1)

(a)Rava asked whether Rebbi Yochanan ben Berokah's ruling ('Im Amar al Mi She'Ra'uy Leyorsho Devarav Kayamin') is confined to a Shechiv-Mera, or whether it also extends to a Bari. Why should there be a difference?

(b)To answer the She'eilah, Rav Mesharahaya cited a Beraisa with reference to Kesubas B'nin Dichrin. What is 'Kesuvas B'nin Dichrin'?

(c)What does the Mishnah in Kesuvos say about a case where Kesuvas B'nin Dichrin has been omitted from the Kesuvah? Will the wife's sons then not receive it?

(d)How did Rebbi Nasan in the Beraisa extrapolate from that Mishnah that Rebbi learned his Mishnah like Rebbi Yochanan ben Berokah?

(e)Why can the author of the Mishnah not be the Rabanan?

1)

(a)Rava asked whether Rebbi Yochanan ben Berokah's ruling ('Im Amar al Mi She'Ra'uy Leyorsho Devarav Kayamin') is confined to a Shechiv-Mera, or whether it also extends to a Bari who has not yet reached the stage of "ve'Hayah be'Yom Hanchilo es Banav".

(b)To answer the She'eilah, Rav Mesharahaya cited a Beraisa with reference to 'Kesuvas B'nin Dichrin' the condition that a husband writes in the Kesuvah, promising that the sons that his wife bears him will inherit her Kesuvah (over and above their regular portion of his inheritance), in the event that she dies before he does.

(c)The Mishnah in Kesuvos says that in the even if the Kesuvas B'nin Dichrin has omitted from the Kesuvah the wife's sons will nevertheless receive it.

(d)Rebbi Nasan in the Beraisa extrapolated from that Mishnah that Rebbi learned his Mishnah like Rebbi Yochanan ben Berokah because the Tana cites the Lashon of 'Kesuvas B'nin Dichrin/ as 'B'nin Dichrin di'Yehavyan Lichi Mina'i, Inun Yarsun Kesef Kesuvasech ... ' (permitting a man to bequeath to one of his sons at the expense of the others.

(e)The author cannot be the Rabbanan who hold that whatever is referred to as a Yerushah, the father does not have the authority to bequeath to one of his sons.

2)

(a)What did Rebbi reply to Rebbi Nasan? What is the correct wording of the Mishnah?

(b)He retracted however, on the basis of a ruling that the sons are not permitted to claim 'K'suvas B'nin Dichrin from Meshubadin'. How did he express his retraction?

(c)Why would that ruling render his amendment problematic?

(d)So what is now the problem?

2)

(a)Rebbi replied 'Yasvun' T'nan' meaning that 'Kesuvas B'nin Dichrin' is a Matanah and not a Yerushah (in which case, even the Rabbanan will agree that this is permitted.

(b)He retracted however, on the basis of a ruling that the sons are not permitted to claim 'K'suvas B'nin Dichrin from Meshubadin'. He expressed his retraction with the words 'I behaved childishly and spoke arrogantly against Nasan the Babylonian'.

(c)That ruling would clash with his amendment inasmuch as if the wording was 'Yasvun' (implying a Matanah from now, [since there is no such thing as a Matanah after death] as opposed to 'Yarsun', which implies only after his death), then why could the sons not claim from Meshubadim, any less than the rest of the Kesuvah, which their mother would be allowed to claim from Meshubadim.

(d)The problem now is that Rebbi Nasan's Kashya remains.

3)

(a)How have we now resolved Rava's She'eilah (whether Rebbi Yochanan ben Berokah incorporates a Bari, too) or not?

3)

(a)We have now resolved Rava's She'eilah (whether Rebbi Yochanan ben Berokah incorporates a Bari, too) because the Mishnah is speaking about a Matnas Bari, yet both Rebbi Nasan and Rebbi agree that, if the text in the Mishnah reads 'Yarsun', the author will be Rebbi Yochanan ben Berokah (whose ruling clearly extends to a Bari).

4)

(a)Rav Papa pointed out to Abaye that, irrespective of the wording of the Mishnah, there is another problem with the entire institution of Kesuvas B'nin Dichrin. What is that?

(b)Why can we not circumvent the problem by establishing the Mishnah like Rebbi Meir, who holds 'Adam Makneh Davar she'Lo Ba le'Olam'?

(c)How does Rav Papa now answer both Kashyos in one sweep?

4)

(a)Rav Papa pointed out to Abaye that, irrespective of the wording of the Mishnah, there is another problem with the entire institution of Kesuvas B'nin Dichrin inasmuch as it is a 'Davar she'Lo Ba le'Olam' (which is not Koneh).

(b)Neither can we circumvent the problem by establishing the Mishnah like Rebbi Meir, who holds 'Adam Makneh Davar she'Lo Ba le'Olam' because here it is also to someone who is not yet born, in which case even Rebbi Meir concedes that the Kinyan is invalid.

