I'm struggling to understand how Rav Nosson bar Oshaya arrives at his valuation of the loss that the eidim must pay. I understand that he says it is the value of the kesuvah minus the value of the wife's future rights. However, why does he decide this? In other words, how does this amount relate to a loss that the husband would have suffered had the eidim succeeded?
David Greenberg, New York, NY, USA
could you explain r. nasan shita that edim zomemim pay the kesuba that is worth to the wife? thank you.
rubin silverman, teaneck, nj
The Ba'al has some rights to the Kesuvah (i.e. it is his if his wife dies first), and he can get more for his rights in the Kesuvah than the Ishah can get for hers, since he is eating the fruits and since he does not have to collect his portion from anyone after his wife's death, as Rashi writes.
Because of this, there are two posible valuations of the Kesvuah to the Ba'al:
1. What he would get if he would sell his rights to the Kesuvah.
2. What it would cost him to buy the half of the Kesuvah that is not his from his wife.
For example, if it would cost the husband 40 Zuz to buy his wife's present rights in a 100 Zuz Kesuvah from his wife, we could say that the Edim Zommemim tried to cause him 60 Zuz of damage. That is, the Edim tried to make him pay his wife 100 Zuz, while he actually could have paid his wife just 40 Zuz and kept it all for himself.
D. Zupnik
How does this fit with those who hold that the womans sons inherit her kesuvah?
Neil
The law of Kesuvas Benin Dichrin only gives the sons the right to the Kesuvah if their father *dies* after inheriting his wife's Kesuvah. Only the husband inherits his wife's Kesuvah, though, while he is alive.
M. Kornfeld