KESUVOS 53 - 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.

[53a - 48 lines; 53b - 40 lines]

1)[line 3]שיננאSHINENA- well-learned person

2)[line 3]לא תיהוי בעבורי אחסנתאLO SEHEVEI B'ABUREI ACHSANTA- do not get involved in a case where a father transfers his inheritable assets from one son to another

3a)[line 4]מברא בישאMI'BARA BISHA- from a wicked son

b)[line 4]לברא טבאL'BARA TAVA- to a righteous son

4)[line 8]לעשוייהL'ASUYEI NAMI?!- to compel him also?!

5)[line 9]דעול ועשייהD'UL V'ASYEI- that you should go in and coerce him

6)[line 10]מעלאי דידי היינו עשייהMA'ALAI DIDI HAINU ASIYAH!- That I should enter is in itself coercion!

7)[line 10]אכפייהACHPEYEI- Rav Papa [verbally] forced Yehudah bar Mereimar to enter

8)[line 11]סבר ההוא מירתח רתחSAVAR, HAHU MIRTACH RASACH- Aba Sura'ah thought (since Yehudah bar Mereimar was quiet ) "he is angry" (because the dowry was not large enough)

9)[line 13]השתא נמי לא מישתעי מרHASHTA NAMI LO MISHTA'I MAR?!- Do you also not speak to me now?! i.e., Are you still upset about the amount that I am consigning to my daughter?

10)[line 13]חיי דמרCHAYEI D'MAR!- By the life of the master (Yehudah bar Mereimar)! (This is a term often used as an oath.)

11)[line 14]לא שביקי מידי לנפשאיLO SHEVIKI MIDI L'NAFSHAI- I have not left over anything for myself

12)[line 15]אפי' האי נמי דכתבת לא ניחא ליAFILU HAI NAMI D'CHASVAS LO NICHA LI- even the original sum that you agreed to give was not pleasing to me (i.e. was too much in my opinion)

13)[line 16]אהדר ביAHADAR BI- I can retract what I agreed to give

14)[line 17]הדרנאHADRANA- one who retracts his word

15)[line 20]ותבעי לך מוחלתV'SIBA'I LACH MOCHELES- that is, since Rav Yeimar did not question what the Halachah is in the more common case of a woman who is Mocheles her Kesuvah to her husband, Rava thought that Rav Yeimar took it for granted that she does not lose the Kesuvas Benin Dichrin in such a case. He only questioned whether a woman who sells the Kesuvah to her husband loses the Kesuvas Benin Dichrin: Since she sold it and was compensated for her Kesuvah by her husband during her lifetime, perhaps she loses all of her (and her children's) rights to the Kesuvah. Rava therefore protested that the same question may be asked about one who is Mocheles the Kesuvah to her husband, since compensation is not a factor. [Rav Yeimar replied that he agreed to Rava on this point. His intention, to the contrary, was that there is more reason for her to lose her Kesuvah when she is Mocheles since she wantonly showed disregard for the Kesuvah, and she does not deserve for her children to have the Kesuvas Benin Dichrin.] (RASHI; see also RITVA)

16)[line 22]זוזי אנסוהZUZEI ANSUHA- [the need for] money compelled her [to sell the Kesuvah]

17)[line 22]כמאן דקא מחו לה מאה עוכלי בעוכלאKEMAN D'KA MACHU LAH ME'AH UCHLEI B'UCHLA- (a) it is as if they beat her one hundred times with a lash to which was attached a piece of metal that resembled an Uchla, a weight equal to one eighth of a Litra (RASHI); (b) it is as if they beat her one hundred measures in retribution for her one measure (MUSAF HA'ARUCH)

18)[line 34]והוינן בהV 'HAVINAN BAH- and we ask about it

19)[line 36]יצר אנסהY ETZER ANSAH- the evil inclination coerced her to sin (and marry her second husband when her first husband was actually still alive)

20)[line 44]אוננתONENES (ANINUS - The Halachic status of a mourner immediately after a close relative's death)

(a)A person is called an Onen mid'Oraisa on the day of death of one of his seven closest relatives for whom he is required to arrange for burial (i.e. father, mother, brother, sister, son, daughter, and wife). Chazal (Zevachim 101a) learn the Halachah of Aninus from the verse, "v'Achalti Chatas ha'Yom, ha'Yitav b'Einei HaSh-m?" (Vayikra 10:19). Among the Halachos that apply to an Onen is that a Kohen Onen is prohibited from doing the Avodah (divine service) in the Beis ha'Mikdash unless he is the Kohen Gadol (Vayikra 10:7, 21:1-4). Moreover, an Onen (even the Kohen Gadol) may not eat Kodshim, Terumah, and Ma'aser Sheni.

