הכותב לאשתו דין ודברים אין לי בנכסיך – while she still is betrothed, he (i.e., the future husband) writes her: “When you marry me, I have [no] claims whatsoever on your property,” even though they were not acquired from him , she an sell them and give them and her sale is valid , for an inheritance that comes to a person of from another place, a man may make a condition upon her that she will not inherit it, and if they acquired I from her, even after she has married, her sale is valid, but he consumes the usufruct, and if she dies, he inherits her, for that is the implication of: “I have no claims on your property,” but their usufruct, I have a claim and as long as they are your property while you are alive, I have no claim on them – but after death, I have a claim on them.

רבי יהודה אומר לעולם הוא אוכל פירי פירות – In the Gemara (Tractate Ketubot 83b), it explains what is usufruct and what is usufruct of the usufruct (i.e., produce vs. yield of the produce)? If she brought in [to the marriage] land and it produced fruit/usufruct, these are usufruct. If he sold these fruits/usufruct and purchased with them fields and they produced fruit/usufruct, these are yield of the produce/usufruct of the usufruct. And when he said to her, I have no claim against your property and their usufruct alone, he can consume the usufruct of the usufruct , according to the words of Rabbi Yehuda, he did not remove himself other than from the usufruct/produce alone and the Halakha is according to Rabbi Yehuda.

רשב"ג אומר אם מתה יירשנה מפני שמתנה על מה שכתוב בתורה – as it is written (Numbers 27:11): “[If his father had no brothers, you shall assign his property to his nearest relative in his own clan,] and he shall inherit it.” From here [we learn] that the husband inherits his wife, but the final result of the matter is that the inheriting of wife by her husband is not from the Torah, but rather from the Rabbis, and the Biblical verse is a mere support, but nevertheless, the Halakha is according to Rabban Shimon ben Gamaliel not because it makes a condition against what is written in the Torah, but rather because the Sages made it stringent measure for the protection of the law (i.e., the Written Torah).

ינתנו לכושל שבהן – there are those who interpret it as one whose promissory note was postdated (which is not disqualified necessarily by the Sages, provided that the lender was willing to accept it – as it presents no opportunity for defrauding other creditors) which is the weakest and with legal disadvantage of them all, for he cannot seize properties for a debt that precede it, and there are those who interpret that is for the Ketubah of a wife and it is called weak, and it is not her manner to return after the property of the dead and to request where he has land like the man. And even tough movables of orphans are not mortgaged to the creditor nor to the Ketubah of a woman, here, where they are not in their domain, he leaves them, Rabbi Tarfon holds that we remove them from the hand of the borrower or from the hand of the one holding the deposit and give them to creditor and for the Ketubah.

ינתנו ליורשים – possession does not take effect.

שכולן צריכין שבועה – for a person who comes to collect from the property of orphans, he should not collect without an oath, and all the while that they did not take an oath, we don’t known if they have anything against him; therefore, when the dead person dies, he orphans took possession of them and they are in their domain.

כל הקודם בהם זכה – if the heirs came earlier, they take possession and we don’t remove it from their hands for orphans’ movables are not mortgaged to a creditor or for a Ketubah. If one of them – the wife or the lender he takes possession, [for Rabbi] Tarfon holds that taking possession after death has legal effect.

זכתה אשה יותר על כתובתה – if she got there ealier and took hold of it and it has more than [the value of] the Ketubah or the creditor arrived first and seized it and there is more than the lien [due him].

המותר – should be given to the weakest. This owner of the document whose had is at a disadvantage, if it were to come into the hand of the orphans, furthermore, he cannot remove it from them – neither the wife nor the creditor. But nowadays, we have the practice in all Jewish courts throughout Israel that possessions of the orphans are mortgaged to the creditor; a person who died and left movables, and he had on them a creditor and the Ketubah of a wife , all who comes first gained possession, whether the creditor was early or whether the creditor was later, for there is no antecedent with regard to movables. But if none of them came early, they divide the movables between themselves , as we state further on in Chapter [Ten, Mishnah 2) “He who was married.”

חנונית – to sell and to buy in the store

אפוטרופא – to deal with his money and engage in business.

משביעה כל זמן שירצה – an oath like that of the Torah on a claim of perhaps, and he is able to assess her that she did not make a fraudulent representation/overcharging regarding her spindle and her dough.

