POINT BY POINT OUTLINE
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il
1) ONE WHO PARDONED HER LIEN
(a) (Mishnah #1): A man was married to two women and sold his
field. His first wife wrote to the buyer 'I have no claim
against you.' The second wife may collect the field from
the buyer, the first wife collects from the second, and
the buyer from the first wife. This cycle continues ad
infinitum, until they reach a compromise;
(b) The same applies to a creditor, and to a woman who is a
creditor.
(c) (Gemara) Question: When she writes ('I have no
claim...'), this does not take effect!
1. (Beraisa): If a man wrote to his friend (Rashi - his
partner) 'I have no claim or dealings in this
field', 'I have no business in it', (or) 'my hand is
removed from it', these words are void.
(d) Answer: The case is, they acquired the waiving of her
rights (through Chalipin, transferal of a garment).
(e) Question: This does not help! She can say that she did so
only to placate her husband!
1. (Mishnah #2): If Reuven sold a field and the buyer
also bought the field from Reuven's wife, the sale
is void. (This refers to one of three special
fields, i.e. it was designated to pay her Kesuvah,
or was written in the Kesuvah, or was part of her
dowry.)
2. Inference: She can say that she sold it to placate
her husband!
(f) Answer #1 (R. Zeira): Mishnah #2 is like R. Yehudah.
Mishnah is like R. Meir.
1. (Beraisa - R. Meir): If a man sold a field (one of
the three), and his wife did not sign on it, and he
sold a second field and she signed it, she lost
(rights to collect) her Kesuvah (from the second
field. She cannot collect from the first, for the
first buyer left the second field for her to collect
from.)
2. R. Yehudah says, she can say that she signed only to
placate her husband.
(g) Objection: Did Rebbi codify the Mishnah here like R.
Meir, and there like R. Yehudah?!
(h) Answer #2 (Rav Papa): Mishnah #1 discusses a divorcee who
signed. All Tana'im agree to it (she is not concerned for
placating her ex-husband).
(i) Answer #3 (Rav Ashi): Also Mishnah #2 is like R. Meir;
1. R. Meir does not believe her to say that she signed
only to placate her husband only when he made two
sales, and she agreed only to the second.
i. If she did so to placate her husband, she
should have agreed to both of them!
2. When there was only one sale, R. Meir agrees that
she can say that she signed only to placate him.
3. In Mishnah #1, the husband previously sold another
field and she did not sign.
2) WHEN ONE MAY COLLECT FROM SOLD PROPERTY
(a) (Mishnah): One may not collect from sold land when the
debtor still has Bnei Chorin (unsold property), even if
it is lowest quality land.
(b) Question: If the Bnei Chorin were flooded, may the
creditor collect from sold land?
(c) Answer #1 (Beraisa - R. Meir): If a man sold two fields,
and his wife signed only on the second, she lost her
Kesuvah.
1. If a creditor may collect from sold land when Bnei
Chorin are flooded, granted she cannot collect her
Kesuvah from the second buyer, but she should
collect from the first!
(d) Rejection #1 (Rav Nachman bar Yitzchak): The Beraisa says
that she lost her Kesuvah, i.e. the right to collect it
from the second buyer. She can collect from the first!
(e) Objection #1 (Rava): 'She lost her Kesuvah' connotes that
she lost it entirely.
(f) Objection #2 (Rava - Beraisa): A man borrowed from one
man, and sold property to two men. The creditor wrote to
the second buyer, I have no claim against you. He cannot
collect from the first buyer, for the first buyer can
tell him, I left for you property from which to collect!
(g) Version #1 (Tosfos) Answer (to Objection #2): That case
is different. The creditor caused himself to lose by
pardoning his lien! (We do not say so about a wife, for
it was not yet the time to collect her Kesuvah.)
(h) Version #2 (Rashi) Rejection #2 (Rava): We cannot learn
to Bnei Chorin. There, the creditor or wife caused his or
her own loss by pardoning the lien! (end of Version #2)
(i) Answer #2 (Rav Yemar): In everyday practice, creditors
collect when the Bnei Chorin are flooded!
95b----------------------------------------95b
1. A case occurred in which a lender took a vineyard
for 10 years (the produce would pay off the debt).
After five years, it stopped producing. Chachamim
ruled that he may take property that the borrower
had sold.
(j) Rejection (Rav Ashi): There, the buyers caused their own
loss. They should have realized that a vineyard often
stops producing, and refrained from buying the other
property.
(k) The Halachah is, if the Bnei Chorin are flooded, the
creditor may take sold land.
3) A GIFT WITH A CLAUSE
(a) (Abaye): If one told a woman 'I give my property to you.
After you, Ploni will get it' and she married, her
husband is like a buyer. After she dies her husband gets
the property, not Ploni.
(b) This is like R. Shimon ben Gamliel.
1. (Beraisa - Rebbi): If one said 'I give my property
to you (Reuven). After you, Ploni will get it' and
Reuven sold the property, after Reuven dies, Ploni
takes the property from the buyer;
2. R. Shimon ben Gamliel says, Ploni gets only what
Reuven leaves over.
(c) Question: Did Abaye really say this?!
1. (Abaye): A cunning Rasha is one who counsels a
person to sell like in the above case of R. Shimon
ben Gamliel.
(d) Answer: Abaye did not say she should get married. He said
that if she married, the husband keeps the property.
(e) (Abaye): If one told a woman 'I give my property to you.
After you, Ploni will get it' and she sold the property
and died, her husband takes the property from the buyer.
Ploni takes the property from her husband; the buyer
takes it from Ploni, and it stays by him.
(f) Question: The Mishnah says that the cycle continues ad
infinitum, until they reach a compromise. Why is Abaye's
case different?
(g) Answer: There, all three parties incurred a loss; here,
only the buyer loses.
(h) Question (Rafram): Elsewhere, Abaye taught differently!
1. (Abaye): If one told a woman 'I give my property to
you. After you, Ploni will get it', and she
remarried, the husband is like a buyer. After she
dies, he gets the property, not Ploni.
(i) Answer (Rav Ashi): There, he said this to a single woman.
In Abaye's second teaching, he said that to her when she
was already married;
1. When he said 'Ploni should get the property after
you', he meant 'Ploni, and not your husband.'
(j) (Mishnah): The same applies to a creditor (and to a woman
who is a creditor).
(k) (Beraisa): The same applies to a creditor and two buyers
(the creditor waived rights to collect from the second
buyer). The same applies to a woman who is a creditor
(her husband owes her Kesuvah to her) and two buyers (she
waived rights to collect from the second).
PEREK ALMANAH NIZONIS
4) A WIDOW'S EARNINGS
(a) (Mishnah): A widow is fed from the property of the
orphans. They receive her earnings. They are not
obligated to bury her. Her heirs who inherit her Kesuvah
must bury her.
(b) (Gemara) Question: Is the text 'a widow is fed' or 'a
widow who is fed'?
1. 'A widow is fed' is like in Galil, where the orphans
must feed her;
2. 'A widow who is fed' is like in Yehudah, where the
orphans need not feed her (they can pay her Kesuvah
and exempt themselves from feeding her).
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