12th CYCLE DEDICATION
KESUVOS 78 (8 Kislev) - Dedicated l'Iluy Nishmas: Shoshana Raizel bas Reb Yisrael Leib -- Mrs. Rose Shaw -- on the seventh Yahrzeit of her passing, by her grandson, Yisrael Shaw and family (Jerusalem).

[78a - 25 lines; 78b - 46 lines]

PEREK #8 HA'ISHAH SHE'NAFLU

1)[line 1]נפלו לה נכסיםNAFLU LAH NECHASIM- property fell to her [as an inheritance]

2)[line 1]עד שלא תתארסAD SHE'LO TIS'ARES (ERUSIN / NISU'IN)

(a)See Background to 7:41.

(b)Our Mishnah first discusses a case in which a woman inherited property before she was betrothed and was subsequently betrothed.

3)[line 3]מוכרת ונותנת וקייםMOCHERES V'NOSENES V'KAYEM- she may sell it or give it [as a present even without the knowledge or consent of her husband] and the transaction stands

4)[line 7]הואיל וזכה באשה לא יזכה בנכסיםHO'IL V'ZACHAH B'ISHAH, LO YIZKEH B'NECHASIM?- once he has married his wife, shall he not acquire her property?

5a)[line 8]על החדשים אנו בושיםAL HA'CHODASHIM ANU BOSHIM- we are embarrassed when attempting to explain [the institution of the Chachamim which does not allow a woman to sell an inheritance] that fell to her after Nisu'in (see the rest of our Mishnah)]

b)[line 8]אלא שאתם מגלגלין עלינו את הישנים?ELA SHE'ATEM MEGALGELIN ALEINU ES HA'YESHANIM?- and yet you wish to additionally burden us with [having to explain why she may not sell] an inheritance that fell to her before Nisu'in?

6)[line 16]ר''ש חולקREBBI SHIMON CHOLEK- Rebbi Shimon differentiates [regarding that which a woman inherits after Nisu'in]

7a)[line 20]רישאREISHA- the first case of our Mishnah [which discusses property which a woman inherited prior to her betrothal]

b)[line 21]סיפאSEIFA- the second case of our Mishnah [which discusses property which a woman inherited after her betrothal]

8)[line 22]בזכותה נפלוBI'ZECHUSAH NAFLU- they fell [to her] when [her property was] under her jurisdiction

9)[line 23]אימר בזכותה אימר בזכותוEIMAR BI'ZECHUSAH EIMAR BI'ZECHUSO- I could say that they are under her jurisdiction [since she may never reach Nisu'in] and I could say that they are under his jurisdiction [since her current status of Erusin may very well lead to Nisu'in]

10a)[last line]אלכתחלהAL'CHATCHILAH- [was his question only] on [the opinion of Beis Shamai who ruled that she] may [sell such property] to begin with

b)[last line]או אדיעבד?O A'DI'EVED?- or [was his question also] on [the opinion of Beis Hillel who ruled that she] may not [sell such property, although] if [she] did then [the transaction is] valid?

78b----------------------------------------78b

11)[line 2]זו אשתו וזו אשתוZU ISHTO V'ZU ISHTO- this [woman to whom he is married] is his wife and this [woman to whom he is betrothed] is his wife

12)[line 6]לא כך השיבןLO KACH HESHIVAN- it was not [necessary] for him to answer them in this way [rather, he was able to differentiate clearly between the two cases]

13)[line 8]זכאי במציאתהZAKAI B'METZI'ASAH- merits [the acquisition of] any lost items that she finds

14)[line 9]מעשה ידיהMA'ASEH YADEHA- her earnings

15)[line 9]בהפרת נדריהHAFARAS NEDAREHA

See Background to 65:46.

16)[line 11]לא בהפרת נדריהLO B'HAFARAS NEDAREHA- not to annul her vows [alone]

17)[line 12]מכרה (לה) עד שלא נשאתMACHRAH (LAH) AD SHE'LO NIS'ES- [this logic applies to a case in which] she sold her property before she was married

18)[line 21]ור' חנינא בן עקביא כב''ש?V'REBBI CHANINA BEN AKAVYA K'VEIS SHAMAI?- According to Rebbi Chanina ben Akavya, Raban Gamliel ruled that a woman who inherited property prior to Nisu'in - such as during Erusin - may sell it after Nisu'in. He certainly must therefore rule that she may likewise sell property that she received as an Arusah during Erusin. This is the opinion of Beis Shamai.

19)[line 28]חזרו ונמנוCHAZRU V'NIMNU- they subsequently took a vote [and ruled]

20)[line 32]תנינא לתקנת אושאTENINA TAKANAS USHA- our Mishnah teaches that which was enacted [by the Sanhedrin when they were] in Usha (a city in the lower western Galilee which was one of the ten locations to which the Sanhedrin was exiled following the destruction of the second Beis ha'Mikdash)

21)[line 33]נכסי מלוגNICHSEI MILUG (NICHSEI MILUG / NICHSEI TZON BARZEL)

See Background to 66:17.

22)[line 35]בחייה ולפירותB'CHAYEHA UL'FEIROS- [rules that her husband may retract her sale so as] to reap the profits while she is alive [although he must return the land to the buyer after her death]

23a)[line 39]מקרקעיMEKARKA'EI- land

b)[line 39]מטלטליןMETALTELIN- chattel (movable objects)

24)[line 41]יושבת כאןYOSHEVES KAN- she is living here

25)[line 42]מדינת היםMEDINAS HA'YAM- overseas

26)[line 44]איתתאITESA- woman

27)[line 45]בעיא דתברחינהו לנכסה מגברהBAYA D'SIVRECHINHU L'NICHSAH MI'GAVRAH- she wished to withhold her properties from her husband

28)[last line]כתבתינהו לברתהKATVATINHU L'BERATAH- she transferred ownership of them to her daughter [from a previous marriage] through a written document

29)[last line]אינסיבהINSIVAH- she got married

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