12th CYCLE DEDICATION
KESUVOS 102 (3 Teves) - Today's Dafyomi material has been dedicated in memory of Hagaon Rav Yisroel Zev Gustman Ztz"L (author of "Kuntresei Shiurim") and his wife, Rebbetzin Sarah Gustman (daughter of Hagaon Rav Meir Bassin, a Dayan in Vilna) in honor of the Yahrzeit of the Rebbetzin. Sponsored by a number of Rav Gustman's Talmidim (Yechiel Wachtel, Rabbi Avrohom Feldman and Mordecai Kornfeld).

1)

(a)If our Mishnah (which validates a man's obligation to feed his wife's daughter for five years) is not speaking when he gave her an unsigned document (which would pose a Kashya on Resh Lakish), then how is it speaking?

(b)Why do Chazal refer to these documents as 'Shtarei Pesikta'?

(c)What does Rav Gidal Amar Rav say about Shtarei Pesikta)? How does he describe Shtarei Pesikta?

(d)What does Rav Gidal Amar Rav mean by that?

1)

(a)According to Resh Lakish, our Mishnah (which validates a man's obligation to feed his wife's daughter for five years) is not speaking when he gave her an unsigned document - but when he wrote a Shtar Pesikta (a document written by the witnesses in whose presence the Chasan and Kalah made their conditions).

(b)Chazal refer to these documents as 'Shtarei Pesikta' - because no Kinyan was made, and the document was written following words alone; (which is also the Chidush of our Mishnah, according to Resh Lakish.

(c)Rav Gidal Amar Rav says about Shtarei Pesikta - (which he describes as a document that is written after the father of the Chasan and of the Kalah have decided how much the one will give to his son and the other, to his daughter) 'Hen Hen ha'Devarim ha'Niknin ba'Amirah' ...

(d)... by which he means - that this is a case where one acquires with words alone.

2)

(a)What does the Beraisa say about a man who writes on a piece of paper that he owes a Kohen five Sela'im (for Pidyon ha'Ben)?

(b)How will Resh Lakish (who does not validate an unsigned I.O.U.) explain this Beraisa?

(c)In that case, why did he need to write anything at all?

(d)The reason that his son is not redeemed is because of Ula. What did Ula say? What else may one not use to redeem a firstborn son?

(e)According to the Torah law, when is the boy redeemed?

2)

(a)The Beraisa rules - that a man who writes on a piece of paper that he owes a Kohen five Sela'im (for Pidyon ha'Ben) is obligated to give it to him, even though his son remains not redeemed.

(b)According to Resh Lakish (who does not validate an unsigned I.O.U.), this Beraisa is based (not on the document, but) on the fact that the Torah obligates him to give five Sela'im to the Kohen for Pidyon ha'Ben (because he holds that 'Shibuda d'Oraisa').

(c)The reason that he needed to write the document is - to designate that particular Kohen as the recipient.

(d)And the reason that his son is not redeemed is because of Ula - who explained that the Rabanan issued a decree, so that people should not think that one can redeem one's child with a document. In fact, one cannot redeem a firstborn son with a Shtar, an Eved (Kena'ani) or Karka.

(e)According to the Torah law, the boy is redeemed - as soon as the father pays the money to the Kohen.

3)

(a)What does the Tana Kama of a Beraisa say about a guarantor who signed his name after the signatures of the witnesses on a document?

(b)Why can one not claim from the guarantor's Meshubadim?

3)

(a)The Tana Kama of a Beraisa says that if a guarantor signed his name after the signatures of the witnesses on a document - the creditor may claim from his property that is Bnei Chorin, but not from Meshubadim.

(b)One cannot claim from the guarantor's Meshubadim - because, seeing as he only signed after the signatures of the witnesses, it is no more than an oral debt (and oral debts can only be claimed from Bnei Chorin).

4)

(a)What did ben Nannes in the Beraisa, comment to Rebbi Yishmael, when the latter issued a ruling like the Tana Kama?

(b)What reason did ben Nannes give for his opinion?

(c)How do we try to connect this Machlokes to the Machlokes of Rebbi Yochanan and Resh Lakish (who argue over the validity of an unsigned I.O.U.)?

(d)From which Pasuk in Miketz do we learn the concept of Arvus (the obligation of an Arev to fulfill his undertaking to pay on behalf of the debtor)?

4)

(a)When Rebbi Yishmael issued a ruling like the Tana Kama - ben Nannes commented that he could not claim from his Bnei Chorin either.

