WHO IS ENTITLED TO RECEIVE TZEDAKAH
R. Chanina used to give four Zuz to a certain man every Erev Shabbos. Once, he sent the money with his wife.
His wife: He does not need the money.
R. Chanina: What did you see?
His wife: I heard them saying 'on what should we dine today, on linen cloths, or colored silk cloths?'
R. Chanina: He is a swindler!
(R. Elazar): We must be appreciative of swindlers! If not for them, (we could assume that everyone who requests Tzedakah is truly poor, and) we would sin each day (for not giving) - "He (an Oni to whom you did not give) will cry to Hash-m about you, and you will bear sin".
(R. Chiya bar Rav mi'Difti): Anyone who declines to give Tzedakah is like one who serves idolatry;
It says here "Lest there be a Vliya'al (base) thought in your heart", like it says about idolatry "Vliya'al". (Note: The verse here discusses one who is afraid to lend before Shemitah. Perhaps this is like Tzedakah, for Shemitah is prone to wipe out the loan!)
(Beraisa): One who makes his eye appear blind, or his stomach swollen, or his thigh shriveled, will experience this before he dies!
One who takes Tzedakah and does not need it will come to need it before he dies.
(Mishnah): We do not force him to sell his house or the Kelim he uses.
Contradiction (Beraisa): If he used gold Kelim, he will use silver. If he used silver Kelim, he will use copper.
Answer #1 (Rav Zvid): He must sell a bed or table of gold or silver. He may keep cups and bowls of gold or silver.
Objection: Presumably, he need not use cheaper cups and bowls because they repulse him. Likewise, he can refuse to accept an (inferior) bed and table!
Answer #2 (Rava brei d'Rabah): He must sell a silver back-scratcher.
Answer #3 (Rav Papa): If one wants to collect gifts for the poor, he may keep his Kelim (even though if he sold them he would have 200 Zuz and would not be considered poor). If we find out that a rich person took such gifts and we demand repayment, if he cannot pay he must sell his finer Kelim.
THE DOWRY OF AN ORPHAN
(Mishnah): If an orphan girl was married off willingly by her mother or brothers, and they wrote her a dowry of 50 or 100 Zuz, when she gets older she can force them to give to her what was appropriate;
R. Yehudah says, if the father married off one daughter, we give to the second like he gave to the first;
Chachamim say, sometimes a person is poor and becomes wealthy, or vice-versa. Rather, we estimate the value of the possessions and give to her.
(Gemara - Shmuel): For Parnasah (the dowry given to a girl who gets married after her father died) we estimate according to the father (how much we think that he would have given).
Question (Beraisa): Daughters receive food and Parnasah from the property of their father.
We do not say that if the father was alive, he would give so much. Rather, we appraise the property, and give accordingly.
Suggestion: Parnasah is the dowry she receives when she marries!
Answer (Rav Nachman bar Yitzchak): No, it means supplying her needs (her food, while she lives with her brothers).
Question: It says that she receives food and Parnasah. Surely, 'food' is her own needs, and Parnasah is the needs of marriage!
Answer: No, both refer to her own needs. 'Food' refers to food and drink; 'Parnasah' refers to clothing and coverings.
Question (Mishnah - Chachamim): Sometimes a person is poor and becomes wealthy, or vice-versa. Rather, we estimate the value of the possessions, and give to her.
Question: What do 'poor' and 'wealthy' mean?
Suggestion: They refer to financial poverty and wealth.
Rejection: How can the first Tana say that if the father grew poor, we give the second daughter like the first. He lacks the means!
Answer: Rather, they mean 'stingy' or 'generous'.
Summation of question: The Mishnah says that we estimate the property and give to her. We do not estimate the father's intention. This refutes Shmuel!
Answer: Shmuel is not refuted. He holds like R. Yehudah:
(Mishnah - R. Yehudah): If the father married off one daughter, we give to the second like he gave to the first.
Question: If so, Shmuel should have said that the Halachah follows R. Yehudah!
Answer: Had he said so, one might have thought that this is only when the father married off a daughter during his lifetime, and we saw how much he wanted to give to his daughters. We would not know that it is even if he never married off a daughter;
Shmuel teaches that R. Yehudah follows estimation whether or not he married off any daughters.
The Mishnah discusses when he married off a daughter to show the extremity of Chachamim. Even though the father revealed his opinion (of how much to give), we do not estimate his opinion (for other daughters).