... but the Halakha is not according to Rabbi Eliezer.

משביע הוא את יורשיה – if he divorced her or she died and her heirs claim from him her Ketubah, they take the oath of heirs that she did not deposit anything with us at the time of death nor say to us anything before then and we did not find among her documents that the document of her Ketubah had been paid off.

ואת הבאים ברשותה – if she sold her Ketubah to others and she was divorced or died and the purchaser of mortgaged property claim her Ketubah, even they are bound to swear the oath of heirs.

אבל יורשיו משביעין אותה – if she became a widow and he or her heirs collect money from the orphans, they require an oath, for they are not exempted other than from him, if she collects her Ketubah settlement during his lifetime.

לבאין ברשותי – if I sell my property and you come to collect from the bought properties.

והלכה מקבר מעלה – this one who exempted her husband from the oath.

לבית אביה – who did not engaged further in property.

אין היורשים משביעין אותה – with what she had engaged in between death and the burial for if the heirs are able to cause her to take an oath on this while she needs to bring witnesses in what she is selling and buying for the needs of the burial of the dead, the dead body will be delayed [from being buried] and will be disgraced.

על העתיד לבוא – she did not delay in her hands at all from the business that was done by the guardian upon him after the burial of her husband and he did not benefit from his exemption, for the property belongs to the orphans.

על שעבר – on the business that was during the lifetime of her husband.

לא תפרע אלא בשבועה – a person who collects payment from his colleague is not exacting to pay attention of what he has collected and this since he was paid in part, it is possible that he was paid in full, and the Rabbis placed upon him an oath in order that he pay special attention.

עד אחד מעיד שהיא פרועה לא תפרע אלא בשבועה – it is the ordinance of the Sages in order to appease the mind of the owner and these oaths, even though they are the ordinance of the Sages, they are not other than like that of the Torah, in seizing an object for all of the oaths that the Sages ordained are like those of the Torah.

מנכסים משועבדים – because if he would collect from the borrower himself, the borrower would claim: “swear to me that I have not paid you,” we cause him to take an oath and we make a claim because of the mortgaged properties, for perhaps, if you had collected the borrower, he would claim against you: “swear to me that I have not paid you and you require that I should also take an oath now.”

רבי שמעון – This [statement] refers to what is above (see Mishnah 4), referring to the Rabbis who stated that a person sets up his wife as a storekeeper or appointed her as a guardian, he may impose upon her an oath [that she has not misappropriated any of his property any time that he wants, and if he wrote her: “I don’t nor do my heirs have a vow or an oath against you,” the heirs cannot cause her to take an oath. And he comes to dispute and state that whenever she claims her Ketubah, the heirs force her to take an oath and even if he wrote her that neither he nor his heirs have on her a vow or an oath, if she does not claim her Ketubah, the heirs cannot force her to take an oath on being a guardian during the lifetime of her husband, and even if he did not exempt her from the oath, for Rabbi Eliezer and his dispute (even on her spindle and on her dough, they may force her to take an oath) that we stated above (see the end of Mishnah 4), that we force her to take an oath whenever he wants, and the Halakha is not according to Rabbi Shimon.

הוציאה גט ואין עמו כתובה – in a place where they don’t write a Ketubah, and they rely upon the stipulation of the Jewish court.

גובה כתובתה – for it is a stipulation of the Ketubah is an act of the Jewish court and all acts of the Jewish court are like one that holds a document. And specifically, one that is a Maneh or two hundred [Zuz] is collected, but the supplement has no testimony that she should remove the document of the Ketubah.

פרוזבול – Hillel ordained Prozbul in order that the seventh year would not cancel [a debt] forhe would transfer his documents to the Jewish court which would collect from the borrower his obligation all the while that he would make a claim against him, for now we do not call him (Deuteronomy 15:2): “he shall not dun [his fellow or kinsman, for the remission proclaimed is of the LORD],” for he does not claim anything but rather, the Jewish court makes a claim against him.

הרי אלו א יפרעו – we suspect lest her Ketubah [settlement] was already collected, and [regarding Prozbul] the seventh year caused the release from debt.

מן הסכנה – that the heathens decreed against [performance of] the commandments, and they were afraid to keep their Jewish bills of divorce and when she would receive it, she would burn it and similar with their Prozbul documents.