KESUVOS 53 (1 Elul 5782) - Dedicated l'Iluy Nishmas Esther Chaya Rayzel (Friedman) bas Gershon Eliezer (Yahrzeit: 30 Av, Yom Kevurah: 1 Elul) by her daughter and son-in-law, Jeri and Eli Turkel of Raanana, Israel. Esther Friedman was a woman of valor who was devoted to her family and gave of herself unstintingly, inspiring all those around her.

1)

PRESSURE ON THE FATHER TO GIVE A DOWRY [line 3 from end of previous Amud]

(a)

Rav Papa was marrying off his son to a daughter of Aba Sura'ah. He went to Aba Sura'ah's house to write the Kesuvah. (Presumably, Aba Sura'ah would likewise give to his daughter.) Yehudah bar Meremar accompanied Rav Papa, and showed that he did not want to enter the house.

(b)

Rav Papa: Perhaps you do not want to enter due to Shmuel's opinion?

1.

Shmuel (to Rav Yehudah): Do not take part in transferring inheritance, even from a bad son to a good son. Perhaps the bad son will have good offspring!

2.

Suggestion: All the more so, one should not transfer from a son to a daughter!

(c)

Rejection (Rav Papa): Chachamim decreed to encourage dowries, like R. Yochanan taught above!

(d)

Yehudah: That is when the father wants to give. He should not be coerced!

(e)

Rav Papa: I do not ask you to coerce him, merely to enter!

(f)

Yehudah bar Meremar: My entering is like coercing (he will give more, to honor me)!

1.

Rav Papa coerced Yehudah to enter. Yehudah sat silently. Aba Sura'ah thought 'he is angry because I am not giving enough.' He wrote all his property to his daughter.

(g)

Aba Sura'ah: You still won't speak?! I swear that I didn't leave anything for myself!

(h)

Yehudah: I disapproved of giving even the first amount!

(i)

Aba Sura'ah: If so, I will retract!

(j)

Yehudah: I do not counsel you to be a retractor.

2)

WHEN ARE PRIVILEGES OF THE KESUVAH FORFEITED? [line 17]

(a)

Question (Rav Yemar): If a woman sold her Kesuvah to her husband, does she still have Kesuvas Benin Dichrin?

1.

Rava: You should ask about if she pardoned the Kesuvah!

2.

Rav Yemar: I asked about one who sold her Kesuvah, even though she was forced (by the need for money) as if she was beaten 100 times. All the more so, if she pardoned it (I ask whether or not she forfeits Kesuvas Benin Dichrin)!

(b)

(Rava): Clearly, if she sells the Kesuvah to others, she retains Kesuvas Benin Dichrin. Financial pressure forced her;

(c)

If she pardons the Kesuvah to her husband, clearly she loses Kesuvas Benin Dichrin. She pardoned it.

(d)

Question (Rava): If she sold the Kesuvah to her husband, what is the law?

1.

Is this like selling it to others, or like pardoning to her husband?

(e)

Answer (Rava): It is like selling to others.

(f)

Question (Rav Idi bar Avin - Mishnah): If a woman (who remarried based on a witness who (falsely) testified that her husband died) died, her heirs from both husbands do not inherit her Kesuvah.

1.

Question: But the Mishnah already said that she receives no Kesuvah!

2.

Answer (Rav Papa): Her heirs do not receive Kesuvas Benin Dichrin.

3.

Summation of question: According to Rava's reasoning, they should receive it. Her desire to remarry is like being forced!

(g)

Answer: There, Chachamim fined her. (Chachamim were lenient to let her remarry through one witness, relying on her to first verify that her husband truly died.)

(h)

(Ravin bar Chanina citing R. Elazar): One who pardons her Kesuvah to her husband is not fed.

1.

Rav Chisda: Had you not said that in the name of a great Chacham, I would apply "One who repays evil for good, evil will not depart from his home" (and she should be fed).

