KESUVOS 66 (20 Nisan) - Dedicated by Mr. Martin Fogel of Carlsbad, California, in memory of his father, Yaakov ben Shlomo Fogel, on the day of his 22nd Yahrzeit.

[66a - 36 lines; 66b - 50 lines]

1)[line 2]מציאתה לא כ''שM ETZI'ASAH LO KOL SHE'KEN?- must he not all the more [maintain that she owns] a lost item that she recovered [which was never connected to her husband at any stage]?

2)[line 2]קונם שאני עושה לפיךKONAM SHE'ANI OSAH L'FICHA (KINUYEI NEDARIM - Slang Terms Utilized when Making a Vow)

(a)One means by which one is able to prohibit upon himself that which was formerly permitted is to make a Neder (Bamidbar 30:3). A Neder is a form of vow in which one places a prohibition upon a previously permissible object. If the object belongs to him, his Neder can affect others as well (depending upon the wording of the Neder). If it belongs to another, he is able to prohibit it only upon himself.

(b)A Neder may be worded such that it prohibits the object through "Hatfasah." This means that the object which is now permitted is compared to an object that is prohibited, such as a Korban. (Some Rishonim maintain that this is a necessary component of a Neder; see Insights to Nedarim 2:2). When connecting the prohibition one wishes to confer through his Neder to a previously prohibited object, one must connect to a "Davar ha'Nadur." A Davar ha'Nadur is an object that itself had been prohibited through either a Neder or through Hekdesh (consecration, such as a Korban). Should one attempt to connect the object of his Neder to a "Davar ha'Asur," the Neder is not binding (Nedarim 14a). A Davar ha'Asur in this context refers to that which is prohibited by the Torah, such as meat cooked with milk or a non-Kosher animal.

(c)One need not refer to the object of Hatfasah directly; he may use a "Kinuy." A Kinuy is a corrupted form of a word, such as "Konam" or "Konach" instead of "Korban" (Nedarim 2a).

(d)The Amora'im disagree as to whether these expressions are words in foreign languages that stemmed from the original Hebrew, or slang terms originated by the Chachamim for the express purpose of Nedarim. The reason why the Chachamim were interested in doing such was so that people would avoid the true term "Korban" etc. when making Nedarim. Since one may very likely mention the name of HaSh-m if he uses the correct word (i.e., "la'HaSh-m Korban"), this could lead to the utterance of the Divine name in vain if he does not complete his Neder (Nedarim 10a).

(e)One who violates his Neder transgresses both a positive Mitzvah (Bamidbar ibid., Devarim 23:24) and a negative Mitzvah (Bamidbar ibid.). If there are witnesses who properly warned him before his transgression, he receives Malkus (thirty-nine lashes).

(f)"Konam she'Ani Osah l'Ficha" is a Neder expressed by a women. It means "What I produce is prohibited to you (lit. your mouth) similar to a Korban." Since a woman is obligated by the terms of her Kesuvah to give her earnings to her husband, her Neder cannot take effect to uproot this obligation.

3)[line 7]בהעדפה שלא על ידי הדחקHA'ADAFAH SHE'LO AL YEDEI HA'DECHAK- surplus [earnings] produced through exceptional effort

4)[line 9]ורבי עקיבא סבר לעצמהV'REBBI AKIVA SAVAR L'ATZMAH- The Gemara questions why it was necessary to switch the opinions of the Tana Kama and Rebbi Akiva in the Beraisa. Ravin explains in the name of Rebbi Yochanan that their disagreement revolves around Ha'adafah she'Al Yedei ha'Dechak. Assuming that finding a lost item is comparable to earning income without an exceptional effort, there is no contradiction between the opinions of Rebbi Akiva expressed in our Mishnah and this Beraisa.

5)[line 11]פלוגתא דרבי עקיבא ורבנןPELUGTA D'REBBI AKIVA V'RABANAN- [and it is therefore dependant upon] the disagreement between Rebbi Akiva and the Rabanan (see also TOSFOS DH v'Ha for an alternate explanation of this Sugya)

6a)[line 12]עשתה לו שתים בבת אחתASESAH LO SHETAYIM B'VAS ACHAS- if she performed two forms of work at once (e.g., she knitted as she guarded a field)

b)[line 13]מהו?MAHU?- what is the Halachah? [Is this comparable to regular surplus since she did not need to spend any more time, or is it comparable to surplus generated through exceptional effort since she worked doubly hard (TOSFOS DH v'Ha)?]

