## Ketubot Daf 109b

###### Ketubot 109b:1
[Ketubot 109b:1](https://torahapp.org/share/book/Ketubot/r/109b:1)

אֲבָל הַדַּיָּינִין חוֹתְמִים אַף עַל פִּי שֶׁלֹּא קְרָאוּהוּ.

**William Davidson Edition - English:**
**However, judges do sign a document even though they have not read it,** as they are merely certifying the signatures without relating to the content of the document at all.


###### Ketubot 109b:2
[Ketubot 109b:2](https://torahapp.org/share/book/Ketubot/r/109b:2)

עֲשָׂאָהּ סִימָן לְאַחֵר. אָמַר אַבָּיֵי: לֹא שָׁנוּ אֶלָּא לְאַחֵר, אֲבָל לְעַצְמוֹ — לֹא אִיבֵּד אֶת זְכוּתוֹ.

**William Davidson Edition - English:**
§ The mishna taught that if someone **established** a field **as a marker for another** field, everyone agrees that he has lost his right to contest its ownership. **Abaye said: They taught** this **only** in a case where he stated this in a document unrelated to the field in question, which was written **for another** person. **However,** if he established it as a marker **for himself,** when he was buying a different field owned by the person who is in possession of the contested field, he has **not lost his right.**


###### Ketubot 109b:3
[Ketubot 109b:3](https://torahapp.org/share/book/Ketubot/r/109b:3)

דְּאָמַר: אִי דְּלָא עֲבַדִי לֵיהּ הָכִי לָא הֲוָה מְזַבֵּין לַהּ נִיהֲלִי, מַאי אִית לָךְ לְמֵימַר? אִיבְּעִי לִי לְמִימְסַר מוֹדָעָא — חַבְרָךְ חַבְרָא אִית לֵיהּ, וְחַבְרָא דְחַבְרָךְ חַבְרָא אִית לֵיהּ.

**William Davidson Edition - English:**
The reason is **that** the claimant can **say: Had I not done this** act of writing that the field belongs **to him, he would not have sold me this other** field. **What have you to say** against this argument? Will you say that **I should have put out a notice** and declared in the presence of witnesses that I am forced to write this way in the contract? I was concerned about doing this, as **your friend has a friend and your friend’s friend has a friend.** In other words, it is hard to keep an announcement of this kind secret, and ultimately my notice would have become public knowledge and would have reached the owner of the field himself, and he would have refused to sell me the other tract of land.


###### Ketubot 109b:4
[Ketubot 109b:4](https://torahapp.org/share/book/Ketubot/r/109b:4)

הָהוּא דַּעֲשָׂאָהּ סִימָן לְאַחֵר, עַרְעַר, וּשְׁכֵיב, וְאוֹקֵים אַפּוֹטְרוֹפָּא. אֲתָא אַפּוֹטְרוֹפּוֹס לְקַמֵּיהּ דְּאַבָּיֵי. אֲמַר לֵיהּ: עֲשָׂאָהּ סִימָן לְאַחֵר אִיבֵּד אֶת זְכוּתוֹ.

**William Davidson Edition - English:**
§ The Gemara relates: There was **a certain** individual **who established** a field **as a marker for another** field, with ownership of the first field ascribed to someone else. Later he **contested** the ownership of the first field, claiming it as his own, **and** he subsequently **died. And** prior to his death he had **appointed a steward** to manage the properties of his orphans. **The steward came before Abaye.** Abaye **said to him:** The deceased **established** the field **as a marker for another, and** therefore **he has lost his right** to contest ownership of the land.


###### Ketubot 109b:5
[Ketubot 109b:5](https://torahapp.org/share/book/Ketubot/r/109b:5)

אֲמַר: אִי הֲוָה אֲבוּהוֹן דְּיַתְמֵי קַיָּים, הֲוָה טָעֵין וְאָמַר: ״תֶּלֶם אֶחָד עָשִׂיתִי לָךְ״. אֲמַר לֵיהּ: שַׁפִּיר קָאָמְרַתְּ. דְּאָמַר רַבִּי יוֹחָנָן, אִם טָעַן וְאָמַר ״תֶּלֶם אֶחָד עָשִׂיתִי לָךְ״ — נֶאֱמָן. זִיל הַב לֵיהּ מִיהַת תֶּלֶם אֶחָד.

**William Davidson Edition - English:**
The steward **said** to Abaye: **If the father of** these **orphans were alive he would have claimed and said: I established one furrow** for **you.** In other words, the marker I established by means of this field was not meant as a reference to the entire field but only to a furrow at the edge of the field. Abaye **said to him: You have spoken well, as Rabbi Yoḥanan said: If he claimed and said: I established one furrow** for **you, he is deemed credible. Go** and **give him one furrow in any event,** as you freely admit that at least one furrow belongs to the one currently in control of the property.


