POINT BY POINT OUTLINE
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
1) FEEDING ORPHANED DAUGHTERS
(a) An orphan and his sister came in front of Rava, who
instructed that they give him (from Metaltelim) enough
food for both of them.
(b) Chachamim: You yourself said that food, Kesuvah and
Parnasah are collected only from land!
(c) Rava: (She will serve him to be fed.) If he wanted a
slave to serve him, would we not buy one? All the more
so, we are also feeding a daughter!
(d) (Beraisa - Rebbi): Both property that can have a lien on
it (i.e. land) and property which cannot (Metaltelim) are
used to feed a widow and orphan daughters;
(e) R. Shimon ben Elazar says, from land we take from sons to
daughters (for food and dowries), from daughters to
daughters (when there are no sons and the older daughters
seized the property, we make them divide it equally, and
likewise) from sons to sons, and from daughters to sons
when there is much property (more than needed to feed the
children until they mature);
(f) We do not take from daughters to sons when there is
(g) We take Metaltelim from sons to sons, from daughters to
daughters, from daughters to sons, but not from sons to
(h) Even though we (generally) rule like Rebbi against his
colleague, here the Halachah follows R. Shimon ben
1. (Rava): Food, Kesuvah and Parnasah are collected
only from land.
2) EVERY WIFE MUST HAVE A "KESUVAH"
(a) (Mishnah): If a man did not write a Kesuvah to his wife,
it is an enactment of Beis Din that a virgin collects 200
and a non-virgin collects 100;
(b) If he wrote that she should collect a field worth 100 in
place of 200, or did not write that there is a lien on
all his property to the Kesuvah, he is obligated (she has
a lien and collects 200), by an enactment of Beis Din.
(c) If he (a Yisrael) did not write 'if you will be captured,
I will redeem you and return you to be my wife', or if a
Kohen did not write 'if you will be captured, I will
return you to your land', he is obligated by an enactment
of Beis Din.
(d) If she is captured, he must redeem her. He may not say
'Behold, I divorce her. Here is a Get and her Kesuvah,
let her redeem herself.'
1. If she gets sick, he must heal her. He may say
'Behold that I divorce her; here is a Get and her
Kesuvah, let her heal herself.'
(e) (Gemara): The Mishnah is like R. Meir, who says that if
her Kesuvah is less than 200 for a virgin or 100 for a
non-virgin, Bi'ah with her is considered Znus.
1. It cannot be R. Yehudah, who permits writing 200 to
a virgin or 100 to a widow, and she writes a receipt
for him that she received half (even if she received
(f) (Seifa): Even if he did not write that there is a lien on
all his property, he is obligated.
(g) This is like R. Yehudah, who says that Acharayos Ta'us
Sofer (a loan document puts a lien on land even if it
does not say so. We attribute the omission to a mistake
of the scribe). R. Meir disagrees;
1. (Mishnah - R. Meir): If one finds a loan document,
if it mentions a lien on property, we do not return
it, since Beis Din collects (from land that people
bought from the borrower) to pay the loan (and we
suspect that the loan was already paid);
(h) Question: If the Reisha R. Meir and the Seifa R.
2. If the document does not mention a lien, it may be
returned, since Beis Din does not collect from it.
3. Chachamim say, in either case it may not be
returned, since Beis Din collects (from sold land).
1. Suggestion: Perhaps the whole Mishnah is like R.
Meir, and he distinguishes between a Kesuvah and
(i) Answer #1: The entire Mishnah is R. Yehudah.
2. Rejection: He doesn't distinguish!
i. (Beraisa): Five things are collected only from
free (unsold) property: Peiros of and
improvements made on stolen land; one who
agrees to feed his wife's child; a loan
document or Kesuvah that does not mention a
ii. This Beraisa is like R. Meir, who says that a
loan document without a lien does not permit
collecting from sold property, and it says the
same about a Kesuvah!
1. R. Yehudah permits her to write that she received
half, but he must write the full amount!
(j) Answer #2: The entire Mishnah is R. Meir.
1. It says that even if he didn't write a lien, he must
pay, i.e. from unsold property.
3) A MARRIED WOMAN WHO WAS RAPED
(a) (Shmuel's father): If a Yisrael's wife was raped, she is
forbidden to her husband. We are concerned lest initially
she was forced, but later desired the Bi'ah.
(b) Question #1 (Rav - Mishnah): 'If you are captured... I
will return you to be a wife'!
(c) Shmuel's father was silent.
1. Rav: "The princes held back word, they put a hand to
(d) Question #2: The Torah permits a raped woman to her
husband (this is brought below). According to Shmuel's
father, what is the case?
2. Question: What could Shmuel's father have answered?
3. Answer: Chachamim were lenient about a captured
woman (since it is a Safek whether or not she was
(e) Answer: Witnesses say that she screamed from beginning to
(f) Rava disagrees with Shmuel's father.
1. (Rava): If initially she was forced, even if she
later desires, even if she says 'Leave him. If he
didn't want to, I would pay him for this', she is
permitted (to her husband).
(g) Support (for Rava - Beraisa #1): If "she was not grabbed"
she is forbidden. Had she been grabbed, she would be
2. This is because he put the evil inclination on her
(against her will).
1. There is another case in which she is permitted even
if she was not grabbed, i.e. she was forced in the
beginning and desired in the end.
(h) (Beraisa #2): If "she was not grabbed" she is forbidden.
Had she been grabbed, she would be permitted;
1. There is another case in which she is forbidden even
if she was grabbed, i.e. a Kohen's wife.
(i) (Rav Yehudah citing R. Yishmael): If "she was not
grabbed" she is forbidden. Had she been grabbed, she
would be permitted;
1. There is another case in which she is permitted even
if she was not grabbed, i.e. mistaken Kidushin. Even
if her son is on her shoulder, she may do Mi'un (say
that she doesn't desire him) and leave him.
(j) (Rav Yehudah): Women captured by robbers are permitted to
1. Chachamim: The women supply the robbers with bread
(this shows that they want to be with them)!
(k) (Beraisa #3): A captive of the king is like a captive
(she is permitted to her husband if he is a Yisrael). A
captive of a robber is not like a captive (she is
forbidden to her husband).
2. Rav Yehudah: They do so out of fear.
3. Chachamim: But they supply them with arrows!
4. Rav Yehudah: They do so out of fear;
i. If the robbers allow the women to return to
their husbands and they choose to stay with the
robbers, they are certainly forbidden.
(l) Contradiction: Another Beraisa (#4) says oppositely!
(m) Answer: Beraisa #3 permits a captive of the king, i.e. a
king like Achashverosh. (She has no hope that he will
marry her, so she is forced.) Beraisa #4 forbids a
captive of a king like Ben Netzar (a marauder who
conquered cities. Perhaps she hoped that he would marry
her and had Bi'ah willingly);
1. Beraisa #3 forbids a captive of a robber like Ben
Netzar. Beraisa #4 permits a captive of a plain
(n) Question: Why does Beraisa #3 call Ben Netzar a robber,
and Beraisa #4 calls him a king?
(o) Answer: Compared to Achashverosh he is only a robber.
Compared to regular robbers, he is a king.
Index to Outlines for Maseches Kesuvos