7)[line 15]אלא מעתהELA ME'ATAH- now that we have established [that one receives part of the payment for his wife's embarrassment according to Rebbi Yehudah ben Beseira]

8)[line 17]וסוס בר בושת הואV'SUS BAR BOSHES HU?- can a horse become embarrassed?

9)[line 17]רקקRAKAK- if one spat

10)[line 20]ופרעU'PARA- and if one uncovered

11)[line 22]לא שנוLO SHANU- we did not learn [that one must pay for spitting at another]

12)[line 23]זילותאZILUSA- disgrace

13)[line 25]בן טוביםBEN TOVIM- who belongs to a distinguished family

14)[line 28]הפוסק מעות לחתנוHA'POSEK MA'OS L'CHASANO- one who designates an amount of money to give to his [future] son-in-law

15)[line 29]ומת חתנוU'MES CHASNO (YIBUM / CHALITZAH - Levirate Marriage)

(a)See Background to 53:35.

(c)Our Mishnah discusses a case in which one's son-in-law died without children, leaving his wife to fall to Zikah.

16)[line 31]אלף דינרELEF DINAR (Units of Currency)

The following system of currency was in use at the time of the Gemara:

1 Maneh = 25 Sela'im = 100 [silver] Dinerin (Zuz)

1 Dinar Zahav = 25 [silver] Dinerin (Zuzim)

1 Sela = 4 Dinerin (Zuz)

1 Shekel = 2 Dinerin (Zuz)

1 Dinar = 6 Ma'in

1 Me'ah = 2 Pundyonin

1 Pundyon = 2 Isarin

1 Isar = either 6 or 8 Perutos (see Kidushin 12a)

17)[line 32]הוא פוסק כנגדן חמש עשרה מנהHU POSEK KENEGDAN CHAMESH ESREH MANEH (NICHSEI MILUG / NICHSEI TZON BARZEL)

(a)A woman brings into her marriage two types of possessions, as follows:

1."Nichsei Tzon Barzel" are possessions that the wife owned before marriage, the values of which were estimated and written in the Kesuvah, to be returned to her in full upon divorce or the husband's death. These are called Nichsei Tzon Barzel ("Iron Flock Properties") because their value does not change between the time of marriage and the time of divorce or the husband's death. The husband takes full responsibility for these items, such that if he divorces her or dies before she dies, she receives them in return with their full value at the time of the marriage. Since the husband has a higher degree of responsibility for Nichsei Tzon Barzel than he does for Nichsei Milug, he also has a higher degree of ownership in them.

2."Nichsei Milug" are possessions that were not estimated and their values not recorded in the Kesuvah (accordingly, they may have been possessions which the woman owned before marriage, or possessions that she acquired during marriage). In return for the husband's commitment to redeem his wife should she fall into captivity, the Chachamim decreed that he owns the returns of any property belonging to his wife. Although the principal is hers, her husband reaps any gains that it produces while they are married. He may not, however, actively diminish the principal (e.g. by digging trenches in the field or by slaughtering the ox). Upon divorce or the husband's death, the property is returned as is, regardless of its appreciation or depreciation (or deterioration) over the years. These are referred to as Nichsei Milug ("Properties that are Plucked"), because for the duration of the marriage the husband may take ("pluck") the produce (Peiros) of these possessions (e.g. reaping the fruit of a field, or plowing with an ox) (BARTENURA to Yevamos 7:1, and ARUCH Erech Malag).

(b)Our Mishnah discusses a situation in which a woman brings coinage into the marriage as Nichsei Tzon Barzel. Since it is readily available for business, it is easy to make a profit on it. Therefore, the Chachamim decreed that the husband in such a case should accept responsibility for 150 percent of the amount.

18)[line 32]וכנגד השום הוא פוסק פחות חומשKENEGED HA'SHUM HU POSEK PACHOS CHOMESH- if she brings possessions (as opposed to money) into the marriage [as Nichsei Tzon Barzel], then he records their value in the Kesuvah at 80 percent of the value at which they were appraised. RASHI gives two reasons for this: (a) possessions tend to depreciate in value, and (b) members of the wedding party tend to exaggerate the value of such possessions so as to honor the bride and endear her to her husband. TOSFOS DH Pachos explains that the first reason applies to items normally utilized on a consistent basis, such as clothing, whereas the second reason applies to items that do not undergo much use, such as bolts of cloth.

