Se houvesse uma propriedade em potencial [como mercadoria nas mãos de outros ou um empréstimo], ela não é considerada como "mantida". [Não é considerado como se estivesse em sua mão (do pai) para que um "dinar adicional" seja obtido. R. Shimon diz: Mesmo se houvesse propriedade não vinculada [isto é, bens móveis] lá, isso é tão inútil—até que haja propriedades encadernadas [terra] que valham um dinar mais que os dois cetubotes. [E a halachá está de acordo com R. Shimon. E mesmo hoje em dia, quando a propriedade dos órfãos é mantida vinculada ao devedor, os "filhos do sexo masculino" kethubah obtém não com propriedade, mas com terra.]
Bartenura on Mishnah Ketubot
היו שם נכסים בראוי – as for example, merchandise that is in the hands of others or a loan.
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English Explanation of Mishnah Ketubot
Introduction
This mishnah is a continuation of the previous mishnah, which dealt with ketuboth benin dichrin. As we learned yesterday, ketuboth benin dichrin may not be collected if by there collection there would remain no money for the inheritance.
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Bartenura on Mishnah Ketubot
אינן כבמוחזק – they are not considered to be as if they are in possession in his hand and there is here and there is an excess of a Denar.
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English Explanation of Mishnah Ketubot
If there was property that would soon belong to the estate, it is not [regarded] as [property held] in possession. If there was not enough in the father’s estate to cover both “ketuboth benin dichrin”, the mothers’ ketuboth that the sons wish to inherit, then the inheritance is split evenly between all of the sons. Our mishnah teaches that the estate is not considered to include property that is not currently in its possession. This refers to an inheritance that will soon fall to the estate, for instance from the grandfather, or money that the father had loaned to others and had not yet been collected. Although this money will too eventually be divided up between the heirs, since it is not currently available, and indeed there is always the possibility that the money will never come to the estate, it is not considered into the equation.
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Bartenura on Mishnah Ketubot
שאין להם אחריות – movable possessions.
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English Explanation of Mishnah Ketubot
Rabbi Shimon says: even if there was movable property it is not regarded unless there was real estate worth one denar more than [the total amount of] the two kethuboth. Rabbi Shimon says that the extra denar which must exist in order for the ketuboth benin dichrin to be collected must be in land and cannot be in movable property.
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Bartenura on Mishnah Ketubot
שיש להם אחריות – land/property and the Halakha is according to Rabbi Shimon and even at this time where we have the practice that movable property of the orphans is mortgaged to the creditor, the Ketubah of male issue is not practiced with movable possessions, but only with land/property.
