1)

A WOMAN WHO REMARRIED HER EX-HUSBAND (cont.)

(a)

(Beraisa): If she has a Get, a Kesuvah and witnesses of death:

1.

If the Get precedes the Kesuvah, she collects two Kesuvos. If the Kesuvah is before the Get, she collects one Kesuvah.

2.

This is because a man who remarries his ex-wife does so on condition that she will receive only her original Kesuvah.

2)

A KESUVAH WRITTEN FOR A PRIOR MARRIAGE

(a)

(Mishnah): If Yakov married his son Yosef, a minor, to a woman, and Yosef remained with her in adulthood, he consents that the Kesuvah written when he was a minor should be valid.

(b)

If a Nochri converted with his wife, he remains with her on condition that her Kesuvah should be valid.

(c)

(Gemara - Rav Huna): Only 100 or 200 (the basic Kesuvah) is valid, but any addition he had written is invalid.

(d)

(Rav Yehudah): She is entitled even to the addition.

(e)

Question (Beraisa): If he made a new addition to her Kesuvah, she receives the addition.

1.

Inference: If he did not add now, she would not receive any (even a previous) addition!

(f)

Answer: It means, she receives also the new addition.

(g)

Rejection (Seifa): If he added to her Kesuvah, she receives the addition. If he did not add, she receives only 100 or 200.

(h)

Rav Yehudah is refuted.

(i)

The Mishnah caused Rav Yehudah to err. He understood 'Her Kesuvah is valid' to mean the entire Kesuvah;

1.

Really, it refers only to the basic Kesuvah.

PEREK MI SHE'HAYAH
3)

WHICH WIFE COLLECTS HER KESUVAH FIRST?

(a)

(Mishnah): If a man had two wives and he died, his first wife collects before the second, and her heirs collect before the heirs of the second;

(b)

If he married a woman and she died, then he married a second woman and he died, the second woman or her heirs collect before the heirs of the first wife.

(c)

(Gemara) Version #1: The Mishnah says that the first wife collects before the second. It does not say that the first collects and the second does not. This implies that if the second wife seized property, she keeps it!

(d)

Inference: If a man owed money to two creditors and the latter collected his debt before the former, the collection stands.

(e)

Rejection: Perhaps the collection does not stand;

1.

The Mishnah says that the first collects before the second, even b'Di'eved!

2.

This is like the Mishnah that says that a son inherits before a daughter (and clearly, even if she seized property it reverts to the son).

(f)

Version #2: The Mishnah does not say that if the second wife seized property, she keeps it. This implies that if she seized property, she does not keep it!

(g)

Inference: If a man owed money to two creditors and the latter collected his debt before the former, the collection is invalid.

(h)

Rejection: Perhaps the collection stands;

1.

The Seifa says that the second wife or her heirs come before the heirs of the first wife. (There we could not teach that if the first heirs collected, b'Di'eved they keep it, for this is not true.) For parallel structure, the Reisha said that the first wife comes before the second (even though if the latter collected, b'Di'eved she keeps it).

90b----------------------------------------90b

(i)

(Mishnah): If he married the first...

(j)

We learn three things from the Mishnah:

1.

Kesuvas Benin Dichrin (the enactment that sons inherits their mother's Kesuvah) applies even when the husband dies in the middle (one wife dies before him and the other after him), and we are not concerned for quarrels. (The latter woman's sons might say 'we inherited our mother's Kesuvah from her. You should not inherit from our father (who inherited your mother's Kesuvah) more than us!')

i.

We learn this from the wording of the Mishnah. It says that the second wife and her heirs come before the heirs of the first wife. This implies that if there is enough property, the heirs of the first wife also receive.

2.

We learn that collection of a Kesuvah from the estate is considered like having an extra Dinar above the Kesuvos, and the enactment applies (whenever the husband dies in the middle. Kesuvas Benin Dichrin does not apply when it would totally uproot inheritance (52b), but here it is as if the heirs inherited and the latter Kesuvah was collected from them.)

i.

We learn this from the fact that the Mishnah does not say that there must be an extra Dinar.

3.

We learn that Kesuvas Benin Dichrin is not collected from sold land.

i.

If it would be, the heirs of the first wife would collect from the heirs of the second.

(k)

Objection #1 (Rav Ashi): The Mishnah does not prove the first law!

1.

Perhaps Kesuvas Benin Dichrin does not apply when the husband dies in the middle. Rather, the Mishnah teaches that the heirs of the second wife inherit before heirs of the first wife.

i.

Question: If the first wife's sons do not inherit through her, why are they called her heirs?

ii.

Answer: They are called her heirs for parallel structure with the Seifa (which discusses heirs of the second wife who inherit her Kesuvah from her).

(l)

Objection #2 (Rav Ashi): The Mishnah does not prove the second law!

1.

Perhaps a Kesuvah is not like an extra Dinar. The case is, there is an extra Dinar in the estate!

4)

WHEN THE HUSBAND DIED IN THE MIDDLE

(a)

Suggestion: Tana'im argue about whether or not Kesuvas Benin Dichrin applies when the husband dies in the middle.

1.

(Beraisa - Ben Nanas): If the husband died in the middle, sons of the first wife to die can tell sons of the second 'you are children of a creditor. Take your mother's Kesuvah, and leave (we receive the rest through Kesuvas Benin Dichrin)';

2.

R. Akiva says, the inheritance has already jumped from the first wife's sons to the second wife's sons.

3.

Suggestion: Ben Nanas holds that Kesuvas Benin Dichrin applies when he died in the middle. R. Akiva holds that it does not.

(b)

Rejection #1 (Rabanan): No, all agree that it applies. They argue about whether or not a Kesuvah is considered like an extra Dinar. The argument also applies if payment of a debt from the estate is considered like an extra Dinar.

1.

Ben Nanas says that payment of a Kesuvah or debt is considered like an extra Dinar. R. Akiva says that it is not.

(c)

Rejection #2 (Rabah): No, all agree that payment of a debt from the estate is considered like an extra Dinar. They only argue about whether or not a Kesuvah is considered like an extra Dinar.

1.

Objection (Rav Yosef): If so, why does R. Akiva say that the inheritance has already jumped from the first wife's sons to the second wife's sons? He should say that this applies only if there is an extra Dinar!

(d)

(Rav Yosef): They argue about whether or not Kesuvas Benin Dichrin applies when he died in the middle, like originally suggested.

(e)

Suggestion: The following Tana'im also argue about this.

1.

(Beraisa): If he married a woman and she died, he married a second woman and he died, this (second) woman's sons collect her Kesuvah after her death;

2.

R. Shimon says, if there is an extra Dinar, these collect their mother's Kesuvah and these collect their mother's Kesuvah. If not, they divide the estate equally.

3.

Suggestion: R. Shimon holds that Kesuvas Benin Dichrin applies when the husband dies in the middle; the first Tana says that it does not.

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