KESUVOS 57 - 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)

MAY A COUPLE LIVE TOGETHER WITHOUT A KESUVAH?

(a)

Rami bar Chama's sister was married to Rav Avya. She lost her Kesuvah.

(b)

Rav Yosef: Rav Yehudah cited Shmuel to say that R. Meir holds that she must have a Kesuvah of 200 (to cohabit with her husband), but Chachamim permit a man to keep his wife for two or three years without a Kesuvah!

(c)

Objection (Abaye): Rav Nachman cited Shmuel to say that the Halachah follows R. Meir's decrees!

(d)

Retraction (Rav Yosef): If so, he must write for her another Kesuvah.

2)

WHEN CAN SHE PARDON THE KESUVAH?

(a)

(Rav Dimi): R. Yehoshua ben Levi says that the Tana'im (R. Yosi and R. Yehudah) agree that at the end, she cannot pardon the Kesuvah (verbally, without writing). They argue about (whether she can do so) at the beginning (this will be explained);

(b)

R. Yochanan said that they argue in both cases.

(c)

(R. Avahu): R. Yochanan told me that he does not argue with R. Yehoshua ben Levi;

1.

R. Yehoshua ben Levi calls the start of Chupah 'the beginning', and the end of Bi'ah 'the end.' R. Yochanan said they argue at the start and end of Chupah.

2.

The end of Chupah is the start of Bi'ah.

(d)

(Ravin): R. Yehoshua ben Levi said that the Tana'im argue at the end. At the beginning, they agree that she can pardon the Kesuvah;

(e)

R. Yochanan said that they argue in both cases.

(f)

(R. Avahu): R. Yochanan told me that he does not disagree with R. Yehoshua ben Levi;

1.

R. Yehoshua ben Levi calls the start of Chupah 'the beginning', and the end of Chupah 'the end.' R. Yochanan said they argue at the start and end of Bi'ah.

(g)

(Rav Papa): Had R. Avahu not explained thusly, I would have said that R. Yochanan and R. Yehoshua ben Levi argue with each other, but Rav Dimi and Ravin do not argue!

1.

Ravin calls the end of Chupah 'the end', and Rav Dimi calls the start of Bi'ah 'the beginning'.

(h)

Question: What does Rav Papa teach?

(i)

Answer: It is better to say that two Amora'im (R. Yehoshua ben Levi and R. Yochanan) argue based on their own reasons, than to say that two Amora'im (Rav Dimi and Ravin) argue about what another Amora said.

3)

THE TIME TO PREPARE FOR CHUPAH

(a)

(Mishnah): We give a virgin 12 months to prepare for Chupah from when the husband asks to make Nisu'in. Just like we give time to her, he is given time (from when she asks). We give to a widow 30 days;

(b)

If the time came and they were not married, he must feed her. She may eat Terumah (if he is a Kohen);

(c)

R. Tarfon says, he may give to her only Terumah;

(d)

R. Akiva says, he gives half Terumah and half Chulin (regular food, for her to eat when she is Temei'ah);

(e)

If her husband died and she is Shomeres Yavam (awaiting Yibum), she may not eat Terumah;

1.

If she was an Arusah for six months and Shomeres Yavam for six months, or a full year less one day Arusah and one day Shomeres Yavam, or vice-versa, she may not eat Terumah;

(f)

This is the first version of the Mishnah. A later Beis Din decreed that she may not eat Terumah until Chupah.

57b----------------------------------------57b

(g)

(Gemara) Question: What is the source of a year to prepare for Chupah?

(h)

Answer (Rav Chisda): "Let her (Rivkah) stay with us Yamim (days) or 10".

1.

Suggestion: "Yamim" means two days.

2.

Rejection: It is not normal to request two, and if this is not granted, to request 10!

3.

Rather, it means a year - "It may be redeemed for Yamim".

(i)

Question: Perhaps it is a month - "Ad Chodesh Yamim"!

(j)

Answer: It is better to learn Stam (unspecified) Yamim from Stam Yamim, and not from "Chodesh Yamim".

(k)

(R. Zeira): A minor or her father may delay the Chupah.

(l)

Question: If she wants to go to Chupah, why should her father object?

(m)

Answer: He reasons that she does not know that she will not be happy, and he will have to marry her off again.

(n)

(R. Aba bar Levi): We do not arrange to make Nisu'in for a minor, but we may arrange Nisu'in (Rashi - without Kidushin) for her now for when she grows up.

(o)

Question: Obviously this is permitted!

(p)

Answer: One might have thought that we are concerned lest she will become weak from fright. R. Aba teaches that we are not concerned.

4)

TIME FOR A BOGERES

(a)

(Rav Huna): If a Bogeres became Mekudeshes, we allow her 30 days, like a widow.

(b)

Question (Beraisa): If she became a Bogeres, it is as if the husband asked to have Chupah.

1.

Suggestion: It is like a virgin being asked (and she has 12 months)!

(c)

Answer: No, it is like a widow being asked.

(d)

Question (Beraisa - R. Eliezer): If a Bogeres was Mekudeshes for 12 months, since now her husband must feed her, he can annul her vows.

1.

This shows that she has 12 months to prepare!

(e)

Rejection: It means, a Bogeres or one who has waited 12 months...

(f)

(Beraisa): If one was Mekadesh a virgin, whether he asks and she delays or vice-versa, we give 12 months from the request, not from the Kidushin;

1.

Becoming a Bogeres is like being asked.

2.

If she was Bogeres for one day and became Mekudeshes, she gets 12 months. An Arusah gets 30 days.

(g)

Rav Huna is refuted.

(h)

Question: What does it mean 'an Arusah gets 30 days'?

(i)

Answer (Rav Papa): If she was a Bogeres for 12 months and became an Arusah, she gets 30 days, like a widow.

5)

WHY ARUSOS MAY NOT EAT TERUMAH

(a)

(Ula): Mid'Oraisa, a Bas Yisrael Mekudeshes to a Kohen may eat Terumah.

1.

"A Kohen who acquires a soul through money" - an Arusah can be acquired with money!

(b)

Opinion #1 (Ula): Mid'Rabanan, she may not eat Terumah lest they mix a cup of Terumah wine for her, and she will give to her siblings.

(c)

Question: This concern applies even after the time for Chupah comes (yet the original Mishnah permits her after this time)!

(d)

Answer: When the time comes, he designates a place for her (away from her family).

(e)

Question: If this is a concern, a Kohen farmhand living with a Yisrael should not eat Terumah, lest they come to eat with him!

(f)

Answer: They give him to eat. Surely they will not they eat from him!

(g)

Opinion #2 (Rav Shmuel bar Yehudah): An Arusah may not eat, lest she has a Mum that will invalidate the marriage.

(h)

Question: If so, even after Chupah, if they did not yet have Bi'ah she should be forbidden to eat!

(i)

Answer: The husband checks her (through his female relatives) before Chupah.

(j)

Question: The same concern should apply to a slave bought from a Yisrael!

(k)

Answer: Mumim in a slave do not invalidate the sale:

1.

If they are visible, the buyer saw them (and wanted the slave anyway)!

2.

If they are covered, since the slave is needed only for labor, the master doesn't care about them!

3.

If the slave is found to be a thief or gambler, the sale is valid (for this is normal for slaves).

(l)

Question: Perhaps the slave is an armed robber, or the kingdom sentenced him to be executed!

(m)

Answer: Such matters become known. (Rashi - the buyer cannot retract. R. Tam - he can retract, but it is rare to buy such slaves, so we are not concerned for this.)

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