###### Ketubot 109b:6
[Ketubot 109b:6](https://torahapp.org/share/book/Ketubot/r/109b:6)

הֲוָה עֲלַהּ רִיכְבָּא דְּדִיקְלֵי, אֲמַר לֵיהּ: אִי הֲוָה אֲבוּהוֹן דְּיַתְמֵי קַיָּים, הֲוָה טָעֵין וְאָמַר, חָזַרְתִּי וְלָקַחְתִּי מִמֶּנּוּ. אֲמַר לֵיהּ: שַׁפִּיר קָאָמְרַתְּ. דְּאָמַר רַבִּי יוֹחָנָן: אִם טָעַן וְאָמַר ״חָזַרְתִּי וּלְקַחְתִּיו מִמֶּנּוּ״ — נֶאֱמָן. אָמַר אַבָּיֵי: הַאי מַאן דְּמוֹקֵים אַפּוֹטְרוֹפָּא — נוֹקֵים כִּי הַאי דְּיָדַע לְאַפּוֹכֵי בִּזְכוּתָא דְיַתְמֵי.

**William Davidson Edition - English:**
**On that** particular furrow **there was a row of palm trees,** which the steward did not want to lose. **He said to** Abaye: **If the father of** these **orphans were alive he would have claimed and said:** I did in fact sell the field to him, but **I went back and bought** it **from him** sometime later. Abaye **said to him: You have spoken well, as Rabbi Yoḥanan said: If he claimed and said: I went back and bought it from him, he is deemed credible.** After the steward won his suit in court, **Abaye said: One who** wants to **appoint a steward should appoint** someone **like this** person, **who knows how to look out for the rights of the orphans** and how to argue on their behalf.


###### Ketubot 109b:7
[Ketubot 109b:7](https://torahapp.org/share/book/Ketubot/r/109b:7)

**מַתְנִי׳** מִי שֶׁהָלַךְ לִמְדִינַת הַיָּם וְאָבְדָה דֶּרֶךְ שָׂדֵהוּ. אַדְמוֹן אוֹמֵר: יֵלֵךְ לוֹ בִּקְצָרָה. וַחֲכָמִים אוֹמְרִים: יִקְנֶה לוֹ דֶּרֶךְ בְּמֵאָה מָנֶה, אוֹ יִפְרַח בָּאֲוִיר.

**William Davidson Edition - English:**
**MISHNA:** With regard to **one who went overseas and** in the meantime **the path** leading **to his field was lost,** e.g., the path he used to reach his land was taken over by the owner of the field through which it passed, so that its exact position is now unknown, **Admon says: Let him go** to his field **by the shortest** possible route. **And the Rabbis say: Let him buy himself a path** from an owner of a neighboring field at whatever price he can, even if it is **one hundred dinars [*maneh*], or let him fly through the air.**


###### Ketubot 109b:8
[Ketubot 109b:8](https://torahapp.org/share/book/Ketubot/r/109b:8)

**גְּמָ׳** מַאי טַעְמָא דְרַבָּנַן, שַׁפִּיר קָאָמַר אַדְמוֹן! אָמַר רַב יְהוּדָה אָמַר רַב: כְּגוֹן שֶׁהִקִּיפוּהָ אַרְבָּעָה בְּנֵי אָדָם מֵאַרְבַּע רוּחוֹתֶיהָ — אִי הָכִי, מַאי טַעְמָא דְאַדְמוֹן?

**William Davidson Edition - English:**
**GEMARA:** The Gemara asks: **What is the reason** for the opinion **of the Rabbis** that he is not automatically entitled to a path leading to his field? After all, **Admon speaks well,** as it was established that he owned a path beforehand. **Rav Yehuda said** that **Rav said:** The mishna is dealing with a case **where** the field **was surrounded on four sides by** the property of **four different people.** Each of the four properties adjoining his field belonged to a different person, each of whom denied that his path cut through his land. Since he is unable to prove his claim with regard to each one of them, he has no choice but to buy himself a new path. The Gemara asks: **If so, what is the reason** for the opinion **of Admon?**


###### Ketubot 109b:9
[Ketubot 109b:9](https://torahapp.org/share/book/Ketubot/r/109b:9)

אָמַר רָבָא: בְּאַרְבְּעָה דְּאָתוּ מִכֹּחַ אַרְבְּעָה, וְאַרְבְּעָה דְּאָתוּ מִכֹּחַ חַד — כּוּלֵּי עָלְמָא לָא פְּלִיגִי דְּמָצֵי מְדַחֵי לֵיהּ. כִּי פְּלִיגִי בְּחַד דְּאָתֵי מִכֹּחַ אַרְבְּעָה.

**William Davidson Edition - English:**
**Rava said:** In a case **where** there are **four** owners of fields **who come by virtue of four** previous owners, **and** in a case where there are **four** owners **who come by virtue of one** previous owner of all four properties, **everyone agrees that they** may **put off** the claims of the owner of the field in the middle, as each can say: Your path did not cut through my property. **When they disagree** is in a case **where** there is **one** current owner of four fields **who comes by virtue of four** previous owners.


