KESUVOS 110 (5 Sivan) - Dedicated l'Zecher Nishmas Reb Chaim Aryeh ben Aharon Stern Z'L by Shmuel Gut of Brooklyn, N.Y.
 

12th CYCLE DEDICATION
KESUVOS 106-110 - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.

1)

ONE WHO SELLS TO ONE WHO OWES HIM MONEY

(a)

(Mishnah - Admon): If Reuven shows a document saying that Shimon owes him money and Shimon shows a document that Reuven sold him a field, Shimon can say 'if I owed you money, you should have kept the money as repayment, and not sold to me a field!'

(b)

Chachamim: Reuven was clever to sell to him land. Now he will be able to collect his debt!

(c)

(Gemara) Question: Admon's law is reasonable. Why do Chachamim argue?

(d)

Answer: In a place where people pay for a field before the document is written, all agree that Shimon can say 'if I owed you money, you should have kept the money as repayment';

1.

They argue in a place where people pay for a field after the document is written.

2.

Admon holds that Reuven should have told witnesses why he is selling.

3.

Chachamim say that everyone has friends. Had Reuven done this, Shimon would have heard and would not have bought the field.

2)

ONE WHO LENT TO HIS CREDITOR

(a)

(Mishnah - Admon): If Reuven shows a document saying that Shimon borrowed from him and Shimon shows a document that Reuven subsequently borrowed from him, Shimon can say 'if I truly owed you money, why did you borrow from me? You should have collected the debt!'

(b)

Chachamim say, each collects what the other owes him.

(c)

(Gemara - Rav Nachman): If Reuven and Shimon both show documents saying that the other borrowed from him, each collects what is owed to him.

(d)

(Rav Sheshes): There is no point in paying money and returning it. Rather, each keeps his own.

(e)

All agree that if Reuven and Shimon have the same quality land (both have Idis (top quality), or both Beinonis (medium), or both Ziburis (inferior)), each keeps what he has;

1.

They argue about when one has Beinonis and the other has Ziburis.

2.

Rav Nachman holds that each collects, because he says that a creditor collects from subjective Beinonis (the borrower's middle quality land).

i.

The one with Ziburis receives the other's Beinonis. He then pays with his Ziburis. (He need not return the Beinonis he received, since it is his Idis.)

3.

Rav Sheshes holds that each keeps his property, because he says that a creditor collects objective Beinonis (medium quality land based on the world standard).

i.

If he would collect Beinonis, he would have to return it.

(f)

Question: According to Rav Nachman, why does the owner of the Ziburis collect first?

1.

We should let the owner of the Beinonis first collect Ziburis, and he can then return the Ziburis!

(g)

Answer: The case is, the owner of the Ziburis was the first to demand payment.

(h)

Objection: But still, they come to collect at the same time!

(i)

Retraction: Rather, they argue when one has Idis and Beinonis, and the other has Ziburis.

1.

Rav Nachman holds that a creditor collects from subjective Beinonis. Rav Sheshes holds that he gets objective Beinonis.

(j)

Question (against Rav Sheshes - Mishnah): Chachamim say that each collects...

(k)

Answer #1 (Rav Nachman on behalf of Rav Sheshes): The case is, one loan was for 10 years, and the other was for five years.

1.

Question: When were the loans made?

i.

If the first was for 10 years, and the second for five, why would Admon say that he should have collected his loan? The collection time didn't come yet!

2.

Answer: Rather, the first loan was for five years, and the second was for 10.

3.

Question: When was the second loan made?

i.

If the first loan was already due to be collected, Chachamim should agree to Admon that if he really owed him, he should have collected the loan!

ii.

If the first loan was not yet due, why does Admon say he should have collected it?

4.

Answer: The case is, the second loan was made on the day the first loan was due,

i.

Chachamim hold that a person would take a loan for one day (i.e. rather than wait to collect his loan at the end of the day). Admon holds that a person would not take a loan for one day.

(l)

Answer #2 (Rami bar Chama): The case is, one party died, leaving no land.

1.

His orphans collect, but a creditor cannot collect from them.

(m)

Objection: The Mishnah says that each side collects!

(n)

Answer: It means, this one collects, and this one deserves to collect.

(o)

Objection #1 (Rava): The Mishnah says that each collects!

(p)

Objection #2 (Rava): The living creditor can pay land, and collect it again!

1.

(Rav Nachman): If orphans collect land for a debt owed to their father, a creditor of the father can collect that land.

(q)

These are left difficult.

(r)

Answer #3: The orphans have Ziburis, and the other party has (Idis and) Beinonis. The orphans collect Beinonis, and pay back Ziburis!

1.

Even if Beinonis is defined objectively, only Ziburis is collected from orphans!