(c)Rav Papa therefore answers both Kashyos in one sweep by reminding us that we are speaking about a Takanas Chachamim, who have the power (of 'Hefker Beis-Din Hefker') to give one person's property to someone else even if it, or he, is not yet in the world; and we use the same explanation to establish the Mishnah in Kesuvos even like the Rabbanan, who will admit, for the same reason, that here, the father may bequeath his property to one of his sons.

5)

(a)How did Abaye initially attempt to justify Rebbi's ...

1. ... reply to Rebbi Nasan?

2. ... retraction?

(b)He changed his mind however, by quoting the Seifa of the Mishnah 'Lo Kasav Lah B'nan Nukvan di'Yehavyan Lichi Mina'i Yehavyan Yasvan be'Veisi ad de'Tilakchun le'Guvrin'. Which Takanah is the Tana referring to?

(c)What can we now learn from there that obviates the need to answer Rebbi Nasan at all?

(d)But did we not conclude earlier that when the Yerushah and the Matanah involve two people they require 'Toch K'dei Dibur'?

5)

(a)Abaye initially attempted to justify Rebbi's ...

1. ... reply to Rebbi Nasan by explaining that he was only answering Rebbi Nasan's use of the Lashon 'Yarsun', which suggests that he holds like Rebbi Yochanan ben Berokah.

2. ... retraction by explaining it to mean that he used the word 'Yasvun' (not because he needed to answer Rebbi Nasan's Kashya, but), because of Rav Papa's Kashya (from 'Ein Adam Makneh ... ').

(b)He changed his mind however, by quoting the Seifa of the Mishnah 'Lo Kasav Lah B'nan Nukvan di'Yehavyan Lichi Mina'i Yehavyan Yasvan be'Veisi ad de'Tilakchun le'Guvrin' with regard to the Takanah of 'Mazon ha'Banos'.

(c)This now obviates the need to answer Rebbi Nasan at all because the Lashon of the Seifa is one of Matanah, giving the Mishnah the format of 'la'Zeh bi'Yerushah, ve'la'Zeh be'Matanah', and we already learned that in such a case, even the Rabbanan concede that both are valid (even when it is to two people, such as here, where it involves both the sons and the daughters).

(d)We did indeed concluded earlier that when the Yerushah and the Matanah involve two people, they require 'Toch K'dei Dibur' but that is no problem, since here, seeing as the two Takanos were initiated simultaneously, it is considered 'Toch K'dei Dibur'.

131b----------------------------------------131b

6)

(a)Rav Nechumi (or Rav Chananyah bar Minyumi) queried Abaye on his assumption that the two cases in the Mishnah in Kesuvos constitute 'Toch K'dei Dibur'. What did he ask him?

(b)Abaye answered from the Mishnah in Kesuvos, where Rebbi Elazar ben Azaryah rules that a daughter's rights to Mezonos only take effect after her father's death. From where does he learn that?

(c)What did Abaye try to prove from there?

(d)How do we reject Abaye's proof?

6)

(a)Rav Nechumi (or Rav Chananyah bar Minyumi) queried Abaye on his assumption that the two cases in the Mishnah in Kesuvos constitute 'Toch K'dei Dibur' from the possibility that they might well have been established in two different Batei-Din, at two different times.

(b)Abaye answered from the Mishnah in Kesuvos, where Rebbi Elazar ben Azaryah rules that a daughter's rights to Mezonos only take effect after her father's death which he learns from Kesuvas B'nin Dichrin, which is a Yerushah, and can only take effect after their father's death.

(c)Abaye tried to prove from there that the two Takanos must have been instituted by the same Beis-Din. Otherwise, how could Rebbi Elazar ben Azaryah learn one from the other.

(d)We reject Abaye's proof however on the grounds that even if they were instituted by two different Batei-Din, it is possible that the one modeled its Takanah on the other (to avoid people asking why the Chachamim instituted them at different times).

7)

(a)So what have we now achieved?

(b)Does this affect our proof that Rebbi Yochanan ben Berokah's ruling extends to a Bari?

7)

(a)What we have now achieved is to vindicate Rebbi, who is forced to amend the Mishnah of Kesuvas B'nin Dichrin from 'Yarsun' to 'Yasvun', in order to establish it like the Chachamim too (and not just like Rebbi Yochanan ben Berokah, even though he rules like him anyway, as we learned on the previous Daf).

(b)This does not affect our proof that Rebbi Yochanan ben Berokah's ruling extends to a Bari which is evident already from Rebbi Nasan's Kasha.

8)

(a)What does Rav Yehudah Amar Shmuel say about a case where someone writes all his property to his wife?

(b)Are we speaking about a Bari or a Shechiv-Mera?

(c)What is the reason for this ruling? Why do we not take the man's words at surface value?

(d)On what grounds will we nevertheless later classify this as one of the three Halachos without a logical reason?

8)

(a)Rav Yehudah Amar Shmuel rules that if someone writes all his property to his wife he has merely appointed her as an Apotropos (a guardian) over his estate.

