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KESUVOS 86

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SUMMARY

A prominent person should not offer Halachic advice that will help someone win a Din Torah even if he is a relative. (1)
 
If one sold a Shtar and subsequently is Mochel the Chov, according to the opinion that one is liable for Dina d'Garmi, he must compensate the buyer. (2)
 
If one owes money for a Chov and for a Kesuvah, his Karka is given for the Kesuvah and his money is given for the Chov. (3)
 
If a person owes money for a Chov and for a Kesuvah and he has one piece of land that is equal in value to only one of the debts, it is given to the Ba'al Chov. (4)
 
It is a Mitzvas Aseh to pay back a Chov.
 
If one refuses to fulfill a Mitzvas Aseh, Beis Din may hit him "until his soul departs."
 
A husband gives a Get to his wife and says that it should go into effect after thirty days. If the Get is resting on the side of Reshus ha'Rabim, it is not valid. (5)
 
Rebbi Yochanan: If one makes a Kinyan on condition that the item should become his in thirty days, he acquires the item even though it is in a swamp when the thirty days pass.
 
If one employs his wife as a storekeeper or a business manager, he may compel her to take an oath.
 
Rebbi Eliezer: Even if the wife was not employed by the husband, he may compel her to take an oath at any time. (6)
 
If the husband dismissed his wife from making a Shevu'ah, he may compel her heirs or the buyers of her Kesuvah to make a Shevu'ah.

A BIT MORE

1. People will learn from his conduct to give advice even to a non-relative. However, an ordinary person may give advice to a relative.
 
2. He must pay the buyer the full amount of the Chov.
 
3. Since the Ba'al Chov lent money, he deserves to receive money in return.
 
4. The land is given to the Ba'al Chov in order to prevent creditors from refraining from lending money. We are not concerned that if we do not give it to the woman, women will refrain from getting married, because a woman is more interested in getting married than a man. However, the Ba'al Chov takes precedence only when the date on the Shtar Chov and the Kesuvah is the same. If the date on the Kesuvah is earlier than the date on the Shtar Chov, the woman collects her Kesuvah first.
 
5. The side of Reshus ha'Rabim is not a place where one can make a Kinyan. According to another version in the Gemara, the Get is valid because the side of the Reshus ha'Rabim is unlike Reshus ha'Rabim itself and it is a valid place for a Kinyan.
 
6. Every woman is given sewing material and food products to work with, and he can compel her to take an oath that she did not cheat her husband with these items.

BRIEF INSIGHT

KARKA VS. KESEF
 
If one owes money for a Chov and for a Kesuvah, his Karka is given for the Kesuvah and his money is given for the Chov. Rashi says that since the Ba'al Chov lent money, he deserves to receive money in return. The woman, however, was relying on the Shibud Karka, and therefore she receives Karka. With regard to the husband's repayment of the dowry, it is considered part of the Kesuvah and she only has a right to Karka, not to money. However, the Ritva says that the husband's obligation to pay back the dowry is like any other Chov, and thus she has a right to the money as much as the Ba'al Chov.

QUICK HALACHAH

A MITZVAH TO PAY A CHOV
 
It is a Mitzvah for the orphans to pay back the Chov of their father, and Beis Din forces them to do so just as the Beis Din would have forced their father to do so. However, Beis Din forces them only if their father left them Karka. If he left them only movable goods, they are not forced to pay back the debt, but it is nevertheless a Mitzvah for them to do so. (Shulchan Aruch CM 107:1)
 
Although the movable goods that the orphans inherit are not Meshubad to the Chov of their father, it is a Mitzvah of Kibud Av to pay back the Chov, since it is a disgrace for their father that he never repaid his loan and that his money went to his children instead of being used to pay off his debts. However, if their father did not leave them any money, they have no Mitzvah to pay back from their own money, because the Mitzvah applies only to the money that they inherited from their father. (S'ma)

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