[83a - 33 lines; 83b - 48 lines]

PEREK #9 HA'KOSEV L'ISHTO

1)[line 1]דין ודברים אין לי בנכסיךDIN U'DEVARIM EIN LI B'NICHSAYICH- I have no claim in court on your properties [and not even the right to complain - TOSFOS YOM TOV, Kesuvos 9:1 DH Din]

2)[line 14]שמתנה על מה שכתוב בתורהSHE'MASNEH AL MAH SHE'KASUV BA'TORAH

(a)It is possible to make a condition in all Kinyanim (acquisitions; the word Kinyan connotes a change of ownership or status, such as sales, gifts, Gitin and Kidushin) such that the Kinyan will not take effect unless one or both of the parties involved fulfill the specified condition. However, the Torah established that not all conditional statements are valid. Rather, the wording of the conditional statement must follow a specific formulation (Kidushin 61a).

(b)The exact format for conditional statements is learned from the condition that Moshe Rabeinu made with the men of the tribes of Gad and Reuven. They received portions in the land of Ever ha'Yarden (modern-day Jordan) on condition that they fight alongside the other tribes in the wars of conquest of Eretz Yisrael proper (Kidushin 61a).

(c)It is debated among the Tana'im and Amora'im if it is possible to alter a Kinyan or qualitative effect (such as Nezirus) that the Torah or the Rabanan describe, through a Tenai. For instance, the Torah says that the Kinyan of Kidushin (betrothal) obligates the husband with certain marital and financial obligations towards his wife upon their marriage. If a person specifies that he wants to make a Kidushin on the condition that the Kidushin will not commit him to those obligations, it is called "Masneh Al Mah she'Kasuv ba'Torah," a Tenai that is attempting to change obligations [of Kidushin, in this case] that the Torah specifies. Another example of this would be if a person attempts to make himself a Nazir on the condition that he be permitted to become Tamei Mes. Some Tana'im rule that a condition which attempts to change any Kinyan, either one that is mid'Oraisa or one that is mid'Rabanan, is not valid. Others hold that a condition can change a only a Kinyan that is mid'Rabanan (which is weaker), while yet others rule that it can only change a Kinyan that is mid'Oraisa (since the Rabanan were more stringent with their institutions, lest people belittle them). Finally, there are those who rule that it can change either a Kinyan that is mid'Oraisa or one that is mid'Rabanan.

(d)If the Tenai is not formulated properly, or if it does not fulfill one of the above points, the Tenai is not valid and the action (i.e. the Kinyan) takes effect even if the parties do not fulfill the specified conditions. That is, the Tenai is disregarded.

3)[line 21]נחלה הבאה לאדם ממקום אחרNACHALAH HA'BA'AH L'ADAM MI'MAKOM ACHER- an inheritance that comes to a person because of his actions, as opposed to an inheritance from his ancestors. For example, the inheritance that a person receives from his wife's estate is a result of his marriage.

83b----------------------------------------83b

4a)[line 1]בעוררB'ORER- when he (the gift giver) complains [as soon a the recipient tries to move onto the land]

b)[line 1]בעומדB'OMED- when he (the gift giver) waits (lit. stands) [a day or two without complaining when the recipient tries to move onto the land]

5)[line 7]סליקת נפשךSELIKAS NAFSHACH- (lit. you have removed yourself) you have absolved yourself [of all claims in court on my properties]

6)[line 9]בוצינא טב מקראBOTZINA TAVA MI'KARA- (a) a young pumpkin (today) is preferable to a large pumpkin (in the future) (RASHI); (b) a small cucumber (that ripens quickly) is preferable to a large pumpkin (that takes much longer to ripen) (RABEINU CHANANEL, RABEINU TAM)

7)[line 43]בדשייראBED'SHAIRA- [with the Peiros] that he left over

8)[last line]ירושת הבעל דרבנןYERUSHAS HA'BA'AL D'RABANAN

(a)The Tana'im argue as to whether the inheritance of a wife's estate by her husband is mid'Oraisa or mid'Rabanan. According to those who rule that it is mid'Rabanan, the Torah law dictates that her estate go to her sons, her father or to her closest blood relative. The Rabanan gave her inheritance to her husband using the power of "Hefker Beis Din Hefker" (see Background to Yevamos 89:13).

(b)According to the Tana'im who rule that the inheritance of the husband is mid'Oraisa, it is learned from the verse, "li'She'ero ha'Karov Eilav mi'Mishpachto, v'Yarash Osah" - "[And if his father has no brothers, then you shall give his inheritance] to his next of kin from his family, and he shall possess it..." (Bamidbar 27:11). Chazal interpret the words "v'Yarash Osah" as applying to his wife, "and he shall inherit her." For this purpose, one of the Amora'aim rearranges the verse to read, "l'Karov Eilav mi'Mishpachto, She'ero v'Yarash Osah" - "[then you shall give his inheritance] to his next of kin from his family; and his wife, he shall inherit her" (Bava Basra 111b).

9)[last line]וחכמים עשו חיזוק לדבריהם יותר משל תורהV'CHACHAMIM ASU CHIZUK L'DIVREIHEM YOSER MI'SHEL TORAH- (According to this logic, Rav would hold that the Tenai is not valid to repeal the husband's Kinyan on his wife's Peros either; so it seems from RASHI 84a DH v'Rav Savar. Alternatively, Rav agrees that a Tenai can repeal the husband's Kinyan on his wife's Peros, since Peros are "Lo Shechi'ach," not common (i.e., not every wife enters the marriage with land-producing property) and the Rabanan were not as stringent with a Rabbinic ruling that only applies in somewhat uncommon cases - TOSFOS DH v'Kasavar.)

OTHER D.A.F. RESOURCES ON THIS DAF