Mishnah 1
Hear the Mishnah

1)

(a)What will be the Din if a man dies, leaving behind two wives or their heirs, if there is not sufficient property to pay both Kesuvos?

(b)What is the difference between what a wife claim and what her heirs claim?

(c)How will the Din therefore differ in a case where his first wife died before he married the second one?

(d)Why is that?

1)

(a)If a man dies, leaving behind two wives or their heirs, and there is not sufficient property to pay both their Kesuvos - then the first wife claims first.

(b)Whereas a wife's claim falls under the category of a debt, what her - heirs claim is called 'Kesubas B'nin Dichrin' (which takes the form of his mother's inheritance, as is written in the Kesubah).

(c)Consequently, if a man's first wife died before he married the second one - it is his second wife and her heirs who have the right to claim first should he die ...

(d)... because the first wife's heirs have the obligation to pay off their father's debts before they can receive anything.

2)

(a)On what condition do the second wife's heirs claim the Kesubah from the husband's heirs?

(b)What if they fail to fulfil this condition?

(c)Why is that?

2)

(a)The second wife's heirs claim the Kesubah from the husband's heirs - only if she or her heirs made a Shevu'ah (which is always required when claiming money from the heirs of a deceased person) before her husband died ...

(b)Otherwise, her heirs receive nothing ...

(c)... due to the principle that 'One cannot bequeath a Shevu'ah to one's heirs'.

Mishnah 2
Hear the Mishnah

3)

(a)The Mishnah now discusses a case where a man dies after his two wives, leaving precisely enough property to pay for the two Kesuvos. What do the heirs of the larger Kesubah claim?

(b)What is the Din?

(c)How will the Din differ if there is an extra Dinar (over and above the combined value of the two Kesuvos [See Tos. Yom-Tov])?

(d)What does the Tana say in a case where no extra Dinar is available, but the heirs of the larger Kesubah are willing to accept their father's property at a higher price than its real value, in order that there should be an extra Dinar?

(e)Why is that?

3)

(a)The Mishnah now discusses a case where a man dies after his two wives, leaving precisely enough property to pay for the two Kesubos. The heirs of the larger Kesubah claim -their mother's Kesubah, and the remainder, they argue, ought to be divided.

(b)The Din however is - that they divide the money equally, like a regular inheritance.

(c)If however, there is an extra Dinar (See Tos. Yom-Tov) over and above the combined value of the two Kesuvos - then each set of heirs inherit their mother's Kesubah (Kesubas B'nin Dichrin), and the remaining Dinar they divide equally.

(d)In a case where no extra Dinar is available, but the heirs of the larger Kesubah are willing to accept their father's property at a higher price than its real value, in order that there should be an extra Dinar - we do accept their 'offer'.

(e)... because the property must be assessed by Beis-Din, and does not lie in their hands.

Mishnah 3
Hear the Mishnah

4)

(a)What does the Tana Kama say about a case where the deceased father's property itself is not worth more than the combined sum of the two Kesuvos, but where he had money owed to him from his business ventures or from a loan?

(b)In which point does Rebbi Shimon disagree with the Tana Kama?

4)

(a)The Tana Kama rules that where the deceased father's property itself is not worth more than the combined sum of the two Kesuvos, money that is owed to him from his business ventures or from a loan - does not constitute the required extra five Dinrim that will enable the heirs of the larger Kesubah to claim it.

(b)According to Rebbi Shimon - the same will apply to Metalt'lin, as it is specifically Karka that constitutes those five Dinrim (See Tos. Yom-Tov).

Mishnah 4
Hear the Mishnah

5)

(a)What is the Din where three wives who claim Kesuvos of a Manah (Rachel), two Manah (Le'ah) and three Manah (Rivkah), from the property of their deceased husband which totals only one Manah (See Tos. Yom-Tov)?

(b)What is the reason for this ruling?

(c)This speaks where all three Sh'taros are dated on the same day. What will be the Din if they are not?

5)

(a)The Mishnah rules that if three wives claim Kesuvos of a Manah (Rachel), two Manah (Le'ah) and three Manah (Rivkah) from the property of their deceased husband which totals only a Manah (See Tos. Yom-Tov) - they share .the Manah equally ...

(b)... since they all possess equal rights in the Manah.

(c)This speaks where all three Sh'taros are dated on the same day. If they are not - then the woman whose Sh'tar is dated the earliest receives it.

6)

(a)And what if the husband's property is worth two hundred Zuz (two Manah)?

(b)Why is that?

(c)On what grounds does the Tana then grant her fifty Zuz?

