Arakhin 43
אמר ליה
But R'Meir said "thirty days"? ' He answered: Thus did R'Hisda say: Many a beating did I receive from Abimi because of this [teaching]: If he is to proclaim on consecutive days, then [the period of proclamation] is thirty days; if on Mondays and Thursdays alone, then it is sixty days.<span class="x" onmousemove="('comment',' Until I learnt to understand its apparent contradictions. Abimi taught him that the property of orphans must be proclaimed on the view of R. Meir for sixty days. The disciple, however, knew the above cited Baraitha, that R. Meir limited it to thirty days and thus raised an objection against his Master's teaching. He had forgotten, however, the instruction offered by the same Master, according to which 'thirty days' referred to consecutive ones, whereas 'sixty days' were required if the proclamation took place only on Mondays and Thursdays. He could thus appreciate his colleague's bewilderment from his own experience of the difficulty.');"><sup>1</sup></span>
ששים
And although if you, Sir, were to count the days [of actual proclamation] it will be only eighteen,<span class="x" onmousemove="('comment',' In sixty days there are eight weeks, containing together sixteen Mondays and Thursdays. If the first week started with a Monday, the four remaining days would include one Monday and Thursday again, which would together amount to the eighteen days, during which the news of such proclamation is made.');"><sup>2</sup></span>
דיתומים
R'Johanan says: Either because of a document of indebtedness bearing interest, or because of the kethubah of a woman [so as to save from further payment] on account of her.<span class="x" onmousemove="('comment',' Which likewise consumes the orphans' property. As long as the widow does not collect her kethubah she receives her maintenance from the property of the orphans.');"><sup>3</sup></span>
אמר ליה הכי אמר רב חסדא
We learnt: [THE PROPERTY] OF ORPHANS WHICH HAS BEEN VALUED [MUST BE PROCLAIMED FOR] THIRTY DAYS, AND [THE PROPERTY OF] THE SANCTUARY WHICH HAS BEEN VALUED [FOR] SIXTY DAYS; THE PROCLAMATION MUST BE MADE IN THE MORNING AND IN THE EVENING.
ורב אסי מ"ט לא אמר לכתובת אשה
Now this will be right in accord with R'Johanan who will interpret it as referring to the case of a woman's kethubah; but according to R'Assi it is a difficulty? - R'Assi will answer you: But even according to R'Johanan, is it in order?
ואידך
which definitely causes them loss, and take up the proclamation, concerning which we do not know if it will show profit or not?<span class="x" onmousemove="('comment',' Whether it will fetch a higher price than that valued. Why not then sell the property immediately without waiting for the period of proclamation to expire?');"><sup>9</sup></span>
זימנין דלא ספקה
- This is no difficulty: the case speaks of one who demands her kethubah in court,<span class="x" onmousemove="('comment',' She loses her alimony on making such a claim, therefore the orphans suffer no loss during the period of waiting for the payment of her kethubah, due to the effort to sell their property through proclamation.');"><sup>10</sup></span>
במאי עסקינן
If so, we should not attend to her at all? - Since we attended to her at the beginning, we attend to her at the end as well.<span class="x" onmousemove="('comment',' It is but fair that since we took care to see that as a consequence of her having presented her claim for the kethubah, she loses her alimony, thus benefitting the orphans, we should also help her in obtaining her kethubah, because of the claim of which she lost the alimony.');"><sup>11</sup></span>
אלא פשיטא בבעל חוב ישראל
[No!] Indeed I can maintain that the case is one of a heathen creditor, but the reference is to one who accepted to have his case dealt with in accord with Israelite law.<span class="x" onmousemove="('comment',' And consequently be willing to wait for the end of the proclamation period.');"><sup>12</sup></span>
אלא כיון דאיזדקקינן לה מעיקרא מיזדקקין לה לבסוף
It will be in accord with R'Meir who holds that a woman's kethubah is collectable from a land of average quality, but if from orphans' property, only from worst land.<span class="x" onmousemove="('comment',' V. supra 21b.');"><sup>15</sup></span>
מ"מ לרב אסי קשיא
At any rate, according to R'Assi, the difficulty stands! [No indeed I can maintain that we deal with the case of a heathen creditor, but it refers to one who has accepted upon himself that the case be dealt with according to Jewish law.
במאי עסקינן
but on the view of R'Assi it will present a difficulty! - [We speak here of the case] where the debtor<span class="x" onmousemove="('comment',' The father of the orphans admitted the debt on his deathbed and charged the children to pay it.');"><sup>18</sup></span>
אלא דלא אכיל ריביתא וקתני
Meramar collected the kethubah of a divorced woman from the orphans' property, whereupon Rabina said to him: But Rab Judah has said in the name of R'Assi: One must not distrain upon the property of orphans, except if interest was consuming it.
בשלמא לרבי יוחנן מוקי לה בכתובת אשה אלא לרב אסי קשיא
And even R'Johanan was including only [the case of] a widow, because her alimony causes them loss, but not in the case of a divorce?<span class="x" onmousemove="('comment',' Who does not receive any alimony. so that the orphans suffer no loss.');"><sup>20</sup></span>
כתובת אשה בבינונית ומיתמי בזיבורית
R'Huna the son of R'Joshua said: We say he might have left bundles as security.<span class="x" onmousemove="('comment',' The father gave the creditor bundles of valuables as security, whereof his orphans would not, or need not, know.');"><sup>23</sup></span>
לעולם בבעל חוב עובד כוכבים שקיבל עליו לדון בדיני ישראל
- When he who owes admitted the debt, or if he was excommunicated and dies in the state of excommunication.<span class="x" onmousemove="('comment',' The court excommunicated the orphans' father for failure to pay his debts, he died whilst still excommunicated. There is no reason for suspecting his having secured the creditor's debt with a bundle of valuables, for if he had been willing to pay he would rather have done it through the court in order to win cancellation of his excommunication. The orphans in this case would have to pay, though on the first reason they would still be exempt.');"><sup>25</sup></span>