Un homme qui consacre ses biens au fonds du Temple alors qu'il est toujours responsable de la ketubah de sa femme ou endetté envers un créancier, la femme ne peut pas récupérer sa ketubah sur la propriété consacrée ni le créancier sa dette. Au contraire, celui qui les rachète doit racheter dans le but de payer à la femme sa ketubah ou au créancier sa dette. S'il avait consacré quatre-vingt dix maneh de propriété et qu'il devait cent maneh , alors il [le créancier] doit ajouter un dinar de plus et il rachète la propriété dans le but de payer la ketouba à la femme ou la dette envers le créancier.
Bartenura on Mishnah Arakhin
והיתה עליו כתובת אשה – as for example that the divorce of his wife preceded the dedication of property to the Temple, for now there is no conspiracy to defraud and divide the profits (see Tractate Arakhin 23a).
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English Explanation of Mishnah Arakhin
Introduction
Today’s mishnah continues to deal with the case of a husband who dedicates his property to the Temple while still owing his wife her ketubah money.
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Bartenura on Mishnah Arakhin
אלא הפודה פודה – her husband redeems them from the property of the Temple cheaply for a small amount in order to pay the woman her Ketubah settlement, for certainly the dedication to the Temple does not take effect on them, for they are not his. And this is a small amount, as a decree, lest they say that what is dedicated to the Temple goes out to become unconsecrated without redemption.
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English Explanation of Mishnah Arakhin
A man who dedicates his possessions to the sanctuary while he is still liable for his wife's kethubah or in debt to a creditor, the wife cannot collect her ketubah from the consecrated property nor the creditor his debt. Rather he who redeems them must redeem for the purpose of paying the wife her ketubah or the creditor his debt. As I stated in the explanation to yesterday’s mishnah, when a man dedicates his property to the Temple and has a prior debt to his wife or a creditor the wife and creditor must certainly receive their due. However, they do not simply collect from sanctified property, because sanctified property cannot become non-sacred without being redeemed. Rather, what needs to happen is that the person who redeems the property must pay more than the value of the debt or ketubah. Then the money for the debt or ketubah goes to the creditor or to the woman and the property becomes non-sacred. The extra money will go to the Sanctuary.
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Bartenura on Mishnah Arakhin
הקדיש תשעים והיה חובה מאה – even though his liability is larger than that which he dedicated to the Temple, we don’t say that it was not the intention that these possessions would be borrowed but rather he is completely believed therefore he did not collect that which was dedicated to the Temple. But we state that it was the intention that these possessions were borrowed, and he collected from them. And up to how much? Up to one half. But if the possessions that he dedicated to the Temple are not worth half of the liability, he does not collect from them, for it was not with the intention of these properties that he borrowed, for a person is not used to purchasing land for more than double than it is worth.
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English Explanation of Mishnah Arakhin
If he had dedicated ninety maneh, worth of property, and he owed one hundred maneh, then he [the creditor] must add one dinar more and he redeems the property for the purpose of paying the ketubah to the wife or the debt to the creditor. In this case, there is a problem because if the person redeeming the property gives the ketubah to the wife or the debt to the creditor, nothing will be left over for the Sanctuary. In a sense, the person is not redeeming the property but rather just purchasing it from the woman or creditor. To avoid this, the redeemer must pay an extra dinar, over the amount owed to the woman or to the creditor. In this way, the Sanctuary will receive at least some money.
