Arakhin 6:2-3
משנה ערכין ו:ב-ג
Seder: Kodashim | Tractate: Arakhin | Chapter: 6
📖 Mishna
Mishna 6:2
משנה ו:ב
Hebrew:
הַמַּקְדִּישׁ נְכָסָיו וְהָיְתָה עָלָיו כְּתֻבַּת אִשָּׁה וּבַעַל חוֹב, אֵין הָאִשָּׁה יְכוֹלָה לִגְבּוֹת כְּתֻבָּתָהּ מִן הַהֶקְדֵּשׁ, וְלֹא בַעַל חוֹב אֶת חוֹבוֹ, אֶלָּא הַפּוֹדֶה פוֹדֶה עַל מְנָת לִתֵּן לָאִשָּׁה כְּתֻבָּתָהּ וּלְבַעַל חוֹב אֶת חוֹבוֹ. הִקְדִּישׁ תִּשְׁעִים מָנֶה וְהָיָה חוֹבוֹ מֵאָה מָנֶה, מוֹסִיף עוֹד דִּינָר וּפוֹדֶה בוֹ אֶת הַנְּכָסִים הַלָּלוּ, עַל מְנָת לִתֵּן לָאִשָּׁה כְּתֻבָּתָהּ וּלְבַעַל חוֹב אֶת חוֹבוֹ:
English:
In the case of one who consecrates his property and there was an outstanding debt of the marriage contract of his wife and of a creditor, the woman may not collect the payment of her marriage contract from the Temple treasury, nor may the creditor collect his debt. Rather, the one who redeems the property redeems it for a cheap price in order to give the woman her marriage contract payment and the creditor his debt. For example, if one consecrated property worth nine thousand dinars and his debt was ten thousand dinars, leaving no property for redemption, the creditor lends an additional dinar to the debtor and the debtor redeems the property with that dinar, in order to give the woman her marriage contract payment and the creditor his debt.
קלאוד על המשנה:
This mishna addresses a practical conflict between sacred and secular obligations. When someone consecrates all their property but owes debts—both to a wife (ketubah) and to a creditor—who has priority?
The mishna establishes a crucial principle: creditors cannot collect directly from the Temple treasury. The Temple is not a debtor and cannot be sued. Instead, a creative legal mechanism is employed: someone redeems the property from the Temple at a nominal price, on condition that they pay off the pre-existing debts.
The most striking case involves property worth less than the debt. If someone consecrated property worth 90 maneh but owes 100 maneh, how can redemption occur? The creditor himself lends an additional dinar to the debtor, who then “redeems” the property for just that one dinar. The creditor then collects the actual property (worth 90 maneh) toward his debt.
This mechanism serves multiple purposes: it respects the consecration (the Temple technically receives something), protects the creditor’s rights, and honors the wife’s ketubah claim. It demonstrates the Sages’ legal creativity in balancing competing sacred and commercial interests.
Key Terms:
- מקדיש נכסיו (Makdish Nekhasav) = One who consecrates his property
- כתובת אשה (Ketubbat Ishah) = Marriage contract; monetary obligation to wife
- בעל חוב (Ba’al Chov) = Creditor; one who is owed money
- הקדש (Hekdesh) = Consecrated property; Temple treasury
- פודה (Podeh) = Redeemer; one who buys back consecrated property
- מנה (Maneh) = A monetary unit equal to 100 dinars
Mishna 6:3
משנה ו:ג
Hebrew:
אַף עַל פִּי שֶׁאָמְרוּ, חַיָּבֵי עֲרָכִין מְמַשְׁכְּנִין אוֹתָן, נוֹתְנִין לוֹ מְזוֹן שְׁלשִׁים יוֹם וּכְסוּת שְׁנֵים עָשָׂר חֹדֶשׁ וּמִטָּה מֻצַּעַת וְסַנְדָּלִין וּתְפִלִּין. לוֹ, אֲבָל לֹא לְאִשְׁתּוֹ וְלֹא לְבָנָיו. אִם הָיָה אֻמָּן, נוֹתְנִין לוֹ שְׁנֵי כְלֵי אֻמָּנוּת מִכָּל מִין וָמִין. חָרָשׁ, נוֹתְנִין לוֹ שְׁנֵי מַעֲצָדִין וּשְׁתֵּי מְגֵרוֹת. רַבִּי אֱלִיעֶזֶר אוֹמֵר, אִם הָיָה אִכָּר, נוֹתְנִין לוֹ אֶת צִמְדּוֹ. חַמָּר, נוֹתְנִין לוֹ אֶת חֲמוֹרוֹ:
English:
Although the Sages said: With regard to those obligated to pay valuations, the court repossesses their property to pay their debt to the Temple treasury; nevertheless, the treasurer gives him permission to keep food sufficient for thirty days, and garments sufficient for twelve months, and a bed made with linens, and his sandals, and his phylacteries. The treasurer leaves these items for him, but he does not leave items for his wife or for his children. If the one obligated to pay was a craftsman, the treasurer gives him permission to keep two tools of his craft of each and every type, e.g., for a carpenter, the treasurer gives him permission to keep two adzes and two saws. Rabbi Eliezer says: If he was a farmer, the treasurer gives him permission to keep his pair of oxen with which he plows the field. If he was a donkey driver, the treasurer gives him permission to keep his donkey.
קלאוד על המשנה:
This mishna establishes one of the earliest known “bankruptcy exemption” laws—protecting a debtor’s basic necessities and livelihood even when collecting a sacred debt.
Basic Necessities: The debtor keeps food for 30 days, clothing for 12 months, a bed, sandals, and tefillin. These ensure survival and the ability to fulfill religious obligations. Interestingly, these exemptions apply only to the debtor himself, not his wife and children—a detail that reflects ancient legal priorities but would strike modern readers as harsh.
Tools of the Trade: The principle that a person must be able to earn a living is fundamental. A craftsman keeps two tools of each type—one to use while the other is being repaired, ensuring continuous work. A carpenter keeps two adzes (for shaping wood) and two saws.
Rabbi Eliezer’s Extension: Rabbi Eliezer argues that capital equipment necessary for livelihood—a farmer’s oxen, a donkey driver’s donkey—should also be exempt. These aren’t just tools; they’re the means of production without which the person cannot work at all.
The underlying principle is both practical and humane: there’s no point in collecting a debt if it destroys the debtor’s ability to ever repay future obligations or survive. Even sacred debts to the Temple don’t override basic human dignity and economic viability.
Key Terms:
- ממשכנין (Memashkenin) = They repossess; seizing property for debt
- מזון (Mazon) = Food; sustenance
- כסות (Kesut) = Clothing; garments
- תפילין (Tefillin) = Phylacteries; religious items worn during prayer
- אומן (Uman) = Craftsman; skilled worker
- מעצד (Ma’atzad) = Adze; woodworking tool
- מגרה (Megeirah) = Saw; cutting tool
- צמד (Tzemed) = Pair of oxen; yoked animals for plowing
- חמר (Chamar) = Donkey driver
