KESUVOS 51 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

[51a - 40 lines; 51b - 44 lines]

1)[line 1]כל העומד לגזוז כגזוז דמיKOL HA'OMED LIGZOZ K'GAZUZ DAMI- that [produce] which is ripe enough to be detached [from the ground or plant upon which it has grown] has the Halachic status of that which has already been detached

2)[line 2]ההוא יתום ויתומהHA'HU YASOM V'YESOMAH- those [underaged] orphaned brother and sister [whose estate was managed by trustees (Apotropsin) appointed by Beis Din]

3)[line 3]אמר להו רבאAMAR L'HU RAVA- Rava said to [the Apotropsin]

4)[line 3]העלו ליתוםHA'ALU L'YASOM- give [Metaltelim] to the orphaned brother

5)[line 6]לכתובהL'CHESUVAH- to go toward [the one or two hundred Zuz payment of] a [woman's] Kesuvah [after the death of her husband]

6)[line 6]לפרנסהL'PARNASAH- to go toward [providing] a dowry [for one's daughter after his death]

7)[line 7]מי לא יהבינן ליהMI LO YEHAVINAN LEI?- would we not give him [Metaltelim to pay for her services]?

8)[line 8]דאיכא תרתיD'IKA TARTI- that there are two [reasons to do so; namely, that she provides him the same services that a maidservant would, and that she deserves to be supported from her late father's holdings]

9a)[line 9]נכסים שיש להן אחריותNECHASIM SHE'YESH LA'HEM ACHRAYUS- holdings that bear responsibility [for their owner's dealings and loans]; i.e., real estate (Karka), which can be counted upon to remain in its current form (RASHI to Kidushin 26a)

b)[line 9]נכסים שאין להן אחריותNECHASIM SHE'EIN LA'HEM ACHRAYUS- holdings that do not bear responsibility [for their owner's dealings and loans]; i.e., chattel (Metaltelim), which can not be counted upon to remain in their current form

10a)[line 12]מוציאין לבנות מן הבניםMOTZI'IN L'VANOS MIN HA'BANIM- we remove from [that which one's] sons [have inherited] to [support his] daughters

b)[line 13]ולבנות מן הבנותL'VANOS MIN HA'VANOS- [if there are only daughters, in which case they equally inherit their father's holdings, then we remove] from [that which] the [older] daughters [had seized so as] to [divide all of the holdings equally between themselves and] the [younger] daughters

c)[line 13]ולבנים מן הבניםL'VANIM MIN HA'BANIM- [if there are only sons, in which case they equally inherit their father's holdings, then we remove] from [that which] the [older] sons [had seized so as] to [divide all of the holdings equally between themselves and] the [younger] sons

d) line 13] ולבנים מן הבנות בנכסים מרוביןL'VANIM MIN HA'BANOS BI'NECHASIM MERUBIN- from [that which] the daughters [had seized] to [return to] the sons [their rightful inheritance] if the holdings are more [than sufficient to support the daughters until they with marry or come of age]

11)[line 17]ולבנים מן הבנותL'VANIM MIN HA'BANOS- from [that which] the daughters [had seized] to [return to] the sons [even when that which they seized are only sufficient to support them until they with marry or come of age]

12)[line 23]גובהGOVAH- she may collect

13)[line 25]"כל נכסים דאית לי אחראין לכתובתיך""KOL NECHASIM D'IS LI ACHRA'IN LI'CHESUVASAYICH"- "all property that I own is responsible toward paying your [full] Kesuvah"

14)[line 27]"אם תשתבאי אפרקינך ואותבינך לי לאינתו""IM TISHTABA'I, AFARKINECH V'OSVINECH LI L'INTU"- "if you are taken captive, I will redeem you and reinstate you as my wife"

15)[line 29]ובכהנת אהדרינך למדינתךUV'CHOHENES, AHADRINECH LI'MEDINASECH- and in the case of a woman married to a Kohen, "[if you are taken captive,] I will [redeem you and] return you to your country." As a result of his high level of holiness, a Kohen may not remain married to his wife after another has had relations with her, even if she was raped (51b). Since we must assume that a captive woman was raped unless we have evidence to the contrary, a Kohen may not remain married to his wife following her ransom.

16)[line 30]נשבית חייב לפדותהNISHBIS, CHAYAV LI'FDOSAH- (for the purposes of the following Halachah, the Mishnah now reiterates) if she was captured, he is obligated to redeem her

17)[line 31]הרי גיטה וכתובתהHAREI GITAH U'CHESUVASAH- "here is her bill of divorce and [the money promised to her in] her Kesuvah"

18)[line 32]אינו רשאיEINO RASHAI- he is not permitted [to do this, since (a) he became obligated to redeem her as soon as she was captured (RASHI); (b) his obligation to redeem her comes as a result of that which he has held the rights to any profit generated by land that she owns from the beginning of the marriage (47b), and by divorcing her now he is not retroactively reneging on those rights (TOSFOS to 52b DH Amar)]

19)[line 32]לקתהLAKSAH- if she was hit [with an injury or illness]

20)[line 33]רשאיRASHAI- he is permitted [to do this, since his obligation to pay her medical bills is similar to his obligation to support her (52b), and therefore (a) it begins only when she actually needs treatment (RASHI); (b) it comes as a result of that which he holds the rights to her income, and by divorcing her now he gives up rights to her future income just as he frees himself from paying her future doctor bills (TOSFOS to 52b DH Amar)]

21)[line 34]מניMANI?- who is [the author of our Mishnah]?

