1)

(a)The Mishnah rules that a man who writes that he has no claim on his wife's property ('Din u'Devarim Ein li bi'Nechasayich') ...

1. ... is permitted to eat the Peiros - during her lifetime.

2. ... even inherits her - after her death.

(b)And the significance of his statement is - that should she sell her property, the sale is valid, which it would otherwise not have been [See Tos. Yom-Tov]).

(c)In order to be prohibited to eat the Peiros, too, he will have to add - the word 'u've'Peiroseihen' ...

(d)...though he will still inherit her when she dies.

2)

(a)In the latter case, Rebbi Yehudah still allows him to eat 'Peirei Peiros' - the fruit of property that was purchased from the initial sale.

(b)For the Peirei Peiros to be included in the prohibition, the husband will have to add - 'u've'Peirei Peiroseihen ad Olam' (See Tos. Yom-Tov).

(c)The Halachah is - like Rebbi Yehudah.

3)

(a)According to the Tana Kama, if the husband writes 'Din u'Devarim Ein li bi'Nechasayich u've'Peiroseihen be'Chayayich u've'Mosech" (See Tos.Yom-Tov) - then he does not inherit her either.

(b)According to Rabban Shimon ben Gamliel, he nevertheless inherits her, based on the principle - 'Masneh al Mah she'Kasuv ba'Torah, T'na'o Bateil (If someone makes a stipulation that counters what the Torah says, his condition is null and void [See Tos.Yom-Tov])'.

(c)We learn that a husband inherits his wife from the Pasuk ' in Pinchas - "Veyarash osah".

4)

(a)In spite of the Pasuk in Pinchas, the real source for a husband inheriting his wife is - a Takanas Chachamim ...

(b)... and the Pasuk is merely an Asmachta.

(c)We nevertheless rule like Rabban Shimon ben Gamliel - because the Chachamim reinforced the Takanah as if it was a Torah-based law (See also Tiferes Yisrael).

5)

(a)In a case where someone dies, leaving behind a wife, a creditor and heirs (See Tos. Yom-Tov), and he has money deposited with a third person or lent to him, from whom all three are now claiming, the first right, according to Rebbi Tarfon - goes to the one who is the weakest.

(b)Some explain this to mean the one whose Sh'tar has a later date, and - who is therefore unable to claim from purchasers who bought from the deceased before that date (See Tos. Yom-Tov).

(c)The principle that the Metalt'lin belonging to Yesomim are Meshubad neither to the Kesubah of the deceased man's wife nor to the creditor does not apply here - since the money is not currently in the domain of the Yesomim (See Tos. Yom-Tov).

(d)Others define 'the weakest' as - the wife (See Tos. Yom-Tov) ...

(e)... since a woman does not tend to go around searching for the property of the deceased like a man does.

6)

(a)Rebbi Akiva ...

1. ... disagrees with Rebbi Tarfon based on the principle - 'Ein Merachmin ba'Din' (there is no mercy in Din).

2. ... maintains that it goes to the heirs - who, unlike the wife and the creditors, do not require a Shevu'ah ...

(b)... since they are certainly entitled to the property, whereas the rights of the other two will only be confirmed after they have sworn.

(c)If the wife or the creditor seizes the money - he/she must return it (See Tos. Yom-Tov).

7)

(a)In the same case, but where the deceased leaves detached fruit - whoever seizes it may keep it (See Tos. Yom-Tov).

(b)In the event that the woman or the creditor seize more than their due, the balance, according to ...

1. ... Rebbi Tarfon - goes to the weaker of the remaining two.

2. ... Rebbi Akiva - goes to the Yesomim (See Tos. Yom-Tov).

(c)The weakest in this case, according to Rebbi Tarfon is - the one with the document, because once it reaches the hands of the Yesomim, the other one will be unable to take it from him.

8)

(a)The Halachah differs nowadays from the above rulings - because it is customary to claim from the Metalt'lin of Yesomim.

(b)Consequently, the Halachah nowadays in the previous case is that - whoever seizes it may keep it.

(c)The one with the earlier-dated document not have first rights - because, when it comes to Metalt'lin, the date on the document carries no weight.

(d)In the event that none of the claimants actually seizes the Metalt'lin - it is divided equally among all three claimants (as we will learn in the following Perek).

9)

(a)The Mishnah rules that a man who appoints his wife to manage his store or (as an Apotropus [See Tos. Yom-Tov] over) his money - may force her to swear that she has not cheated him ...

(b)... even on a Ta'anas Safek (without any proof that she did).