Rava (to Rav Chisda): They say in your name that the Halachah follows R. Yehudah.
Rav Chisda: It should be Hash-m's will that all such nice teachings be said in my name!
Question: Rava holds that the Halachah does not follow R. Yehudah!
(Beraisa - Rebbi): A daughter fed by the brothers receives a tenth of the property (for Parnasah).
(Rava): The Halachah follows Rebbi.
Answer: Rava says that the Halachah follows R. Yehudah when we know the man's nature. When we know nothing about him, the Halachah follows Rebbi.
Support: Rav Ada bar Ahavah reported that Rebbi once gave a 12th for Parnasah.
Question: Rebbi said that we give a tenth!
Answer: We must say that Rebbi himself said a tenth only when we do not know the man's nature.
(Beraisa - Rebbi): A daughter fed by the brothers receives a tenth of the property;
Question: If a man left 10 daughters and one son, do the daughters get all the property?!
Answer (Rebbi): The first daughter receives a tenth; the next gets a tenth of what remains (90%.) The next gets a tenth of what remains (81%), and so on. Then, the girls split their money equally among themselves.
Question: Each daughter took for herself (she was entitled to a tenth. Why must she share it with her sisters?)
Answer: Rebbi said they share equally only when they all come to get married at the same time.
This supports Rav Masnah:
(Rav Masnah): If they all come to get married at the same time, they receive one tenth.
Question: This is unreasonable!
Correction: Rather they receive a tenth, like one (i.e. they share equally).
WHEN DOES A BOGERES FORFEIT PARNASAH
(Beraisa #1 - Rebbi): Whether a girl became a Bogeres before or after marrying, she ceases to be fed from the estate, but she does not forfeit Parnasah;
R. Shimon ben Elazar says, (if she became Bogeres before marrying) she forfeits also Parnasah.
To avoid this, she can 'hire' a husband (i.e. make it financially advantageous for a man to marry her before Bagrus), and she receives her Parnasah.
(Rav Nachman): The Halachah follows Rebbi.
Question (Rava - Mishnah): If an orphan was willingly married off by her mother or brothers and they wrote for her 50 or 100 Zuz, when she grows up she can claim the rest of what was appropriate for her to get.
Inference: This is because she was a minor. An adult cannot claim the rest, because she pardoned her privilege. (Presumably, the Halachah follows our Stam Mishnah!)
Answer: An adult pardoned Parnasah only if she didn't protest.
Support: If this were not true, Rebbi would contradict himself!
(Beraisa #2 - Rebbi): A daughter fed by the brothers receives a tenth of the property.
Inference: She receives only if she is fed, i.e. before Bagrus!
(Question: In Beraisa #1, Rebbi says that she receives even after Bagrus!)
Answer: We must answer like we said above, that she (an adult) pardoned Parnasah only if she didn't protest.
Ravina (to Rava): Rav Ada bar Ahavah said in your name that she need not protest when she turns Bogeres or is married, but must protest if she turns Bogeres and marries.
Question: Rava does not say so!
Rava asked Rav Nachman (above) and accepted his answer, that even a Na'arah who marries forfeits Parnasah, if she does not protest!
Answer: When she is fed by the brothers (after Nisu'in), only a Bogeres must protest. (We can say that a Na'arah was silent because they feed her.) If she is not fed, even a Na'arah who marries must protest.
DIFFERENCES BETWEEN PARNASAH AND FOOD
(Rav Huna citing Rebbi): Parnasah is unlike (feeding daughters from the estate after the father dies,) a stipulation of the Kesuvah.
Question: In what respect are they different?
Suggestion: If the brothers sold inherited property, daughters may seize it to collect Parnasah, but not for food.
Rejection: Rav Huna would not need to teach this. All know this law, for it comes up every day!
Answer #1: Parnasah can be collected from Metaltelim, but food cannot.
Rejection: Rebbi holds that also food is collected from Metaltelim!
(Beraisa - Rebbi): Both property with Acharayos (it can be seized by creditors after it was sold, i.e. land) and without Acharayos (Metaltelim) are used to feed the widow and daughters.
Answer #2 (Beraisa): If: one said 'my daughters should not be fed from my estate (after I die),' they are fed anyway. If he said 'they should not receive Parnasah', they do not.