POINT BY POINT OUTLINE
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
1) A "SHALI'ACH" WHO ERRED
(a) (Gemara) Question: Whom does a Shali'ach resemble?
(b) Answer #1 (Rava): He is like Beis Din (if he errs less
than a sixth, the sale stands).
(c) Answer #2 (Rav Shmuel bar Bisna): He is like a widow (any
error invalidates the sale).
1. Rava said that he is like Beis Din because he does
not sell for himself, similar to Beis Din. A widow
sells for herself!
(d) The Halachah is, a Shali'ach is like a widow.
2. Rav Shmuel bar Bisna said that he is like a widow,
since also he is an individual. Beis Din is a Rabim.
(e) Question: Why is this different than the following?
1. (Mishnah): If a Shali'ach was told to take Terumah,
he should take like the owner wants. If he does not
know, he should take like an average person, one
part in 50. If he took one in 40 or one in 60, the
separation is valid.
(f) Answer: Some people take Terumah generously (one in 40)
and some take stingily (one in 60). The Shali'ach can say
that he estimated that this is what the owner wanted to
give. Regarding a sale it is a pure error. The owner can
say 'you should not have erred.'
2) A MISTAKE OF "BEIS DIN"
(a) (Rav Nachman): The Halachah follows Chachamim.
(b) Question: Elsewhere Rav Nachman is concerned for the
power of Beis Din!
1. (Rav Nachman citing Shmuel): If orphans come to
divide their father's property, Beis Din appoints an
overseer for them and they select a nice portion for
them. When the orphans grow up, they can demand a
(c) Answer: Rav Nachman is concerned for the power of Beis
Din only when they did not err.
2. (Rav Nachman himself): They cannot demand a new
division. If they could, Beis Din would be weak!
(d) Question: If they did not err, why can the orphans
protest (according to Shmuel)?
(e) Answer: (They did not err about the value.) They erred
about location (e.g. an orphan received a portion far
from property that he inherited from his mother's
(f) Version #1 (Rav Dimi): A case occurred, and Rebbi ruled
1. R. Parta: If so, Beis Din is weak!
(g) Version #2 (Rav Safra): A case occurred, and Rebbi was
about to rule like Chachamim.
2. Rebbi reversed his ruling.
1. R. Parta: If so, Beis Din is weak!
(h) (Rav Yosef): When a widow sells property, the orphans
have Acharayos (to compensate the buyer if the land turns
out to be stolen if a creditor takes it). The same
applies when Beis Din sells property.
2. Rebbi ruled like R. Shimon ben Gamliel. (end of
3. Suggestion: Rav Dimi holds that if one erred in
Devar Mishnah (a clearly decided Halachah) we
retract the ruling. Rav Safra holds that we do not
retract the ruling.
4. Rejection: No, all hold that we retract the ruling.
They argue about the case that occurred.
(i) Objection: This is obvious!
(j) Answer: The case of the widow is obvious, but the case of
Beis Din is a Chidush;
1. One might have thought that one who buys from Beis
Din assumes that there has been enough publicity
(and it would have become known if the land was
stolen or has a lien against it), and buys without
Acharayos. Rav Yosef teaches that this is not so.
(k) (Mishnah - R. Shimon ben Gamliel): The sale stands.
(l) Question: Up to how much of a mistake can Beis Din make
(and the sale stands)?
(m) Answer (Rav Huna bar Yehudah): They can err up to half
1. Support (Beraisa - R. Shimon ben Gamliel): If Beis
Din sold a field worth 200 for 100, or a field worth
100 for 200, the sale stands.
3) THE AUCTION OF "BEIS DIN"
(a) (Ameimar): If Beis Din sold property without announcing,
this is like a clear mistake, and the sale is invalid.
(b) Objection: This is not just like a clear mistake. It is
a clear mistake!
1. (Mishnah): The auction of the property of orphans is
30 days. The auction of Hekdesh property is 60 days.
Announcements are made morning and evening.
(c) Answer: One might have thought that the Mishnah discusses
only a Shali'ach who sells, but Beis Din does not need to
announce. Ameimar teaches that this is not so.
(d) Question (Rav Ashi - Mishnah): If an assessment of Beis
Din was a sixth too little or too much, the sale is
1. Inference: If the property was sold for the correct
price, the sale would stand.
(e) Answer #1: No, the property was auctioned.
2. Suggestion: The case is, no announcement was made.
(f) Objection: Since the Seifa discusses when it was
auctioned, the Reisha discusses when it was not
1. (Seifa): If a letter of investigation was done, even
if they sold a field worth 100 for 200, or worth 200
for 100, the sale stands.
(g) Answer #2: Really, there was no auction. The Reisha
discusses property that is not auctioned. The Seifa
discusses property that is auctioned.
1. The following are not auctioned: slaves, Metaltelim,
(h) Answer #3: The Reisha discusses a time when property is
not auctioned; the Seifa discusses a time when it is
2. We do not auction slaves, lest they run away. We do
not auction Metaltelim and documents, lest people
1. (Nehardai): We do not auction to pay for head-tax,
food or burial.
(i) Answer #4: The Reisha discusses a place where property is
not auctioned; the Seifa discusses a place where it is
1. (Rav Nachman): Property was never auctioned in
(j) (Rav Yehudah): We assess and sell Metaltelim of orphans
2. Assumption: This is because they were expert
3. Rejection (Rav Yosef bar Minyomi citing Rav
Nachman): No, it is because people who bought
auctioned property were scorned (for capitalizing on
the plight of orphans).
(k) (Rav Chisda): We (wait to) sell it in the markets.
1. They do not argue. We wait only if the market day is
(l) Rav Kahana had beer of an orphan; he waited to sell it
until the festival.
1. Even though it would soon turn to vinegar, it was
better to sell at the festival, when people pay cash
(as opposed to credit).
(m) Ravina was overseeing wine of an orphan. He was taking
his own wine abroad (to sell it).
(n) Question (Ravina): May I take the orphan's wine also?
(o) Answer (Rav Ashi): Yes. You need not be more careful with
it than with your own.
4) WOMEN WHO HAVE NO "KESUVAH"
(a) (Mishnah): The following have no Kesuvah, Peiros, food,
or Bala'os (remnants (Rashi) or compensation for
depreciation (Tosfos) of property she brought into the
1. A minor who did Mi'un (decided to leave her
(b) The following have a Kesuvah: a widow married to a Kohen
Gadol, a divorcee or Chalutzah to a regular Kohen, a
Mamzeres or Nesinah to a Yisrael, and a Bas Yisrael to a
Nasin or Mamzer.
2. A Sheniyah (a relative forbidden mid'Rabanan);
3. An Ailonis (a girl who does not develop like a
4. If he knew that she was an Ailonis when he married
her, she receives a Kesuvah.
(c) (Gemara - Rav): The text of the Mishnah says that a minor
(who was married mid'Rabanan) has no Kesuvah if she was
divorced. All the more so one who does Mi'un has no
(d) (Shmuel): The Mishnah says that one who did Mi'un has no
Kesuvah. If she was divorced, she gets a Kesuvah.
(e) This is like Shmuel taught elsewhere.
1. (Shmuel): A Mema'enes gets no Kesuvah. A minor
(married mid'Rabanan) who was divorced receives a
2. If she did Mi'un, she is not disqualified from
marrying the brothers or a Kohen. If she was
divorced, she is disqualified from marrying them.
3. If she did Mi'un, she need not wait three months
before remarrying. If she was divorced, she must
wait three months before remarrying.
Index to Outlines for Maseches Kesuvos