19)[line 33]שום במנה ושוה מנהSHUM B'MANEH V'SHAVEH MANEH- if she promised to bring possessions worth one Maneh and they were assessed at one Maneh [since a) they were appraised by objective observers as opposed to the wedding party (RASHI); b) the bride specified that the value discussed in the Kesuvah refer to the appraisal made by the wedding party (RABEINU CHANANEL, cited by TOSFOS DH Shum)]

20)[line 35]היא נותנת שלשים ואחד סלע ודינרHI NOSENES SHELOSHIM V'ECHAD SELA V'DINAR- she must bring possessions worth thirty Sela and one Dinar (this is 125 percent of twenty-five Sela'im; see above, entry #16)

21)[last line]מה שחתן פוסק הוא פוסק פחות חומשM AH SHE'CHASAN POSEK HU POSEK PACHOS CHOMESH- (a) (at this point the Gemara understands to mean) as above, entry #18 (RASHI); (b) those items [brought] by the husband [into the marriage and] designated for his wife's use] are [also] assessed at 80 percent [of their value, since they depreciate in value and tend to be over-evaluated for the honor of the groom] (RABEINU CHANANEL, cited by TOSFOS DH ucheshe'Chasan; see above, entry #18)

66b----------------------------------------66b

22)[line 3]עם הארץAM HA'ARETZ- an unlearned Jew who is lax in his Torah-observance (see Berachos 47b)

23)[line 6]היינו רישאH AINU REISHA!- this [Halachah] is the same as that specified earlier in the Mishnah! This refers to (a) the two examples of a woman who promised to bring possessions into the marriage along with the last Halachah in the Mishnah, which all repeat the general idea that possessions are written into the Kesuvah at 80 percent of their value, stated clearly toward the beginning of the Mishnah (RASHI); (b) the second of the two examples of a woman who promised to bring possessions into the marriage, which repeats the idea expressed in the first example (TOSFOS DH Tana).

24)[line 6]תנא שומא רבה וקתני שומא זוטאTANA SHUMA RABAH, UKA'TANI SHUMA ZUTA- (a) the Mishnah taught [with the first time that it states this Halachah that such is the Halachah regarding] a large amount of money [such as 1000 Dinar, mentioned in the previous case, since one might have thought that such an amount need not be exaggerated], and the Mishnah taught [with the final line of the Mishnah that such is the Halachah regarding even] a small amount of money [since one might have thought that people tend not to exaggerate small amounts] (RASHI); (b) the Mishnah taught [with the second example that this Halachah applies to] a large amount of money [since one might have thought that such an amount need not be exaggerated], and the Mishnah taught [with the first example that this Halachah applies to] a small amount of money [since one might have thought that people tend not to exaggerate small amounts] (TOSFOS DH Tana).

25)[line 7]תנא שומא דידיה וקתני שומא דידהTANA SHUMA DIDEI, UKA'TANI SHUMA DIDAH- (a) the Mishnah taught [with the two Halachos previously mentioned that] his assessment [prior to the writing of the Kesuvah is exaggerated], and the Mishnah taught [with the two examples of a woman who promised to bring possessions into the marriage that] her [relatives'] assessment [of the possessions she brings to fulfill that promise is exaggerated when it comes to both large and small degrees of value] (RASHI); (b) the Mishnah taught [with the last Halachah of the Mishnah that those items brought by the husband into the marriage and designated for his wife's use are over-]evaluated by him [when it comes to both large and small degrees of value], and the Mishnah taught [that the assessment of the possessions that] she [brings into the marriage are over-]evaluated [when it comes to both large and small degrees of value] (TOSFOS DH Tana).