(b)Besides the prohibition against an Onen performing the Avodah, eating Kodshim, etc. mid'Oraisa, the Rabanan extended the prohibitions even after Aninus mid'Oraisa has passed. However, the Tana'im and Rishonim argue as to the nature of this Gezeirah. They also argue as to whether Aninus mid'Oraisa always applies for the entire day or for part of the day in certain cases. With regard to these questions, Aninus may be broken into five time periods, as follows:

1.The day of death, before burial - according to all opinions Aninus mid'Oraisa applies, as above.

2.The day of death, after burial - according to Rashi (Pesachim 90b DH ha'Onen, Zevachim 15b DH Onen) only Aninus mid'Rabanan applies. According to the Ramban (Toras ha'Adam) Aninus mid'Oraisa still applies.

3.The night after the day of death (according to Rashi in #2, before burial; according to Ramban in #2, even after burial) - the Tana'im argue if the Aninus is mid'Oraisa or mid'Rabanan (Zevachim 99b). Most of the Rishonim rule that the Aninus is not mid'Oraisa but rather mid'Rabanan.

4.The days after the day of death, even if the body has not been buried - Aninus only applies mid'Rabanan (Zevachim 100b) until the end of the day of burial. Also on the day of "Likut Atzamos" (when the remains of one of the close relatives are exhumed and re-buried elsewhere), the Rabanan decreed that the person is an Onen for that entire day.

5.The night after the day of burial - the Tana'im (Zevachim 100b) argue whether the person is an Onen mid'Rabanan or not at all, and the Halachah follows the opinion that he is not an Onen at all.

21)[line 44]מיטמאה לוMITAMEI LAH

(a)The Torah (Vayikra 21:1-4) forbids Kohanim from coming into contact with corpses while concurrently commanding them to handle the burial of certain relatives. Those relatives are the Kohen's mother, father, son, daughter, brother, sister from his father (if she is an unmarried virgin), and wife (if the wife is permitted to be married to him).

(b)If a Kohen is married to a woman with Kidushin mid'Rabanan (e.g. if she married him as a minor after her father died), her husband is allowed and required to handle her burial. (The Gemara concludes that the Kohen is actually permitted to bury her mid'Oraisa, even though she is only married to him with a Kidushin mid'Rabanan. Since the Kohen inherits her nobody else will handle her burial, and therefore she is like a Mes Mitzvah - see Insights to Yevamos 89b.)

(c)The prohibition to come into contact with a corpse applies only to male Kohanim who are not Chalalim. (However, immediately before, and during, the three pilgrimage holidays (Pesach, Shavuos, and Sukos), every Jew, male or female, is commanded to be Tahor - RASHI, Yevamos 29b DH v'Lo Mitames.) The positive command to handle the burial of the seven relatives mentioned above (a) applies not only to Kohanim, but to all Jews.

22)[last line]ארוסה שמתה אין לה כתובהARUSAH SHE'MESAH EIN LAH KESUVAH- if an Arusah dies, the husband does not have to pay the value of her Kesuvah towards her burial.

53b----------------------------------------53b

23)[line 1]שקילא טיבותך שדיא אחיזריSHEKILA TIVUSICH SHADYA A'CHIZREI- the high esteem in which you expect to be held for your citation of the ruling of Reish Lakish has been removed and thrown on the thorns

24)[line 1]כבר תרגמא רב הושעיא לשמעתי' בבבלKEVAR TIRGEMA RAV HOSHAYA LI'SHMAITEI B'VAVEL- Rav Hoshaya has already explained the teaching in Bavel (Ravin heard the teaching from Reish Lakish in Eretz Yisrael)

25)[line 3]עד דתלקחן לגובריןAD D'SILAKCHAN L'GUVRIN- until they get married

26)[line 4]עד דתבגרןAD D'SIBAGRAN- until they reach the age of a Bogeres (six months after they show signs of puberty)

27)[line 8]וימטי זמניהון דאינסבןV'YIMTEI ZIMNEIHON D'INASVAN- and their time to be married arrives

28)[line 9]תרתיTARTEI?- both of these [conditions]?

29)[line 12]תני רב יוסף עד דיהווייןTANI RAV YOSEF AD D'YEHEVYAN- Rav Yosef taught (in his compilation of the Mishnah) "until they become [bound to their husbands]"

30)[line 13]תיקוTEIKU

The Pri Megadim (in his Igeres preceding his introduction to Orach Chaim, #9) quotes and discusses various explanations for the word Teiku:

1.It is sealed in its container ("Tik") (ARUCH, Erech Tik).

2.Tehei Ka'i ("let it [the question] stand") (MUSAF HA'ARUCH).

3.Tishbi Yetaretz Kushyos v'Ibayos (Eliyahu ha'Navi will answer difficulties and questions) (TOSFOS YOM TOV, end of Eduyos).