(c)According to the Tana Kama, this right extends - to making her swear at the same time (with a Gilgul Shevu'ah) that she did not also withhold from him what she produced ('Pilchah' - her spinning) or from the bread that she baked (See Tos. Yom-Tov).

(d)According to Rebbi Eliezer - he can force her to swear that anyway (even without a Gilgul Shevu'ah).

(e)The Halachah is - like the Tana Kama.

10)

(a)The Tana rules that a man who writes (See Tos.Yom-Tov) a Sh'tar exempting his wife from any Neder (See Tosfos Yom-Tov) or Shevu'ah that she may be obligated to make (See Tiferes Yisrael) - cannot subsequently demand a Shevu'ah from her in the event that he divorces her.

(b)He may however, demand 'Shevu'as ha'Yorshin' - (a Shevu'ah a. that their mother did not mention at any time that her Kesubah was paid and b. that they had not found a Sh'tar to that effect) from the heirs should their mother die and they come to claim her Kesubah [See also Tos. Yom-Tov]).

(c)And the same applies to whoever comes in her name ('ha'Ba'im bi'Reshusah') - with reference to - someone who purchased her Kesubah from her before she got divorced and subsequently died [See Tos.Yom-Tov]), unless he specifically included them in the exemption.

11)

(a)If the husband dies, and his wife or her heirs come to claim the Kesubah from his heirs however - the husband's exemption does not extend to them, and they are permitted to demand a Shevu'ah before paying the Kesubah, unless he incorporates them too, in his original exemption.

(b)And if he adds 've'Al ha'Ba'im bi'Reshusi' - then they cannot demand a Shevu'ah from the purchasers of her Kesubah either (See Tos.Yom-Tov DH 'Aval Yorshav').

12)

(a)In connection with the previous case, the Mishnah now exempts a wife who returns to her father's house straight from her husband's grave, from making a Shevu'ah - regarding any work that she performed in connection with her husband's property between his death and his burial (See Tiferes Yisrael).

(b)The Chachamim exempted her - because otherwise, the need to find witnesses regarding any transactions that she made to pay for her husband's burial would result in the burial being delayed.

13)

(a)The Tana exempts her from swearing in the event that she returns to her father-in-law's house - provided she discontinues acting as an agent on her deceased husband's property.

(b)When he states that she is obligated to swear on the agency that she undertakes in the future he is referring to - any Apotropsus that she undertakes from after the burial.

(c)Her husband's exemption does not exempt her - since it was confined to his property but not to the property belonging to the Yesomim.

(d)And when he adds 'but not in the past', he is referring to all transactions that she made during her husband's lifetime (See Tos. Yom-Tov).

14)

(a)'ha'Pogemes Kesubasah' means - a woman who claims that part of her Kesubah has been paid (as will be explained in the next Mishnah).

(b)The Tana rules that - 'Pogemes Kesubasah' is obligated to swear (See Tos. Yom-Tov) when claiming her Kesubah.

(c)The Chachamim instituted a Shevu'ah in this case - because we suspect that maybe, without her realizing it, she was paid in full (as the husband claims), since a creditor who is paid in installments does not tend to note how much he has been paid; so the Chachamim institute a Shevu'ah, prompting to recall the truth.

15)

(a)The woman is also obligated to swear - if one witness claims that she has already been paid.

(b)The Chachamim instituted a Shevu'ah there - in order to put the husband's mind at ease.

(c)Although the current Shevu'os are all Takanos Chachamim, they are considered as if they were min ha'Torah - which requires the person who is swearing to hold an object of Mitzvah in his/her hand whilst the oath is being taken.

16)

(a)The Tana also rules that a woman who claims from the property of Yesomim, from Nechasim Meshubadim (See Tos. Yom-Tov or not in the presence of the husband (See Tos. Yom-Tov) - is obligated to swear ...

(b)... because, since, if a debtor demands an oath from the creditor (that he has not already been paid), the latter is obligated to comply, there where the creditor claims from somebody else or not in his presence, the Chachamim demanded it in his place.

17)

(a)The Mishnah now defines the cases mentioned in the previous Mishnah with reference to a woman whose Kesubah is a thousand Zuz. The case of ...

1. ... 'ha'Pogemes Kesubasah' is - where the husband claims that she has already been paid, and where she replies that she only received a Manah.

2. ... 'Eid Echad Me'idah she'Hi Paru'ah' is - where one witness backs the claim of the husband, who maintains that he already paid her Kesubah.

3. ... 'mi'Nechasim Meshubadim' is - where the husband sold property (whilst they were married) and she now claims her Kesubah from that property.