(b)Shmuel is speaking about a Shechiv-Mera (who is concerned that his children should respect their mother) ...

(c)... because we assume that a father would not leave his sons penniless, giving everything to his wife.

(d)Nevertheless, we will later classify this as one of the three Halachos without a logical reason because in spite of the reasoning, we would not normally ignore a written document on the basis of a Sevara.

9)

(a)Why is this Halachah cited here?

(b)It is obvious that Shmuel's Takanah extends to where the father bequeaths all his property to his oldest son. What is he says it about a younger one?

(c)What is the reason for the possible distinction between the two?

(d)We resolve the She'eilah by citing Rav Chanila'i bar Idi Amar Shmuel. What does he say?

9)

(a)This Halachah is cited here because Rava will shortly repeat the She'eilah that he asked with regard to Rebbi Yochanan ben Berokah's opinion 'be'Bari Mai?'

(b)It is obvious that Shmuel's Takanah extends to where the father bequeaths all his property to his oldest son. We are not sure whether it also extends to a younger one ...

(c)... because whereas, on the one hand, a father definitely would like the brothers to show respect to their older brother, it is not certain that he would wish them all to respect a younger one (and if not, then he really intended to bequeath everything to him).

(d)We resolve the She'eilah by citing Rav Chanila'i bar Idi Amar Shmuel, who states that the above ruling even extends to a baby in his cot (clearly incorporating a younger brother).

10)

(a)What do we mean by 'Peshita B'no ve'Acher, Acher be'Matanah, u'Beno Apotropos'?

(b)On what grounds do we initially refute the suggestion that it speaks in one case, where a man writes half his property to his son and half to someone else?

(c)How could we resolve this problem?

(d)Yet we insist on rejecting that explanation. Why?

10)

(a)By 'Peshita B'no ve'Acher, Acher be'Matanah, u'Beno Apotropos', we mean that if a Shechiv-Mera leaves his property to anyone other than a son, it is considered a Matanah, whereas if he leaves it to his son, he appoints him an Apotropos (as we just learned).

(b)Initially, we refute the suggestion that it speaks in one case, where a man writes half his property to his son and half to someone else because then, seeing as he did not leave all his property to his son, why should that person receive everything?

(c)We could resolve this problem by adding that there were other sons, in which case, Shmuel's ruling might apply, since the father left nothing for the remaining sons.

(d)Yet we insist on rejecting that explanation because it will then differ from the She'eilos that follow, which are all two separate cases and not one, as we shall now see.

11)

(a)Why do we erase the text 'Ishto ve'Acher, le'Acher be'Matanah, ve'Ishto Apotropos'?

(b)Why does Shmuel concede that 'Ishto Arusah ve'Ishto Gerushah, be'Matanah'?

(c)What would Shmuel hold in a case where a Shechiv-Mera left everything to his son if he also left behind ...

1. ... a wife but no other sons?

2. ... a wife and other sons?

11)

(a)We erase the text 'Ishto ve'Acher, le'Acher be'Matanah, ve'Ishto Apotropos', because since, as we just explained, all the dual cases are two independent cases, it would be pointless to repeat what Shmuel has already taught specifically.

(b)Shmuel concedes that 'Ishto Arusah ve'Ishto Gerushah, be'Matanah' because he loves neither of them sufficiently to want his children to respect them.

(c)In a case where a Shechiv-Mera left everything to his son, if he also left behind ...

1. ... a wife but no other sons then he has given him a Matanah (because a man does not expect his wife to respect his son).

2. ... a wife and sons then he has appointed him an Apotropos, since he wants his brothers to pay him respect, as we learned earlier.

12)

(a)We already issued a ruling in the case of a betrothed woman and a divorced wife, and we now ask what the Din will be if a Shechiv-Mera bequeaths all his property to one of three women; two of them, a daughter where there are sons (her brothers), and a daughter where there are brothers (her uncles). What is the third She'eilah?

(b)What is the basis of these She'eilos

(c)Ravina states that all the above five women do not acquire the property except for a betrothed woman and a divorced wife. Which are the only two that do, according to Rav Ivya in the name of Rava?

(d)Over which sole case do they then argue?

12)

(a)We already issued a ruling in the case of a betrothed woman and a divorced wife, and we now ask what the Din will be if a Shechiv-Mera bequeaths all his property to one of three women; two of them, a daughter where there are sons (her brothers), and a daughter where there are brothers (her uncles). The third case is where he bequeaths all his property to his wife where he leaves over his sons from another wife (her step-sons).

(b)The basis of these She'eilos is whether a man would want his sons to respect his wife who is not their mother but their sister, their niece or their step-mother.

(c)Ravina states that all the above five women do not acquire except for a betrothed woman and a divorced wife. The only two that do, according to Rav Ivya in the name of Rava are where there are brothers and where there are step-sons (i.e. it is not feasible for a man to want them to respect their niece and their stepmother.

(d)The sole case over which they therefore argue is the latter one, whether he expects his sons to respect their sister (Ravina) or not (Rav Avira).

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