(i)

An Arusah died. Rav Nachman, Ula and Avimi ruled that the Arus must bury her or pay her Kesuvah.

(j)

Question (Rav Chiya bar Ami - Mishnah): If an Arus or Arusah died, the law of an Onen (one who lost a relative, before the burial) does not apply to the spouse, and the spouse does not become Tamei by engaging in the burial;

1.

If she died, he does not inherit her. If he died, she collects a Kesuvah.

2.

Inference: When she dies, there is no Kesuvah. (I.e. we do not obligate him to bury her in exchange for inheriting her dowry, like we said about a Nesu'ah - 47b, 3:b.)!

3.

(Rav Hoshaya): This is because "When you will (be allowed to) marry another, you will receive what I wrote to you" does not apply. (All laws of the Kesuvah, e.g. burial and inheritance of her property, do not apply.)

(k)

(Ravin): An Arusah who died does not receive a Kesuvah.

(l)

Abaye: We already learned this from R. Hoshaya!

53b----------------------------------------53b

3)

HOW LONG ARE ORPHAN GIRLS FED? [line 2]

(a)

(Mishnah): Daughters you will have from me (will be fed)...

(b)

(Rav): The Mishnah reads 'until they are taken by men';

(c)

(Levi): It reads 'until Bagrus (6 months after Na'arus)'.

(d)

Question: Does Rav really say that she is fed after Bagrus? Does Levi really say that she is fed after marriage?

(e)

Clarification: Both agree that she is not fed after Bagrus or Nisu'in. They argue about after Kidushin but before Bagrus.

(f)

Levi taught in his version of the Mishnah 'until Bagrus and the time for Nisu'in comes.'

(g)

Objection: Does she eat until both come?!

(h)

Correction: Rather, he taught 'until Bagrus or the time for Nisu'in.'

(i)

Tana'im argue as Rav and Levi do:

1.

(Beraisa): Girls are fed until Kidushin;

2.

R. Elazar says, They are fed until Bagrus.

(j)

(Rav Yosef - Beraisa): (They are fed) until they will be (married) to men.

(k)

Question: Does this mean until Kidushin, or until Nisu'in?

(l)

This question is unresolved.

(m)

Question (Rav Chisda to Rav Yosef): Did you hear Rav Yehudah's opinion about whether or not an Arusah is fed?

(n)

Version #1 - Answer (Rav Yosef): I did not hear, but presumably she is not fed;

1.

Since she is Mekudeshes, her husband does not want her to be disgraced (by having to beg. Since he will feed her, she is not fed from her father's estate).

(o)

Objection (Rav Chisda): Logically, she should be fed! Her husband is unsure whether or not she has a Mum (a blemish that would invalidate the marriage), so he will not freely throw away his money (to feed her. Therefore, she is fed from her father's estate.)

(p)

Version #2 - Answer (Rav Yosef): I didn't hear, but presumably, she is fed. Her husband is unsure whether or not she has a Mum, so he will not feed her.

(q)

Objection (Rav Chisda): Just the opposite! Since she is Mekudeshes, her husband does not want her to be disgraced.

4)

WHICH GIRLS ARE FED [line 26]

(a)

Question: If a girl did Mi'un, is she fed?

(b)

Answer (Rav Sheshes - Beraisa): A widow, divorcee or Yevamah in her father's house is fed;

1.

R. Yehudah says, she is fed only if she is still in her father's house.

2.

Question: The first Tana said the same!

3.

Answer: Rather, they argue about a Mema'enes. The first Tana says that she is fed; R. Yehudah says that she is not.

(c)

Question (Reish Lakish): Is the daughter of a Yevamah from her Yavam fed after the Yavam dies?

1.

Since we learned that she collects her Kesuvah from the property of her first husband, she is not fed (he obligated himself to feed only his own daughters);

2.

Or, since if there is not property from the first husband the Yavam writes her a Kesuvah from his own property, she is fed!

(d)

The question is unresolved.