22)[line 36]והיא כותבת התקבלתי ממך מנהV'HI KOSEVES, HISKABALTI MIMCHA MANEH- and she may write [a receipt stating], "I have received one hundred Zuz from you" [even if she has not, thereby foregoing her right to collect]. Our Gemara assumes that if a Kesuvah was not written, we should assume that it was because the bride did not insist on her right to have one. Therefore, only according to Rebbi Meir is it logical to rule that she has no choice in the matter.

23)[line 39]אתאן לר''יASA'AN L'REBBI YEHUDAH- we have come to [the opinion of] Rebbi Yehudah

24)[line 39]אחריות טעות סופרACHRAYUS TA'US SOFER - Responsibility Left Unmentioned in a Legal Document is the Result of a Mistake on the Part of the Scribe

(a)"Achrayus" (responsibility) refers to a type of insurance. When one borrows money or sells or gifts land, he may specify that if he is unable to repay the loan or if it emerges that he did not have the rights to the land (for example, it did not belong to him, or a creditor appropriated the land due to a lien which preceded the sale), then his other assets will be made available to secure the value of the loan or property. If there is no Achrayus, then the borrower or seller is not responsible to secure the loan, sale, or gift with his other holdings (Bava Basra 44b).

(b)The Tana'im disagree as to whether or not a Shtar (legal document) is assumed to include Achrayus when no mention of the condition is found therein. Rebbi Yehudah maintains that "Achrayus Ta'us Sofer" - the lack of Achrayus in a Shtar is assumed to be the result of a mistake on the part of the scribe who wrote it. Unless the Shtar specifies that there is no Achrayus, the other assets of the borrower or seller insure the value of the transaction. Rebbi Meir rules that when a Shtar includes no mention of Achrayus, it may not be assumed (Bava Metzia 13b).

(c)At this point our Gemara assumes that when our Mishnah rules that she may collect the additional one hundred Zuz of her Kesuvah even though no mention of them are made in the document, she may do so even from property that had been sold since her marriage (Meshubadim). Since this is not written in the Kesuvah, this is logical only according to the opinion which maintains Achrayus Ta'us Sofer.

51b----------------------------------------51b

25)[line 1]שבית דין נפרעין מהןSHE'VEIS DIN NIFRA'IN ME'HEM- since Beis Din will collect from them. The Gemara (Bava Metzia 13a) explains that we are concerned that the Shtar was lost by the borrower, to whom it had been returned when he repaid the loan. The lender and borrower might now decide to claim that the loan had not been returned, utilize the lien to collect property that had been sold by the borrower, and then split it between them.

26)[line 4]וחכמיםV'CHACHAMIM- and the term "Chachamim" refers to all of the contemporaries of he who is in disagreement. Since Rebbi Yehudah was a contemporary of Rebbi Meir, we see that he maintains Achrayus Ta'us Sofer Hu.

27)[line 8]המחורריןHA'MECHURARIN- [only from] the property that is free (as opposed to that which has been sold) [even though it would appear that he held a lien on the sold property from before it had been sold]

28)[line 9]פירות ושבח פירותPEIROS U'SHEVACH PEIROS- [the value of] produce and [the added value of] a field after it has been invested in. This refers to a case in which one sold a field that did not belong to him. The buyer invested in the field by fertilizing it, plowing it, etc., and then he grew produce. At that point the true owner of the field took back the now more valuable field along with the produce therein, and was required merely to reimburse the buyer for his expenses. The buyer may collect the value of the field from the thief (i.e., the seller), even if that requires turning to property that had been sold after his purchase. Since those who purchased those properties were aware that a lien existed on the land that they bought from the previous sale, they knowingly took the risk that they would ultimately lost their purchase. The value of the field and produce, however, were not fixed, and it would therefore have been impossible for them to have known how much of their purchase was subject to a lien. Therefore, the Chachamim instituted that the value of the field and produce may be collected only from the holdings currently in the jurisdiction of the seller (Bava Metzia 14b).