31)[line 16]משמע לא שמיע ליMISHMA LO SHEMI'A LI- I did not hear it from his explicitly

32)[line 18]דתיתזילD'SITZIL- that she should be disgraced (by begging for food)

33)[line 19]כיון דלא קים ליה בגוהKEIVAN D'LO KIM LEI B'GAVAH- since he is not sure about [whether he will marry] her

34)[line 27]ממאנתMEMA'ENES (MI'UN)

(a)The Torah gives a father the right to marry off his daughter at any age before she is twelve years old.

(b)If she was divorced or widowed or her father died without marrying her off, the Chachamim gave the girl's mother and/or oldest brother the right to marry her off. In these cases the marriage is only mid'Rabanan and she must be at least ten years old, or at least six years old if she has an understanding of the concept of marriage.

(c)According to the RAMBAM and the RA'AVAD, in the above circumstances, the Chachamim also gave her the right to get married by herself. This marriage is also mid'Rabanan. According to the Rambam, she must be at least ten years old, or at least six years old if she has an understanding of the concept of marriage. According to the Ra'avad, however, her Kidushin is valid even if she has enough sense to guard the object given to her for her Kidushin (and she realizes that it was given to her for Kidushin).

(d)In the instances of marriage mid'Rabanan, before she reaches Halachic puberty and becomes a Na'arah (through the growth of two pubic hairs), she has the option of annulling the marriage through a procedure known as Mi'un (refusal). She says before two witnesses, "I do not want him," and the marriage is annulled retroactively. There is no need for her to receive a Get (a bill of divorce). A girl who is married off by her father cannot annul the marriage through Mi'un. (RAMBAM Hilchos Ishus 4:7-8)

35)[line 29]ושומרת יבםV'SHOMERES YAVAM (YIBUM)

(a)If a married man dies childless, his widow must undergo Yibum (the marriage of a dead man's brother with his wife), as it states in Devarim 25:5-10. Chazal learn from the verses that there is a preference for the oldest brother to perform Yibum.

(b)If the brother chooses not to marry her, he must perform Chalitzah (a procedure in Beis Din that absolves her of the Mitzvah of Yibum - ibid.). He appears before a Beis Din of three and states, "I do not want to marry her," after which his sister-in-law approaches him before the elders, takes off his right sandal and spits in front of him. She then declares, "This is what shall be done to the man who will not build up a family for his brother," and she is then free to marry whomever she wants.

(c)The connection of the brother to the dead man's wife, which obligates one of the two, is called Zikah. It is comparable to the state of Erusin (engagement) before a marriage. The Tana of the Mishnah from Yevamos rules that the Zikah "connects" the Yevamah with all of the brothers, not only the oldest. While the Yevamah is waiting for Yibum or Chalitzah, she is called a Shomeres Yavam.

36)[last line]שניהSHENIYAH (SHENIYOS)

(a)In addition to the forbidden relationships (Isurei Ervah) prohibited by the Torah and punishable with Kares (Vayikra 18:6-30, 20:10-22, et. al.), the Chachamim decreed to prohibit certain relatives who are permitted mid'Oraisa. This decree of Sheniyos (lit. "secondaries") was meant to distance a person from engaging in relationships that are prohibited by the Torah. Although the Chachamim lent severity to this Isur by showing hidden inferences to Sheniyos from various verses in the Torah (Yevamos 21a), nevertheless the prohibition of Sheniyos is only mid'Rabanan. Therefore, if a man betroths a Sheniyah, his Kidushin is valid, and the resulting child is not a Mamzer as the child of an Ervah mid'Oraisa would be. If a Yevamah is a Sheniyah of the Yavam, she and her Tzarah (co-wife) must do Chalitzah and not Yibum.

(b)In some cases Sheniyos were prohibited only in a single generation, while in other cases they were prohibited in subsequent generations as well. For example, not only is one's mother's mother a Sheniyah, his mother's mother's mother is a Sheniyah as well; not only is one's son's daughter-in-law a Sheniyah, his son's son's daughter-in-law is a Sheniyah as well. The general rule is that if there is an Ervah mid'Oraisa in one generation (in the above example, one's mother or daughter-in-law) the associated Sheniyah was prohibited in all previous generations and subsequent generations as well; that is, the Sheniyah was prohibited "without a Hefsek" (RASHI to Yevamos 21a DH v'Eshes Achi ha'Av - There are several exceptions to this rule; see Chart #6 to Yevamos 21a-22a and footnotes 2, 3.)

(c)There are those who prohibited Sheniyos based on the principle that "any relative who, as a female, is Asur as an Ervah, as a male his wife is Asur mid'Rabanan (i.e. a Sheniyah)." For example, since a man's daughter's daughter is prohibited to him, the Chachamim decreed that the daughter-in-law of his daughter is prohibited to him as a Sheniyah (GEMARA Yevamos 21b; see TOSFOS ibid. DH Lo Asru)

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