(b)The reason for this is - because a person does not usually obligate himself with a full heart, only out of pity (like one Jew who volunteers to pay someone money to stop strangling another Jew).

(c)We try to connect this Machlokes to the Machlokes of Rebbi Yochanan and Resh Lakish - inasmuch as Rebbi Yochanan (who validates an unsigned I.O.U.) holds like Rebbi Yishmael, and Resh Lakish (who declares it invalid), like ben Nannes.

(d)We learn the concept of Arvus (the obligation of an Areiv to fulfill his undertaking to pay on behalf of the debtor) from the Pasuk in Miketz - "Anochi E'ervenu" (said by Reuven to Yakov Avinu).

102b----------------------------------------102b

5)

(a)We conclude that Rebbi Yochanan and Resh Lakish do not argue about the opinion of ben Nannes. Why is there no way that ben Nannes could theoretically hold like Rebbi Yochanan?

(b)We establish that they argue about Rebbi Yishmael's opinion. What is the basis of their Machlokes?

5)

(a)We conclude that Rebbi Yochanan and Resh Lakish do not argue about the opinion of ben Nannes. There is no way that ben Nannes could theoretically hold like Rebbi Yochanan - because if ben Nannes does not validate the unsigned I.O.U. of an Arev (despite the principle 'Shibuda d'Oraisa'), then he will certainly not agree with Rebbi Yochanan, who accepts it even not in the case of an Arev.

(b)We establish that they argue over Rebbi Yishmael's opinion - Rebbi Yochanan holds like Rebbi Yishmael; whereas according to Resh Lakish, it is only in the case of an Arev that Rebbi Yishmael validates an unsigned I.O.U. (due to the principle 'Shibuda d'Oraisa'), but not in other cases.

6)

(a)We learned above the statement of Rav Gidal Amar Rav regarding Shtarei Pesikta ('Hen Hen ha'Devarim ha'Niknin ba'Amirah'). On what grounds does Rava ...

1. ... contend that, logically speaking, Rav's statement should be restricted to the father of a Na'arah (but not to the father of a Bogeres)?

2. ... conclude that this cannot be correct?

(b)Why then, does 'Hen Hen ha'Devarim ... ' apply, even though the parents receive no money in exchange?

(c)Ravina asked Rav Ashi whether these undertakings should be documented (even without the explicit consent of either party) or not. What are the ramifications of this She'eilah?

(d)What did Rav Ashi reply?

6)

(a)We learned above the statement of Rav Gidal Amar Rav regarding Shtarei Pesikta ('Hen Hen ha'Devarim ha'Niknin ba'Amirah'). Rava ...

1. ... contends that, logically speaking, Rav's statement should be restricted to the father of a Na'arah (but not to the father of a Bogeres) - because there at least, he receives the Kidushin money (and why would anyone agree with a full heart [the essence of all Kinyanim] on the basis of mere words, unless he receives something in exchange.

2. ... conclude that this cannot be correct - because, if it was, on what grounds would the father of the Chasan (who does not receive money for the Kidushin of his son any more than the father of a Bogeres) agree with a full heart to the Kinyan.

(b)'Hen Hen ha'Devarim ... ' applies, even though the parents receive no money in exchange - because of the Hana'ah of entering into the Shiduch together.

(c)Ravina asked Rav Ashi whether these undertakings should be documented or not - to enable both sides to claim from Meshubadim.

(d)Rav Ashi replied - in the negative (unless both parties give their consent).

7)

(a)Based on Rav Ashi's previous answer, how does he explain our Mishnah 'ha'Pikchin Hayu Kosvin al Menas she'Azun es Bitcha ... Kol Zeman she'At Imi'?

(b)What did Rebbi Chiya comment on the Mishnah (in Af-al-Pi) 'ha'Kosev l'Ishto Din u'Devarim ... '? What do we learn from there?

(c)We learned in a Beraisa 'Ein Kosvin Shtarei Erusin v'Nisu'in Ela mi'Da'as Sheneihem'. Assuming that the Tana is not referring to Shtarei Pesikta (posing a Kashya on Rav Ashi), then to what is he referring?

(d)This conforms with the opinion of Rav Papa and Rav Sheravya. In a case when they went and wrote a Shtar Kidushin without the consent of the Kalah (even though she agreed to the actual Kidushin itself), what did Rabah and Ravina on the one hand, and Rav Papa and Rav Sheravya on the other, rule?

7)

(a)Based on his previous answer, Rav Ashi explains that when the Tana of our Mishnah wrote 'ha'Pikchin Hayu Kosvin al Menas she'Azun es Bitcha ... Kol Zeman she'At Imi' - he meant 'Omrin'.