(d)What would be the Din if, rather than withdrawing form the fist Manah, Le'ah had given the difference to Rachel as a gift?

(e)The Tana defines the amount that Leah and Rivkah share as 'three Dinrei Zahav each'. How much is a Dinar Zahav?

6)

(a)If the husband's property is worth two Manah - then Rachel will receive thirty-three and a third Manah ...

(b)... because her stakes in the property are confined to the first Manah.

(c)Nevertheless, the Tana grants her fifty Zuz - because he is speaking in a case where Le'ah withdrew her claim from the first Manah (See Tos. Yom-Tov), allowing Rachel to share it with Rivkah.

(d)If, rather than withdrawing form the fist Manah, Le'ah had given the difference to Rachel as a gift - then she would have lost the equivalent amount when sharing the remainder of the property with Rivkah.

(e)The Tana defines the amount that Leah and Rivkah share as 'three Dinrei Zahav each'. A Dinar Zahav is - twenty-five Dinrim.

7)

(a)In the event that the husband left behind property to the value of three hundred Zuz, the Mishnah rules that Rachel receives fifty Zuz, Le'ah one Manah (a hundred Zuz) and Rivkah, six golden Dinrim (a hundred and fifty Zuz). On what condition do Rachel and Le'ah divide the first Manah?

(b)On what basis does the Tana conclude that Le'ah then receives another fifty Zuz and Rivkah, a hundred and fifty?

(c)The author of the Mishnah is Rebbi Nasan. What does Rebbi say about the ruling regarding the three Kesuvos?

(d)Why is that?

(e)Like whom is the Halachah?

7)

(a)In the event that the husband leaves behind property to the value of three hundred Zuz, the Mishnah rules that Rachel receives fifty Zuz, Le'ah one Manah (a hundred Zuz) and Rivkah, six golden Dinrim (a hundred and fifty Zuz). Rachel and Le'ah divide the first Manah - because the Tana is speaking where Rivkah withdraws her claim from the first Manah (See Tos. Yom-Tov).

(b)And he concludes that Le'ah then receives another fifty Zuz and Rivkah, a hundred and fifty - because Rivkah shares the second Manah (in which Rachel has no stakes anyway) with Le'ah, whereas the third Manah (in which Le'ah has no stakes either) goes entirely to her.

(c)The author of the Mishnah is Rebbi Nasan. According to Rebbi however - the three women divide their husband's property equally, irrespective of how much each one claims ...

(d)... because each of the three Manim is Meshu'bad to Rachel, no less than it is to Le'ah and to Rivkah.

(e)The Halachah is - like Rebbi.

8)

(a)The Mishnah concludes that the same will apply to three business partners who place money into the kitty, one, one Manah, one, two and one three (See Tos. Yom-Tov). On what condition do they divide the gains proportionately?

(b)What does Rebbi say to that?

(c)On what condition do they divide the gains equally (unless they stipulate otherwise)?

8)

(a)The Mishnah concludes that the same will apply to three business partners who place money into the kitty, one, one Manah, one, two and one three (See Tos. Yom-Tov). They divide the gains proportionately - there where they had not yet purchased goods with the money, and it was the money that increased in value one way or the other (See Tos. Yom-Tov).

(b)Even Rebbi - will agree with this ruling.

(c)They divide the gains (and the losses) equally (unless they stipulate otherwise) however, once they purchase goods with the money, which they sell at a more expensive price (See also Tos. Yom-Tov).

Mishnah 5
Hear the Mishnah

9)

(a)We already learned that where a number of wives claim their Kesuvos from their deceased husbands' property, they claim according to the date on the Sh'tar. What does the Tana Kama add to that in a case where four women with four differently-dates Kesuvos come to claim their Kesuvos?

(b)On what condition does the fourth wife claim without having to swear?

(c)What does ben Nannes say?

(d)What is his reason?

9)

(a)We already learned that where a number of wives claim their Kesuvos from their deceased husband's property, they claim according to the date on the Sh'tar. In a case where four women with four differently-dates Kesuvos come to claim their Kesuvos, the Tana Kama adds - that each claimant is obligated to swear to the one that follows her (in the event that she demands a Shevu'ah [See Tos. Yom-Tov]) that she did not already claim from her husband).

(b)The fourth wife however, claims without having to swear - provided there are no other heirs or creditors.

(c)ben Nannes argues - that she too, is obligated to swear ...

(d)... because it is not logical that she should gain a Shevu'ah, simply because she is the last one (See following question).

10)

(a)Ben Nannes argues specifically where the field that one of the other three wives is discovered to have been stolen. What is the case?

(b)What is now the basis of their Machlokes?