29)[line 9]והמקבל עליו לזון את בן אשתוHA'MEKABEL ALAV LA'ZUN ES BEN ISHTO U'BAS ISHTO- one who accepts upon himself to support his wife's son or daughter [in which case a prospective buyer is unable to determine the extent of the risk he is taking with his purchase (see previous entry)]

30)[line 10]וגט חובGET CHOV- a contract of debt

31)[line 19]שנאנסהSHE'NE'ENSAH- who was raped

32)[line 23]אישתיקISHTIK- [Avuha d'Shmuel] fell silent

33)[line 24]"שרים עצרו במלים וכף ישימו לפיהם""SARIM ATZRU V'MILIM, V'CHAF YASIMU L'FIHEM."- "The princes refrained from talking, and each placed their hand upon their mouth." (Iyov 29:9)

34)[line 25]בשבויה הקילוBI'SHEVUYAH HEKILU- [the Chachamim] were lenient in the case of a captive [since her captors may not have had relations with her at all]

35)[line 26]אונס דשריא רחמנאONES D'SHARYA RACHMANA- that which the Torah permits a woman who was raped [to remain married to her husband] (Bamidbar 5:13; see below, entry #39)

36)[line 26]שצווחהSHE'TZAVCHAH- she screamed [in protest]

37)[line 28]הניחו לו שאלמלא נזקק לה היא שוכרתוHANICHU LO! SHE'ILMALEI NIZKAK LAH, HI SOCHARTO!- Leave him! For had he not noticed her (i.e., me), she (i.e., I) would have hired him to do so!

38)[line 29]יצר אלבשהYETZER ALBESHAH- lit. he garbed her with the inclination; i.e., she reached this state of willingness only as a result of that which he forced her to begin with

39)[line 29]"והיא לא נתפשה""... V'HI LO NISPASAH."- "[And a man lay intimately with her...] and she had not been seized." (Bamidbar 5:13) - This verse is interpreted to mean that a woman is forbidden to her husband if she commits adultery willingly. This clearly implies that a woman who commits adultery unwillingly is permitted to her husband. The word "v'Hi" - "and she" - is seemingly extraneous, and our Gemara derives from it that there are certain exceptions to this rule.

40)[line 35]שקידושיה קדושי טעותSHE'KIDUSHEHA KIDUSHEI TA'US- whose marriage was [predicated on] a mistake[n impression]; i.e., a certain condition upon which the marriage was predicated was not fulfilled

41)[line 35]בנה מורכב על כתיפהBENAH MURKAV AL KESEIFAH- if her son [from him] is riding upon her shoulder

42)[line 35]ממאנת והולכת להMEMA'ENES V'HOLECHES LAH- she is permitted [to marry whomever she pleases] and may be on her way (see TOSFOS RID)]

43)[line 36]דגנבו גנביD'GANVU GANVEI- who were kidnapped

44)[line 36]שריין לגוברייהוSHARYAN L'GAVRAYHU- they are permitted [to remain married] to their husbands [as although we cannot assume that they did not have relations with their captors, we may assume that they did not so willingly]

45)[line 37]קא ממטיאן להו נהמאKA MAMTI'AN L'HU NAHAMA- they [willingly] serve bread to them

46)[line 38]קא משלחן להו גיריKA MESHALCHAN L'HU GIREI- they hand them arrows [during a skirmish]

47)[line 38]שבקינהו ואזלן מנפשייהוSHAVKINHU V'AZLAN MI'NAFSHAIHU- if they allow them [to return to their husbands] and they willingly continue to accompany them

48)[line 39]שבויי מלכות הרי הן כשבוייןSHEVUYEI MALCHUS HAREI HEN KI'SHEVUYIN- those [women] captured by a king [to be added to his harem] have the status of those captured [by kidnappers, in that they are presumed unwilling participants and are therefore permitted to return to their husbands]

49)[line 39]ליסטותLISTUS- by bandits

50a)[line 40]הא במלכות אחשורושHA B'MALCHUS ACHASHVEIROSH- that [which a women may be presumed to have engaged in relations with a king unwillingly] refers to [a king who rules over] a [vast] kingdom such as that of Achashverosh [in which case she harbors no illusions regarding the likelihood of her becoming queen]

b)[line 40]הא במלכות בן נצרHA B'MALCHUS BEN NATZAR- that [which a women must be presumed to have willingly engaged in relations with a king] refers to [a king who rules over] a [minor] kingdom such as that of Ben Natzar (a bandit who controlled various territories in the Sassanid (Persian) Empire) [in which case she may have attempted to curry his favor in hope of becoming queen]

51)[last line]אלמנה לכ''גALMANAH L'CHOHEN GADOL- This category includes all marriages prohibited with a negative Mitzvah, such as a divorcee or Chalutzah or even a Mamzeres (see next entry) to any Kohen (BA'AL HA'MA'OR). The Kesuvah in such a marriage is valid, to a point. The husband must pay his wife the amount of money delineated in the Kesuvah, along with any of the Tena'ei Kesuvah that are to be paid after the marriage (i.e., Kesuvas Benin Dichrin). Those stipulations that apply during the marriage, however - such as that which the wife must be supported by her husband - do not apply. This is in the Chachamim wish to discourage the marriage (100b, Yevamos 85a). Abaye maintains that since the stipulation requiring a Kohen to redeem his wife specifies that she be sent to her father's home afterward, it falls into the category of those conditions that apply after the marriage is ended.

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