26)[line 9]כספיםKESAFIM- coins

27)[line 9]סלעה נעשה ששה דינריןSIL'AH NA'ASAH SHISHAH DINARIM- her Sela (worth four Dinerin; see above, entry #16) becomes [written in the Kesuvah as] six Dinerin

28)[line 10]לקופהL'KUPAH- lit. in a chest; a fund (whose purpose will be explained by the Gemara)

29)[line 11]הכל כמנהג המדינהHA'KOL K'MINHAG HA'MEDINAH- [whether or not money brought into the marriage as a dowry is over-valued in the Kesuvah] depends on the custom of the country [where the marriage takes place]

30)[line 13]תנא עסקא רבה ותנא עסקא זוטאTANA ISKA RABAH, V'TANA ISKA ZUTA- the Mishnah taught [an example of] a large [sum of money that can be used as an] investment, and the Mishnah taught [an example of] a small [sum of money that can be used as an] investment

31)[line 15]דנפיש רווחאD'NAFISH RAVCHAH- that the profits are [exponentially] great

32)[line 17]דזוטר זיונאD'ZUTAR ZIYUNA- that the expenses and liabilities are minimal

33)[line 19]קופה של בשמיםKUPAH SHEL BESAMIM- the fund for her perfumes [salves, and creams]

34)[line 21]בירושליםBI'YERUSHALAYIM- in Yerushalayim [where the custom was that women received 10 percent of their dowries toward cosmetics]

35a)[line 21]במנה הנישוםB'MANEH HA'NISHOM- with the Maneh as [over-]evaluated [by the wedding party]

b)[line 22]במנה המתקבלB'MANEH HA'MISKABEL- with the Maneh as evaluated [in her Kesuvah at 20 percent less]

36)[line 23]יום ראשון או כל יום ויום?YOM RISHON O KOL YOM V'YOM?- [does she receive the full 10 percent on] the first day [after which her husband must give her a daily allowance determined according to her social status] or [may her husband spread out the 10 percent] over many days? (TOSFOS DH l'Yom)

37)[line 26]שנה ראשונה או כל שנה ושנה?SHANAH RISHONAH O KOL SHANAH V'SHANAH?- [does she receive the 10 percent] over the first year [of marriage] or [may her husband divide it into a daily allowance determined according to her social status to be given to her] over many years [after which he must continue paying that allowance out of his own money]? (TOSFOS DH l'Yom)

38)[line 28]קדימון בן גוריוןNAKDIMON BEN GURYON- one of the three wealthiest Jews to live in Yerushalayim at the time of the destruction of the Beis ha'Mikdash

39)[line 29]זהוביםZEHUVIM- gold Dinerin

40)[line 30]לבו ביוםL'VO BA'YOM- for a single day

41)[line 31]כך תפסקו לבנותיכם!KACH TIFSEKU LI'VNOSECHEM!- so should you [merit to] determine [is fitting] for your [own] daughters!

42)[line 33]והיה יוצא מירושליםV'HAYAH YOTZEI MI'YERUSHALAYIM- and he was leaving Yerushalayim [after the destruction of the Beis ha'Mikdash]

43)[line 34]ריבהRIVAH- a young woman

44)[line 45]מלקטתMELAKETES- gathering

45)[line 35]גלליGELALEI- the dung of

46)[line 36]ערבייםARAVIYIM- Arabs

47)[line 36]נתעטפה בשערהNIS'ATFAH BI'SA'ARAH- she wrapped herself (i.e., her face) in her hair [due to her awe of Rebbi Yochanan ben Zakai]

48)[line 37]פרנסניPARNESENI!- support me!

49)[line 40]לא כדין מתלין מתלא בירושלים?LO CH'DEIN MASLIN MESALA B'YERUSHALAYIM?- Do they not give this parable in Yerushalayim?

50)[line 41]מלח ממון חסרMELACH MAMON CHESER- the salt (i.e., method of preservation) of money is to decrease it [through giving it away in the form of charity, and my father neglected to do so]

51)[line 42]חמיךCHAMICH- your father-in-law

52)[line 42]בא זה ואיבד את זהBA ZEH V'IBED ES ZEH- this [money belonging to my father] came and caused the loss of this [money belonging to my father-in-law, since they were in business together]

53)[line 45]חוץ משל חמיהCHUTZ MI'SHEL CHAMIHA- aside from that which her father-in-law['s side designated for her Kesuvah, which was a significant amount of money in its own right]

54)[line 47]ולשוןV'LASHON- and people (defined by their unique language)

55)[line 47]שולטתSHOLETES- have control

56)[line 48]מוסרןMOSRAN- he delivers them

57)[line 48]אומה שפלהUMAH SHEFELAH- a lowly nation [who dwell in tents in the desert] (see also Insights)

58)[last line]כלי מילתKLEI MEILAS- fine woolen cloths (Targum Onkelus and Rashi to Yechezkel 27:18)

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