4. ... 'mi'Nechsei Yesomim' is - where her deceased husband left behind property which the Yesomim inherited, from which she now claims her Kesubah.

5. ... 'she'Lo be'Fanav' is - where her ex-husband (See Tos. Yom-Tov) went overseas and she now comes to Beis-Din to claim her Kesubah.

(b)Rebbi Shimon rules - that whenever the Almanah claims her Kesubah from the Yesomim, they can demand that she first swears ...

(c)... with reference to the ruling earlier in the Perek, which permits a man who appointed his wife a storekeeper or an Apotropus to make her swear (and subsequently also the Yesomim) unless he specifically included them in his subsequent prohibition.

18)

(a)There where she claims her Kesubah from the Yesomim, Rebbi Shimon now holds ...

1. ... 'Mashbi'in osah' - even if her husband included them in the prohibition (See Tos. Yom-Tov DH 'Rebbi Shimon Omer'), whereas if she doesn't, he holds ...

2. ... 'Ein Mashbi'in osah', even if the husband did not include them in the prohibition (See Tos. Yom-Tov).

(b)In any event, Rebbi Shimon does not concur with the opinion of the Tana Kama and Rebbi Eliezer, who said there - 'Mashbi'ah Kol Z'man she'Yirtzeh'.

(c)The Halachah is - like the Tana Kama (See Tos. Yom-Tov).

19)

(a)The Mishnah rules - that a woman can claim her Kesubah with a Get even though she does not produce the Sh'tar Kesubah ...

(b)... because the Tana is speaking in a place where the Minhag is not to write a Kesubah (See Tos. Yom-Tov).

(c)She can claim her Kesubah without a Sh'tar - because Kesubah is a Ma'aseh Beis-Din (an enactment of Beis-Din), and every Ma'aseh Beis-Din is considered as if the claimant is holding a Sh'tar.

(d)She is allowed to claim - the actual Kesubah (Manah-Masayim), but not the Tosefes.

20)

(a)In the reverse case, where she produces a Kesubah but no Get, she claims that she lost her Get, whereas her ex-husband claims - that he lost his receipt (See Tos. Yom-Tov).

(b)She is not believed - because the Mishnah is speaking where there are no witnesses that she is divorced, in which case he is believed to say that he has paid, since he could have said that he did not divorce her (See Tiferes Yisrael [Bo'az]).

(c)The Mishnah cites a similar ruling regarding a creditor who claims a debt after the Sh'mitah but no P'ruzbul - a Sh'tar that authorizes Beis-Din to claim his debts on his behalf (as instituted by Hillel), which he claims he lost.

(d)He can no longer claim his debt - because, unless the creditor produces a P'ruzbul, the termination of Sh'mitah cancels all outstanding debts, and his claim that he lost his P'ruzbul is not accepted ...

(e)... just as the woman's claim that she lost her Get is not accepted in the previous case.

21)

(a)Rabban Shimon ben Gamliel rules that, from the period of Sakanah and onwards - a woman is permitted to claim her Kesubah without producing a Get ...

(b)... and that - a creditor is permitted to claim his debt after the Sh'mitah without producing a P'ruzbul.

(c)The Sakanah he is referring to is - that of the Romans, who forbade Yisrael to keep the Mitzvos (on pain of death).

(d)Consequently, the women would burn their Gitin immediately upon receiving them and the creditors, their P'ruzbulim as soon as they had written them.

22)

(a)The Mishnah rules that a woman who produces two Gitin and two Kesubos - can claim two Kesubos ...

(b)... based on the assumption that her husband divorced her and took her back, after writing her a new Kesubah.

(c)This ruling only applies - if each Kesubah predates one of the Gitin.

23)

(a)If the date on both Kesuvos precede that of the first Get - she can only claim one Kesubah (See Tos. Yom-Tov) ...

(b)... since he did not write her a second Kesubah before remarrying her.

(c)It is not necessary to do so - because we assume that when a man remarries his wife after divorcing her, he does so with her original Kesubah still in place.

24)

(a)The Tana rules that if there is one Kesubah and two Gitin, or one Kesubah, one Get and her husband's death (See Tos. Yom-Tov) - she may claim only one Kesubah (for the reason that we just gave).

(b)The Mishnah finally rules that ...

1. ... a Katan whose father married him off (and who subsequently grew up with his wife) - may retain the Kesubah that his father wrote, and the same applies to ...

2. ... a Ger whose wife converted together with him ...

(c)... for the same reason again (because the marriage continues on the understanding that the original Kesubah remains in place [See Tos. Yom-Tov]).