KESUVOS 54 - 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.

1)

WHICH DAUGHTERS ARE FED

(a)

Question (R. Elazar): Is the daughter of a Sheniyah (a relative forbidden mid'Rabanan) fed (after the husband dies)?

1.

Since a Sheniyah has no Kesuvah (she has no provisions of the Kesuvah), her daughter is not fed;

2.

Or, perhaps Chachamim fined only the mother, who sinned, but not her daughter!

(b)

The question is unresolved.

(c)

Question (Rava): Is the daughter of his Arusah fed (after he dies)?

1.

Since an Arusah has a Kesuvah, her daughter is fed;

2.

Or, since she has no Kesuvah until Nisu'in, her daughter is not fed.

(d)

This question is unresolved.

(e)

Question (Rav Papa): If a man raped Dinah (and married her), is her daughter fed after he dies?

1.

According to R. Yosi bar Yehudah, clearly she is fed. He says that Dinah has a Kesuvah of 100;

2.

The question is according to Chachamim, who say that the fine is in place of her Kesuvah.

i.

Since she has no Kesuvah, the daughter is not fed;

ii.

Or, we say that she lacks only Ikar Kesuvah, which is so it will not be light in her husband's eyes to divorce her. This does not apply to a rapist, who cannot divorce her (but all other provisions of the Kesuvah do apply).

(f)

This question is unresolved.

2)

THE WIDOW LIVES IN HIS HOUSE AND IS FED

(a)

(Mishnah): 'You will sit in my house...'

(b)

(Rav Yosef - Beraisa): In my house - not in my shack (if the husband did not leave a proper house, just a shack, she has no privilege to stay in it); she is fed.

(c)

(Mar bar Rav Ashi): In such a case, she is not even fed.

1.

The Halachah does not follow Mar bar Rav Ashi.

(d)

(Rav Nachman citing Shmuel): If they asked to marry her and she agreed she is not fed (she is no longer in 'the days of widowhood').

(e)

Question: If she did not agree, is she fed (in any case)?!

(f)

Answer (Rav Anan citing Shmuel): If she refused due to her deceased husband, she is fed. If she refused because the suitor was not fitting, she is not fed.

(g)

(Rav Chisda): If she had Znus, she is not fed.

(h)

(Rav Yosef): If she colored her eyes and beautified herself, she is not fed.

1.

Rav Chisda, who says that she is not fed if she had Znus, certainly agrees that she is not fed if she colored her eyes.

2.

Rav Yosef, who said that she is not fed if she colored her eyes, would say that she is fed if she had Znus.

i.

This is because her evil inclination forced her. (She does not seek to remarry.)

(i)

The Halachah does not follow any of these teachings (Tosfos - except for Shmuel's). Rather, it is like Rav Yehudah:

1.

(Rav Yehudah): If she demanded to be paid her Kesuvah in Beis Din, she is not fed.

2.

Question (Beraisa): If she sold her Kesuvah, used it for collateral or designated that it will be used to pay a loan, she is not fed.

i.

For these, she forfeits being fed, but not for demanding payment!

3.

Answer: For these, whether or not she did them in Beis Din she forfeits being fed. She forfeits food for demanding payment only in Beis Din.

(j)

(Mishnah): People in Yerushalayim and Galil wrote this...

(k)

(Rav): The Halachah follows the people of Yehudah.

(l)

(Shmuel): The Halachah follows the people of Galil.

1.

Bavel and its nearby cities conduct like Rav. Nehardai and its nearby cities conduct like Shmuel.

(m)

A woman from Mechuza married a man from Nehardai. She came to Rav Nachman, who could tell from her voice that she was from Mechuza (which is near Bavel). He judged her case like Rav.

(n)

Chachamim: But she married a man from Nehardai!

(o)

Rav Nachman: If so, we judge her case like Shmuel.

(p)

Question: How far does Nehardai extend (for this law)?

(q)

Answer: It is as far as the Kav (a measure) of Nehardai is used.

3)

IS A WIDOW'S CLOTHING COUNTED TOWARDS THE KESUVAH?

(a)

(Rav): We evaluate the clothing a widow is wearing (it is considered partial payment of her Kesuvah).

(b)

(Shmuel): It is not deducted from her Kesuvah.

