, it is her prerogative to forgo her rights to Mezonos and in turn retain that which she acquires. This is referred to as her ability to say, "Eini Nizones v'Eini Osah" - "I do not wish to be supported nor to produce."
27)[line 11]פשיטאPESHITA- it is obvious that ...
28)[line 12]שייר עידית לפניוSHIYER IDIS LEFANAV- he left [the] Idis [that he had purchased last] before him (i.e., he didn't sell it)
29)[line 14]דמצי למימר להוD'MATZI L'MEIMAR LEHU- that [if they still belonged to him] he would have been able to say to them
30)[line 18]אתו כולהו גבו מעידיתASU KULHU GAVU ME'IDIS- they must all come and collect from [the] Idis [that now belongs to the second purchaser, since it was the last parcel of land sold and in this case the first purchaser does benefit from the Rabbinic decree]
31)[line 18]מה מכר ראשון לשני? כל זכות שתבא לידוMAH MACHAR RISHON L'SHENI? KOL ZECHUS SHE'TAVO L'YADO- what has the first [purchaser] sold to the second? All rights that he had enjoyed
32)[line 20]אגבי להוAGVEI LEHU- give them to collect from
33)[line 21]זבניZAVNEI- The correct Girsa appears to be "Zavan"
34)[line 30]רצה מזה גובה רצה מזה גובהRATZAH MI'ZEH GOVEH RATZAH MI'ZEH GOVEH- he may collect [Beinonis] from [Levi, since he may claim that Levi purchased the field that he held a lien upon] or [Ziburis] from [Shimon, since Shimon became responsible for Reuven's debts from when he purchased all of Reuven's lands]
35)[line 32]להכי דייקיL'HACHI DAIKI- it was for this reason that I was particular
36)[line 33]חזיאCHAZYA- fit
37)[line 35]דכוותיהD'CHAVASAEI- of equal value
38)[line 39]אחריותACHRAYUS - Insurance of a Sale or Debt
(a)"Achrayus" refers to a way of insuring the purchase of land or the repayment of a debt. If Achrayus is offered, then if the land must be returned (due to that which it was stolen or had had a previous lien upon it, for example) or if the borrower lacks money to repay his dept, then the purchaser or lender has the right to collect all (other) land that had been in the possession of the seller or borrower at the time that the bill of sale or debt was written. In such a case the property of the seller or borrower is "Meshubad" to the purchaser or lender from the time that the document was written. If the document does not offer Achrayus, then the purchaser or lender loses his investment (Bava Basra 44b).
39)[line 40]טרףTARAF- took as payment
40)[line 41]משתעי דינא בהדיהMISHTA'I DINA BA'HADEI- lit. to speak about the law with him; i.e., to act as his litigant [in that a) he may claim that he had already paid (or, presumable, that the loan document was forged) (RASHI); b) he may provide witnesses or go to the Sanhedrin (Jewish Supreme Court in Yerushalayim) when Shimon cannot (see TOSFOS DH Dina)]
41)[line 42]לאו בעל דברים דידי אתLAV BA'AL DEVARIM DIDI AT- You are not my litigant
42)[line 42]אי מפקת מיניה, עלי הדרIY MAFKAS MINEI, ALAI HADAR- if you seize [this land] from him, it will return to me [to reimburse, since I guaranteed it with Achrayus]
43)[line 45]תרעומתTAR'OMES- grievances
44)[last line]מכר שדה לשמעוןMACHAR SADEH L'SHIMON- sold a field to Shimon [and a) he did not yet perform any Kinyan (act of acquisition) (RASHI); b) he performed a Kinyan of either Shtar (transferal of a contract), Chazakah (any action normally performed by the owner of a field; see Background to Gitin 77:42), or Chalipin (barter; see Background to Nedarim 48:13) (TOSFOS to 9a DH mishe'Hichzik)]