###### Ketubot 109b:10
[Ketubot 109b:10](https://torahapp.org/share/book/Ketubot/r/109b:10)

אַדְמוֹן סָבַר: מִכׇּל מָקוֹם דַּרְכָּא אִית לִי גַּבָּךְ. וְרַבָּנַן סָבְרִי: אִי שָׁתְקַתְּ — שָׁתְקַתְּ, וְאִי לָא — מַהְדַּרְנָא שְׁטָרָא לְמָרַיְיהוּ וְלָא מָצֵית לְאִשְׁתַּעוֹיֵי דִּינָא בַּהֲדַיְיהוּ.

**William Davidson Edition - English:**
Rava elaborates: **Admon holds** that the claimant can say to the landowner: **In any case, I have a path through your** property. Although he cannot prove where the path ran, it was certainly within the perimeter of the landowner’s property that borders his own tract of land, and for this reason he selects the shortest route. **And the Rabbis hold** that the landowner can say to the man: **If you will stay silent,** then **stay silent** and we will compromise; **and if not, I will return the document** of each field **to its** previous **owner and you will not be able to negotiate with them,** as you do not know through which field your path passed.


###### Ketubot 109b:11
[Ketubot 109b:11](https://torahapp.org/share/book/Ketubot/r/109b:11)

הָהוּא דַּאֲמַר לְהוּ: דִּיקְלָא לִבְרַת. אֲזוּל יַתְמֵי פְּלוּג לְנִכְסֵי, לָא יְהַבוּ לַהּ דִּיקְלָא. סְבַר רַב יוֹסֵף לְמֵימַר: הַיְינוּ מַתְנִיתִין.

**William Davidson Edition - English:**
§ The Gemara relates: There was **a certain** man **who said to** his heirs, in his will: I am leaving **a palm tree for my daughter. The orphans went** and **divided up the property** and **they did not give** the daughter **a palm tree** at all. **Rav Yosef thought to say that this is** exactly like the case of **the mishna,** as each heir can say to her: The tree designated for you is not in my portion but in that of a different heir.


###### Ketubot 109b:12
[Ketubot 109b:12](https://torahapp.org/share/book/Ketubot/r/109b:12)

אֲמַר לֵיהּ אַבָּיֵי: מִי דָּמֵי? הָתָם כֹּל חַד וְחַד מָצֵי מְדַחֵי לֵיהּ, הָכָא דִּיקְלָא גַּבַּיְיהוּ הוּא. מַאי תַּקַּנְתַּיְיהוּ? לִיתְּבוּ לַהּ דִּיקְלָא וְלֶיהְדְּרוּ וְלִיפַּלְגוּ מֵרֵישָׁא.

**William Davidson Edition - English:**
**Abaye said to him: Are** the cases **comparable? There, each and every one** of the fields’ owners **can put him off,** as in fact the path might not have passed through his property, whereas **here, the palm tree is in their** possession, i.e., they all share the obligation to give her a tree, and each is illegally holding on to a share of it. Abaye adds: **What is their remedy? Let them give her a palm tree and go back and divide** the inherited property once again **from the outset.** Since the palm tree will be taken from one of the shares, they must redistribute the estate afresh.


###### Ketubot 109b:13
[Ketubot 109b:13](https://torahapp.org/share/book/Ketubot/r/109b:13)

הָהוּא דַּאֲמַר לְהוּ: דִּיקְלָא לִבְרַת. שְׁכֵיב וּשְׁבַיק תְּרֵי פַּלְגֵי דְּדִיקְלָא.

**William Davidson Edition - English:**
The Gemara relates a similar story: There was **a certain** man **who said to** his heirs, in his will: I am leaving **a palm tree for my daughter. He died and left behind two halves of palm trees,** as there had been two trees he had shared with different business partners. The heirs wished to give the girl these two halves, despite the fact that tending to them would involve considerably more trouble than taking care of a single tree.


###### Ketubot 109b:14
[Ketubot 109b:14](https://torahapp.org/share/book/Ketubot/r/109b:14)

יָתֵיב רַב אָשֵׁי וְקָא קַשְׁיָא לֵיהּ: מִי קָרוּ אִינָשֵׁי לִתְרֵי פַּלְגֵי דִּיקְלֵי דִּיקְלָא, אוֹ לָא? אֲמַר לֵיהּ רַב מָרְדֳּכַי לְרַב אָשֵׁי: הָכִי אָמַר אֲבִימִי מֵהַגְרוֹנְיָא מִשְּׁמֵיהּ דְּרָבָא: קָרוּ אִינָשֵׁי לִתְרֵי פַּלְגֵי דִּיקְלֵי דִּיקְלָא.

**William Davidson Edition - English:**
**Rav Ashi sat and posed a difficulty to** the proposal of the heirs. **Do people refer to two halves of a palm tree** as a whole **palm tree or not?** If the statement of the dying father can reasonably be interpreted as referring to these two halves she is at a disadvantage, as the burden of proof rests upon the claimant. Alternatively, if this is an unreasonable explanation of his wishes, they must give her a whole tree. Which alternative is correct? **Rav Mordekhai said to Rav Ashi: Avimi of Hagronya said as follows in the name of Rava: People do** in fact **refer to two halves of a palm tree as** a whole **palm tree.** Consequently, the heirs may fulfill their father’s dying wish by giving the girl the two halves they inherited.