(c)

(R. Chiya bar Avin): They hold oppositely regarding a worker who lives by his employer (whether or not clothing he is wearing (that his employer bought for him) is deducted from his wages.).

(d)

(Rav Nachman): They argue similarly regarding a hired worker;

1.

Rav gave a Siman to remember his opinion - a widow and a worker, strip them and send them.

(e)

(Rav Nachman): Even though a Mishnah supports Shmuel, the Halachah follows Rav.

1.

(Mishnah): If one made his property Hekdesh, or pledged his Erech value to Hekdesh, the Gizbar (treasurer of Hekdesh) does not collect from his wife's or children's clothing, nor from clothing he dyed for them, nor from new sandals he bought for them.

(f)

Question (Rava): Since the Mishnah supports Shmuel, why is the law as Rav?

(g)

Answer (Rav Nachman): The Mishnah appears to support Shmuel. When you look deeper, you find that it does not;

1.

The Gizbar not collect from her clothing, because the husband gave it to her to wear in front of him (i.e. during the marriage);

2.

He did not give it to her to leave with it.

(h)

The daughter-in-law of Bar Elyashiv's house wanted to be paid her Kesuvah. She was taking the orphans to Beis Din.

(i)

Orphans: It is a disgrace to us for you to appear like this in Beis Din!

1.

She put on all her ornaments and came to Beis Din.

2.

(Ravina): The Halachah follows Rav. We evaluate what she is wearing.

4)

WHO PROFITS FROM A CHANGE IN PRICE?

(a)

A dying man said that his daughter should receive a dowry of (standard) garments. The price went down.

(b)

(R. Chiya bar Avin): The orphans profit. (We do not give to her the amount they would have cost when he commanded to give them.)

54b----------------------------------------54b

(c)

A man said that 400 Zuz from his wine should go to his daughter. The price of wine increased.

(d)

(Rav Yosef): The profit goes to the orphans.

(e)

R. Yochanan's relatives were concerned that their father's wife was spending too much on food. He counseled them to ask their father to designate some land towards her food.

(f)

After the father died, they came in front of Reish Lakish.

1.

Reish Lakish: The father gave this land so she should have extra food from it (if you will give to her minimal rations)!

2.

Orphans: R. Yochanan did not say so!

3.

Reish Lakish: Give to her, or I will withdraw R. Yochanan's support from you!

4.

They came to R. Yochanan.

5.

R. Yochanan: I cannot overrule Reish Lakish. He is qualified to disagree with me!

6.

(R. Avahu citing R. Yochanan): If he said 'towards her food', he gave extra. If he said; 'for her food', he set a limit.

PEREK AF AL PI
5)

ADDING ON TO THE STANDARD KESUVAH

(a)

(Mishnah): Even though Chachamim said that the Kesuvah of a virgin is 200 and of a non-virgin is 100, one may add even 10,000 if he wants. If she is widowed or divorced, whether from Eirusin or Nisu'in, she collects it all;

(b)

R. Elazar ben Azaryah says, from Nisu'in she collects it all. From Eirusin, she collects 100 or 200.

1.

He wrote the Tosefes (addition) only on condition that they have Nisu'in.

(c)

R. Yehudah says, he may write 200 to a virgin, and she writes (a receipt) that she received 100 (even if she did not). He may write 100 to a non-virgin, and she writes that she received 50;

(d)

R. Meir says, if one reduced the Kesuvah from 200 for a virgin or from 100 for a non-virgin, their Bi'ah is like Znus.

(e)

(Gemara) Question: Obviously a man may add! Why should it be forbidden?!

(f)

Answer: We would have thought that Chachamim did not want him to do so, lest this shame one who cannot give so much.

(g)

Inference: The Mishnah did not say that one who wants to write, rather, one who wants to add. (This connotes that the addition is considered part of the Kesuvah. It is not a mere gift.) This supports R. Eibo:

1.

(R. Eibo): (Tosefes and other) stipulations of the Kesuvah are like the Kesuvah. This is relevant to a woman who:

i.

Sells or pardons her Kesuvah;

ii.

Rebels (refuses to have Bi'ah with her husband);

iii.

Says that she received only partial payment of the Kesuvah;

iv.

Demands payment of her Kesuvah;

v.

Transgresses Das (causes her husband to transgress Torah law, or does not behave like modest Bnos Yisrael).

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