REVACH L'DAF
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SUMMARY
Rebbi: An orphan daughter may collect her dowry from the inheritance that was sold or given as a Mashkon by the brothers. (1)
An orphan daughter may not collect Mezonos from the inheritance that was sold or given as a Mashkon by the brothers.
Rebbi Yochanan: If there are two orphan daughters and a son, and the first daughter took a dowry from the inheritance and subsequently the son died and the daughters inherit the property, the second daughter loses her right to a dowry. (2)
Rebbi Chanina: The second daughter does not lose her rights for a dowry even though she inherits the property upon the death of the son.
An orphan daughter has the status of a Ba'alas Chov when she collects the dowry from the brothers, and the brothers may pay her with money (instead of Karka).
The daughter is a Ba'alas Chov of the brothers, not of the father, and collects the dowry from Beinonis (medium quality Karka) without a Shevu'ah. (2)
An orphan daughter may collect her dowry even from the base of a mill or from the rent of a house. (3)
The mourner sits at the head of the table when he is being comforted.
Rava says that Mezonos and Kesuvah of a widow and the dowry of the orphan daughters may be collected only from Karka.
Rebbi Meir: If a father gives money to an agent to buy land for his daughter who is an Arusah, the agent should do as instructed. (4)
Rebbi Yosi: If the Arusah is a Gedolah and she requests that the money be given to her Chasan, the agent should do as she says. (5)
If the daughter is a Ketanah, the agent must carry out the father's will for her.
If the father instructed that after his death the children should be supported with one Shekel a week, if they need a Sela we provide them with a Sela.
If the father instructed not to give them more than one Shekel a week, even if they require a Sela for their needs we provide them with only one Shekel. (6)
A BIT MORE
1. Rebbi Yochanan: The orphans may not collect the dowry from the inheritance that was sold or given as a Mashkon by the brothers.
2. If the daughters are considered creditors of the father, they collect from Ziboris (the low quality land), and only after swearing to the orphans that they have not yet collected, just as any Ba'al Chov who is collecting from orphans.
3. Although the dowry may be collected only from Karka, these things are considered Karka.
4. Even if the daughter requests that the money be given to her Chasan and to allow him to do with the money as he pleases, the agent must carry out the instructions he was given by the father because it is a Mitzvah to carry out the instruction of the deceased.
5. Rebbi Yosi explains that since she is a Gedolah, even if the agent already bought the field she has the capability of selling it, and therefore there is no point for the agent to buy the field. Rather, he should do with the money as she instructs.
6. If the father instructed that if his children die the inheritance shall be given to the others, even if he said that the children shall be given a Shekel a week and he did not say that they should not be given more than a Shekel a week, they receive only a Shekel, even though they require a Sela.
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BRIEF INSIGHT
THE OBLIGATION OF THE DOWRY
The Gemara says that an orphan daughter may collect her dowry from the inheritance that was sold or given as a Mashkon by the brothers. The Mordechai says that the dowry may be collected only if the brothers sold the inheritance, but not if the father sold the inheritance in his lifetime. This is because the obligation to pay the dowry does not rest on the father; it is the heirs who are obligated to pay the dowry, as long as the father did not command that he does not want the daughter to take a dowry form the inheritance. (Hagahos Ashri)
QUICK HALACHAH
THE COLLECTION OF THE DOWRY
The 10% that is given for the dowry is not a Tenai Kesuvah, and therefore even after the Takanas Chachamim [which allows the widow to collect the Kesuvah from movable property], she may collect the dowry only from land. (Shulchan Aruch EH 112:2)
The Chachamim established a Takanah that nowadays the Kesuvah and Tenai Kesuvah may be collected from movable property. However, that Takanah does not apply to the dowry of the orphan daughters, and even nowadays she may collect it only from land. (Chelkas Mechokek)
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