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KESUVOS 81

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SUMMARY

If a Shomeres Yavam dies, the burial must be paid for by the relatives of her husband. (1)
 
A widow is supported by the orphans and she must give them her handiwork. (2)
 
Beis Shamai: If a Sotah underwent both Kinuy and Stirah but her husband died before she drank the Mei ha'Marim, she receives her Kesuvah. (3)
 
Beis Hillel: If the husband dies before the Sotah drinks the Mei ha'Marim, she does not receive her Kesuvah.
 
If a Yavam wants to sell the property he inherited from his brother, he should divorce his wife and subsequently remarry her. (4)
 
If the Yavam is a Kohen, he should appease the Yevamah with a Se'udah in order to win permission to sell the property. (5)
 
A person should not tell his wife that the Kesuvah is on the table; all of his property is collateral for the Kesuvah.
 
If one of the brothers gives a Get to the Yevamah, she becomes forbidden to the other brothers.
 
The brother who does Yibum inherits the property of the deceased brother.
 
The Amora'im disagree about whether the sale by a Yavam of the property of his brother is a valid sale b'Di'eved or not. (6)
 
Beis Hillel: An Arusah who inherited property may not sell the property l'Chatchilah, but b'Di'eved it is a valid sale.
 
Rebbi Meir: Metaltelin is collateral for a Kesuvah.

A BIT MORE

1. Since they inherited the Kesuvah, they are obligated to pay for the burial.
 
2. The orphans are not obligated to pay for her burial.
 
3. Even though there is a doubt about whether she was Mezanah (in which case she would lose the Kesuvah) and the principle of ha'Motzi me'Chavero Alav ha'Re'ayah should dictate that out of doubt she does not get her Kesuvah, Beis Shamai maintains that one who is holding a Shtar is regarded as Muchzak in the money, and thus the woman is not considered the one who is Motzi.
 
4. A Yavam may not sell any of the property he inherited from his brother without permission from the Yevamah, because all of the property is collateral for the Kesuvah of the Yevamah.
 
5. If a Kohen divorces his wife, he may not remarry her.
 
6. If the property is given as a gift to one of the brothers, it is the same as a sale.

BRIEF INSIGHT

SETTING ASIDE PROPERTY FOR THE KESUVAH
 
The Gemara advises a man not to tell his wife that the Kesuvah is on the table. Rashi says that it is good advice because of the concern that the Kesuvah that was set aside will get lost. The Ri says that if money is set aside for the Kesuvah it will make it easier for him to divorce his wife. The Rash mi'Shantz says that it is better not to set aside money for the Kesuvah because the money that is set aside is frozen and the husband cannot do anything with it.

QUICK HALACHAH

SELLING THE PROPERTY OF THE BROTHER
 
Even if the Yavam divorces the Yevamah and remarries her, he may not sell the property he inherited from his brother, unless he stipulated when he remarried her that all of his property is collateral for her Kesuvah. If he does not divorce her but she agrees to allow the Yavam to sell the property that he inherited, on condition that he stipulates in writing that all of his property is collateral for the Kesuvah, he is permitted sell the property he inherited. (Shulchan Aruch EH 168:7)

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