(b)Rebbi Chiya commented that when the Tana of the Mishnah in Perek Af-al-Pi states 'ha'Kosev l'Ishto Din u'Devarim ... ' - he means to say 'ha'Omer l'Ishto', from which we learn that sometimes the Tana says 'ha'Kosev' when what he really means is 'ha'Omer'.

(c)We learned in a Beraisa 'Ein Kosvin Shtarei Erusin v'Nisu'in Ela mi'Da'as Sheneihem'. Assuming that the Tana is not referring to Shtarei Pesikta (posing a Kashya on Rav Ashi) - then he is referring to Shtarei Kidushin themselves.

(d)This conforms with the opinion of Rav Papa and Rav Sheravya. In a case when they went and wrote a Shtar Kidushin without the consent of the Kalah (even though she agreed to the actual Kidushin itself), Rabah and Ravina on the one hand ruled - Mekudeshes; whereas Rav Papa and Rav Sheravya on the other, ruled - Einah Mekudeshes.

8)

(a)Our Mishnah states 'If the husbands died, their daughters are fed from Bnei Chorin, whilst her daughter is fed from Meshubadim, because she is like a creditor'. What problem does this Mishnah create for Rav Ashi?

(b)How does he establish the Mishnah to resolve the problem?

(c)If they made a Kinyan for her daughter, then why do we think that they might not have done so for their daughters?

(d)How is it in fact possible for their daughters to have been present at the time of the Kinyan (leaving us with a Kashya on Rav Ashi)?

8)

(a)Our Mishnah states: 'If her husbands died, their daughters are fed from Bnei Chorin, and her daughter, from Meshubadim, because she is like a creditor', creating a problem with Rav Ashi - according to one does not write a Shtar (without which one cannot claim from Meshubadim).

(b)To reconcile the Mishnah with Rav Ashi, we establish it - when they made a Kinyan.

(c)Even though they made a Kinyan for her daughter, we initially think that they might not have done so for their daughters - because they would not have been present at the time of the Kinyan (when they got married).

(d)It is in fact possible for their daughter to have been present at the time of the Kinyan (leaving us with a Kashya on Rav Ashi) - if the husband divorced his wife, and later, when they already had a daughter, he remarried her making new conditions.

9)

(a)So we try to answer that a Kinyan will only be effective by her daughter, who is not included in the Tenai Beis Din, but not by their daughter, who is. On what grounds do we reject this answer?

(b)What is the final reason (according to Rav Ashi), for the fact that their daughter may not claim from Meshubadim, in spite of the Kinyan, even though her daughter may?

9)

(a)So we try to answer that a Kinyan will only be effective by her daughter, who is not included in the Tenai Beis Din, but not by their daughters, who are. We reject this answer however - on the grounds that it is illogical to suggest that the latter should be worse off because they are included in the Tenai Beis Din.

(b)The final reason (according to Rav Ashi), for the fact that their daughters may not claim from Meshubadim, in spite of the Kinyan, even though her daughter may - is because, since he is obligated to feed them via a Tenai Beis Din, we are afraid that he may have put away bundles of money for her Mezonos.

10)

(a)What does Rav Chisda extrapolate from our Mishnah, which states that the first husband is obligated to send her Mezonos 'le'Makom she'Imah'?

(b)What are the ramifications of this inference?

(c)We query this however, on the grounds that the Tana may be referring to a Ketanah. What is the significance of this answer?

(d)To which incident is this referring?

(e)How do we prove that the Tana is in fact, referring even to a Gedolah, and that this is therefore considered the normal thing to do?

10)

(a)Rav Chisda extrapolates from our Mishnah, which states that the first husband is obligated to send her Mezonos 'le'Makom she'Imah' (and not to 'Beis Achehah') - that after her divorce, a woman normally goes to her mother ...

(b)... in which case, when the Yesomim feed her, they cannot demand that she moves in with them.

(c)We query this however, on the grounds that the Tana may be referring to a Ketanah - who will certainly live with her mother (and not with her brothers) due to the decree, following an incident which took place, forbidding her to live with her brothers.

(d)The incident is - that of the brothers, who insisted that their little sister live with them, and on the very first night, they murdered her, in order to inherit the 'Isur Nechasim' that would fall due to her when she married.

(e)We prove that the Tana is in fact, referring even to a Gedolah, and that this is therefore considered the normal thing to do - from the Lashon of our Mishnah 'le'Makom she'Imah' which does not seem to differentiate between a Ketanah and a Gedolah.

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