(c)Why does ...

1. ... the Tana Kama nevertheless exempt the fourth wife from a Shevu'ah?

2. ... ben Nannes obligate her to swear?

(d)On what condition will even the Tana Kama concede that the fourth wife has to swear?

(e)Like whom is the Halachah?

10)

(a)Ben Nannes argues specifically where the field that one of the other three wives is discovered to have been stolen, and where the current owner demands a Shevu'ah from the fourth wife seeing as she is going to lose her field, in which case she had the first right to the field currently in the fourth wife's possession (See Tos. Yom-Tov).

(b)The basis of their Machlokes is - whether if a later creditor claimed property before an earlier one, he is permitted to retain it (ben Nannes) or not (the Tana Kama).

(c)Consequently ...

1. ... the Tana Kama exempts the fourth wife from a Shevu'ah - seeing as she is anyway going to have to relinquish her rights to the field in favor of the wife whose field was stolen, whereas according to ..

2. ... ben Nannes, she has to swear because she will otherwise, having claimed the field, she will be permitted to retain it.

(d)Even the Tana Kama will concede that the fourth wife has to swear however - in the event that she seized Metalt'lin (to which the order of rights does not apply).

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

11)

(a)What does the Tana say in a case where all four Sh'taros are dated on the same day?

(b)Why is this Din confined to Yerushalayim?

(c)What if all the Kesuvos are dated at the same time, and the husband's property is only worth a Manah?

11)

(a)What does the Mishnah say in a case where all four Sh'taros are dated on the same day - then they claim in order of the time written in the Kesubah.

(b)This Din however, is confined to Yerushalayim- where it was customary to insert the time of day.

(c)If all the Kesuvos are dated at the same time, and the husband's property is only worth a Manah then the four women divide it equally (See Tos. Yom-Tov & Tiferes Yisrael).

Mishnah 6
Hear the Mishnah

12)

(a)The Mishnah now discusses a case where, when a man sells his field, his first wife writes that she foregoes her rights to claim her Kesubah from him. On what condition is her stipulation valid?

(b)Why can she not claim that she simply made that stipulation in order to satisfy her husband?

(c)What happens in the event that the husband dies?

(d)The impasse can only be resolved by means of a P'sharah. What does this entail?

(e)What is the root of the word 'P'sharah'?

12)

(a)The Mishnah now discusses a case where, when a man sells his field, his first wife writes that she foregoes her rights to claim her K'subah from him. Her stipulation is valid - provided they make a Kinyan to clinch it (See Tos. Yom-Tov).

(b)She cannot claim that she simply made that stipulation in order to satisfy her husband (See Tos. Yom-Tov) - because it speaks where he had sold a field previously and she had not made any such condition.

(c)In the event that the husband dies - the second wife claims her Kesubah from the purchaser, the first wife from the second wife, and the purchaser from the first wife (ad infinitum) ....

(d)... until they make a P'sharah - meaning that they divide the field among themselves.

(e)The root of the word 'P'sharah' is - 'Poshrim' (warm [neither hot nor cold]).

13)

(a)The Mishnah applies thye same Din to a creditor (and two purchasers). What is the case?

(b)Why can the first purchaser not say to the creditor 'I left you a field to claim from!', thereby exempting himself from the obligation to pay?

13)

(a)The same Din applies, says the Tana, to a creditor (and two purchasers) - where Shimon, who owes Reuven a Manah, sells two fields, each worth fifty Zuz, to two purchasers, and where Reuven writes a Sh'tar withdrawing from any claim against the second purchaser. Here too, Reuven claims from the first purchaser, and when the first purchaser claims from the second purchaser, Reuven claims that too. At which point, the second purchaser claims from Reuven ...

(b)The first purchaser cannot say to Reuven 'I left you a field to claim from!', thereby exempting himself from the obligation to pay - because what he left him was only half of the claim. The other half, he has.

14)

(a)And the same applies, the Tana concludes, to a woman creditor (See Tos. Yom-Tov). What is the definition of a 'woman creditor'?

(b)What is the case there?

14)

(a)And the same applies, the Tana concludes, to a woman creditor - who is claiming her Kesubah (See Tos. Yom-Tov).

(b)The case there is where her husband sold two fields to two purchasers, each to the value of half her Kesubah, and where she writes a Sh'tar withdrawing from any claim against the second purchaser. When the time to claim arrives, the woman claims first from the first purchaser, then when he claims from the second purchaser, she claims that, and when the second purchaser claims from her, she claims from the first purchaser, who claims from the second one ... .

D.A.F. TALMUD RESOURCES
FOR MASECHES KESUVOS