Mishnayos Eruchin Perek 6 Mishnah 1

שום היתומים –([the proclamation of the sale of goods of] orphans evaluated [by the court to meet the father’s debt]) – a Jewish court that goes down into the property of orphans to sell them to cause to be collected to the creditor, we estimate the property/land and announce it thirty consecutive days one after another: “all who wish to take it should come and take.” But if they wanted, they announce for sixty days every Monday and Thursday, and this is more preferable. For even though that they considered every Monday and Thursday that are part of the sixty days from the beginning of the second day of the first public announcement, they did not find other than eighteen days; nevertheless, this is preferable since the matter drags on/stretches a lot more than they know and hear about.

ושום הקדש – a person who dedicates an acquired field [to the Temple] which is redeemed with money according to what it is worth.

בבוקר ובערב – at the time when the workers go out [to work] and at the time when they go home. For if there those who desire to sell it, he tells the workers at the time they go out [to work]: “See for me a particular field if it is nice,” and at the time when they go home, when he hears the public announcement, he recalls and goes and asks them. But when they make the announcement, they say: “This particular field – that such-and-such are its signs/marks [of identification], such and such are its pathways, such is how it makes grain and such the Jewish court has provided an estimate of it. And if they sell it for the [payment of] the Ketubah of his wife, they state: “The purchaser will buy it on the condition that he (i.e., the seller) will give the monies for the Ketubah of his wife.” But if they sell it for the creditor, they state: “On the condition that he gives the monies to the creditor.” Because there is a purchaser that it is pleasant for him to purchase it in order to pay the woman that he married bit by bit, and there is a case where it is more pleasant for him to pay the creditor who takes defective and broken Zuzim (i.e., coins), for it is not the manner of merchants to be so exacting in this. But even though we hold that the Jewish court does not require the property of orphans to sell them, and here (i.e., in this Mishnah) it is taught that “[the proclamation of the sale of goods of] orphans evaluated [by the court to meet the father’s debt] is thirty days,” that implies that the Jewish court does sell the property of orphans. But we state that only for three things does the Jewish court need to sell the property of orphans: a heathen creditor that their father owed him, and that interest [payments] eat up [their settlement], and on the Ketubah of a wife because there is ample provision for the orphans when she collects her Ketubah/marital settlement, for all the while that she didn’t collect her Ketubah settlement she has provisions/alimentation from the orphans; once she collects her Ketubah settlement, she no longer has alimentation. And on a debt that their father admitted to/acknowledged at the time of his death that someone has [a claim] of a Maneh, or that the Jewish court excommunicated him on this debt and he died in his being excommunicated, or that the time had not yet arrived at the time of his death for repayment of the debt, for a person does not act in the midst of its time, and when the Jewish court needs the property of the orphans for these things, they appoint for them an administrator (or guardian) and they sell it through public announcement, as is taught in our Mishnah. But these words apply with regard to land, but regarding movables, now that we hold that movables of orphans can be mortgaged to a creditor, the creditor needs to take an oath and collect his lien from the movables and there is no need for public announcement, for we don’t make public announcements on either slaves nor on documents nor on movable properties.

ידירנה הנאה – with the knowledge of the many a vow that has no releasing/loosening [from the vow], so that he will never return her [as his wife] ever, for perhaps through a subtlety, he divorces her in order that she can collect her Ketubah settlement from that which was dedicated to the Temple.

קנוניא (a conspiracy to defraud and divide the profits) – a subtlety.

ר' יהושע אומר אינו צריך – Rabbi Eliezer and Rabbi Yehoshua do not disagree here if a person performs a conspiracy on something dedicated to the Temple to defraud and divide the profits or not, both of them admit regarding a person that is on his deathbed, that always, he would not perform a conspiracy on something dedicated to the Temple, for a person does not sin regarding something that is not his. But regarding someone healthy, they both admit that he does make a conspiracy on something dedicated to the Temple. What they do disagree on is on a question [to a Sage] of dedication of something to the Temple for Rabbi Eliezer holds that they do not appear before a Sage regarding a question of dedicating something to the Temple, and even if he states to the Sage that it was not for this purpose that he vowed and the dedication to the Temple is in error, even so, the Sage cannot release his vow, for Rabbi Eliezer holds that a dedication done to the Temple in error is a valid dedication, and because this person making a dedication cannot find a Sage who will release him, he performs this conspiracy. But Rabbi Yehoshua holds that they do appear before a Sage regarding someone who dedicates something to the Temple [who wants to be released] for he states that it was not for that purpose that I made the vow and I errored, they release him, for something dedicated to the Temple in error is not a dedication to the Temple. Therefore, he does not have to take a vow [against] deriving any benefit, for if it was for making a conspiracy that he did it, he would come [before a Sage] to be absolved of his vow and he would not have to divorce her. And he Halakha is according to Rabbi Yehoshua.

הערב לאשה בכתובתה – and the husband lacks property and needs a guarantor to pay off her Ketubah settlement. The guarantor should not pay her Ketubah settlement until the husband first makes her take a vow that he will not be able to take her back [as his wife]. For we suspect lest it is his intention to take her back and to consume her Ketubah settlement after she collects it from the guarantor. And the legal decision in the law of the guarantor of the Ketubah is explained at the end of [Tractate] Bava Batra [Chapter 10, Mishnah 7].