1)

THE HUSBAND'S EXPENDITURES ON HIS WIFE'S PROPERTY (cont.)

(a)

Answer #2 (R. Aba): It is even crushed dates.

(b)

Question (Rav Bivi): Are the remnants of dates (after making beer) sufficient?

(c)

This question is unresolved.

(d)

Question: If the food is not eaten honorably, what is the quantity?

(e)

Answer #1 (an Amora in Eretz Yisrael): It is the value of an Isar (one part in 24 or 32 of a Dinar).

(f)

Answer #2 (a different Amora in Eretz Yisrael): It is the value of a Dinar.

(g)

(Judges of Pumbedisa): A case occurred, and Rav Yehudah considered vine branches (fed to an elephant) as sufficient.

(h)

This is consistent with what Rav Yehudah taught elsewhere:

1.

(Rav Yehudah): If a buyer ate (used branches) from a field of Orlah, Kilayim, or in the Shemitah year (the produce is forbidden), this counts as a year of eating for Chazakah (to establish that the land is his).

(i)

(R. Yakov): If one spent money to upkeep the property of his (mid'Rabanan) wife, a minor, he is like one who spent on a stranger's property. (If she does Mi'un, we evaluate the increased value, and he receives a share like a sharecropper.)

1.

This is an enactment to encourage him to upkeep her property.

(j)

A woman inherited 400 Zuz in Bei Chuzoy. Her husband spent 600 Zuz on the trip to get the money. On the way, he needed one Zuz of the inheritance, and used it.

1.

R. Ami: The Mishnah says that since he spent and ate, there is no compensation.

2.

Chachamim: That applies only when he eats profits of her property. Here, he took from the principal!

3.

R. Ami: If so, it is as if he did not eat. He swears how much he spent, and receives.

(k)

(Mishnah): He swears how much he spent, and receives.

(l)

R. Asi: This applies when her property improved as much as he spent.

(m)

Question: What does this teach?

(n)

Answer #1 (Abaye): If the improvement exceeded the expense, he receives his expenditures without an oath.

(o)

Objection (Rava): If so, he may come to scheme (and claim expenditures almost as much as the improvement).

(p)

Answer #2 (Rava): Rather, if the expenditures exceeded the improvement, he only receives as much as the improvement; he must swear.

2)

A HUSBAND'S JURISDICTION OVER HIS WIFE'S FIELD

(a)

Question: If a husband hired a sharecropper to farm his wife's field in his stead, what is the law?

1.

If a sharecropper expects to get paid from the husband's rights to the Peiros, then if the husband gets no compensation (e.g. he divorces his wife after having eaten something), neither does the sharecropper;

2.

Or, perhaps he considers himself to be working on the field. He gets his share no matter who gets the Peiros, for in any case the land must be farmed by a sharecropper!

3.

Question (Rava bar Rav Chanan): Why is this unlike one who spends money on a stranger's field, without permission? There, we evaluate the improvement, and he receives his expenditures or the improvement, whichever is smaller!

4.

Answer: There, no one else would have improved the field. Here, if not for the sharecropper, the husband would have worked the field.

(b)

Answer (Rav Huna brei d'R. Yehoshua): If the husband is a sharecropper, if he leaves without compensation, so does his sharecropper. If the husband is not a sharecropper, the land was destined to be worked by a sharecropper in any case (so he is paid).

(c)

Question: If a husband sold his right to eat the Peiros of his wife's property, what is the law?

1.

Do we say that he sold what he owns (it is valid)?

2.

Or, perhaps Chachamim enacted that he eat the Peiros only so there will be more food in the house, and the wife will benefit?

80b----------------------------------------80b

(d)

Answer #1 (Mar bar Mereimar, citing Rava): The sale stands.

(e)

Answer #2 (Rav Papa, citing Rava): The sale is void.

(f)

Rav Papa: Mar bar Mereimar did not hear Rava say that the sale stands. He inferred this from the following episode:

1.

A woman brought two slaves into her marriage. Her husband married a second wife, and gave one slave to serve the second wife. The first wife complained to Rava; Rava did not heed her.

2.

The one who saw this thought that Rava did not heed her because the husband may sell the Peiros of his wife's property.

3.

Rejection (Rav Papa): This is wrong! The husband eats Peiros in order to improve the standard of living in the house. This is fulfilled, even if the slave serves the other wife!

(g)

The Halachah is, the sale is void.

(h)

Question: Why is the sale void?

(i)

Answer #1 (Abaye): We are concerned lest the buyer decrease the value of the property. (He will not care for it properly, for he knows that he will not keep it. A husband anticipates that perhaps he will inherit his wife and keep it.)

(j)

Answer #2 (Rava): There will not be enough improvement in the standard of living in the house.

(k)

Question: What is the practical difference between these opinions?

(l)

Answer #1: The field is close to the city (they can see if the buyer is harming the property).

(m)

Answer #2: The husband will work the property like a sharecropper (also here we are not concerned for damage to the property).

(n)

Answer #3: The husband will invest the money paid for the Peiros (there will be enough improvement in the standard of living).

3)

WHO INHERITS A SHOMERES YAVAM?

(a)

(Mishnah): If a Shomeres Yavam (awaiting Yibum or Chalitzah) inherited property, Beis Shamai and Beis Hillel agree that she may sell or give it as a gift.

(b)

Question: If she dies, who inherits her Kesuvah and the (Melug) property that enters and leaves with her? (Rashi - 'Kesuvah' refers to Tzon Barzel property that she brought in. Her husband may use it as he wishes, but if she collects her Kesuvah he must return to her its original value.)

(c)

Answer #1 (Beis Shamai): The heirs of the Mes (her deceased husband) split it (the Melug property) with the heirs of her father;

(d)

Answer #2 (Beis Hillel): The property keeps its Chazakah. The Mes' heirs keep her Kesuvah, and her father's heirs keep the Melug property.

(e)

If his brother left money or detached produce, it is used to buy land, and the Yavam eats the Peiros;

(f)

R. Meir says, if his brother left attached produce, we evaluate how much this increases the value of the land. This amount is used to buy land, and the Yavam eats the Peiros;

(g)

Chachamim say, attached produce belongs to the Yavam. Detached produce (or money) belongs to whoever takes it;

1.

If the Yavam takes it, he keeps it. If the Yevamah takes it, it is used to buy land, and the Yavam eats the Peiros.

(h)

If he does Yibum, she is like his wife in all respects, except that her Kesuvah is paid from the Mes' property.

(i)

He (the Yavam) should not tell her 'your Kesuvah is on the table' (e.g. if he is a moneychanger who has coins on his table). Rather, there is a lien on all his property to pay the Kesuvah;

1.

Similarly, no man should tell his wife 'your Kesuvah is on the table.' Rather, there is a lien on all his property to pay the Kesuvah.

(j)

If he (the Yavam) divorces her, she collects only her Kesuvah. If he remarries her, she is like any other woman, and has only her (original) Kesuvah.

4)

WHO BURIES A SHOMERES YAVAM?

(a)

(Gemara) Question: If a Shomeres Yavam dies, who buries her?

1.

The Mes' heirs bury her, since they inherit her Kesuvah;

2.

Or, perhaps her father's heirs bury her, since they inherit her Melug property!

(b)

Answer (Rav Amram - Beraisa): If a Shomeres Yavam dies, her heirs who inherit her Kesuvah must bury her.

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