(s)

Rejection: That is only if the creditor did not seize Beinonis. If he seized Beinonis, he keeps it.

3)

FORCING ONE'S WIFE TO MOVE

(a)

(Mishnah): There are three regions (of Eretz Yisrael) regarding marriage: Yehudah, east of the Yarden, and Galil. One cannot force his wife to move to a different region.

(b)

Within a region one can force his wife to move from one city to another, or from a large city to another large city;

110b----------------------------------------110b

(c)

One cannot force his wife to move from a city to a big city, or vice-versa;

(d)

One can force his wife to move from a bad place to a nice place, but not from a nice place to a bad place;

(e)

R. Shimon ben Gamliel says, one cannot force her even from a bad place to a nice place, because living in a nice place tests (this will be explained).

(f)

(Gemara) Question: Granted, one cannot force his wife to move from a big city to a city, for everything is found in a big city, but not in a city;

1.

Why can't he force her to move from a city to a big city?

(g)

Answer: This is like R. Yosi bar Chanina taught;

1.

(R. Yosi bar Chanina): Living in a large city is hard - "They blessed all the people who volunteered to live in Yerushalayim." (It is crowded and there is little air.)

(h)

(Mishnah - R. Shimon ben Gamliel): (...Living in a nice place tests.)

(i)

Question: What does 'tests' mean?

(j)

Answer: This is like Shmuel taught;

1.

(Shmuel): Change in one's routine brings stomach sickness.

(k)

(Sefer Ben Sira): All days of a poor person are hard.

(l)

Question: Shabbos and Yom Tov are enjoyable!

(m)

Answer: Shmuel taught that a change in one's routine brings stomach sickness.

(n)

(Sefer Ben Sira): Even nights (of a poor person are hard). His roof is lowest of the roofs, his vineyard is at the top of the hill.

1.

Rain from other roofs falls on his. The soil of his vineyard falls to others.

4)

FORCING ONE'S HOUSEHOLD TO MOVE

(a)

(Mishnah): Anyone can force (his household) to move to Eretz Yisrael. Anyone cannot force them to leave Eretz Yisrael. Anyone can force (his household) to move to Yerushalayim. Anyone cannot force them to leave Yerushalayim. This applies to men and women equally.

(b)

If a man married a woman in Eretz Yisrael and divorced her in Eretz Yisrael, he pays the Kesuvah in coins of Eretz Yisrael. If he married her in Eretz Yisrael and divorced her in Kaputkiya, he pays the Kesuvah in coins of Eretz Yisrael;

(c)

If he married her in Kaputkiya, and divorced her in Eretz Yisrael, he pays the Kesuvah in coins of Eretz Yisrael;

(d)

R. Shimon ben Gamliel says, he pays coins of Kaputkiya (which are larger);

(e)

If he married her in Kaputkiya, and divorced her in Kaputkiya, he pays the Kesuvah in coins of Kaputkiya.

(f)

(Gemara) Question: What does 'anyone can force' come to include?

(g)

Answer #1: It includes slaves.

(h)

Question: (There is an opinion that the Mishnah explicitly lists slaves.) According to this opinion, what does 'anyone' include?

(i)

Answer #2: It includes even from a nice place to a bad place.

(j)

Question: What does 'anyone cannot force them to leave' include?

(k)

Answer #1: It includes slaves.

(l)

Question: According to the opinion that the Mishnah explicitly lists slaves, what does it include?

(m)

Answer #2: It includes a slave who fled from Chutz la'Aretz to Eretz Yisrael;

1.

The master must sell the slave to one who lives in Eretz Yisrael, to promote settlement of Eretz Yisrael.

(n)

Question: What does 'anyone can force to move to Yerushalayim' include?

(o)

Answer: It includes even from a nice place to a bad place.

(p)

Question: What does 'anyone cannot force them to leave' include?

(q)

Answer: It includes even from a bad place to a nice place.

1.

(This is not a Chidush, for we taught that anyone can force to go to Yerushalayim, even from a nice place to a bad place!) This is taught for parallel structure with the Reisha.

(r)

(Beraisa): If he wants to go to Eretz Yisrael, and his wife does not, she must go, or else he may divorce her without paying her Kesuvah. If she wants to go to Eretz Yisrael and he does not, he must go, or else he must divorce her and pay her Kesuvah;

(s)

If she wants to leave Eretz Yisrael, and he does not, she must stay, or else he may divorce her without paying her Kesuvah. If he wants to leave Eretz Yisrael and she does not, he must stay, or else he must divorce her and pay her Kesuvah.

5)

THE CURRENCY IN WHICH THE DEBTS ARE PAID

(a)

(Mishnah): If he married a woman...

(b)

Question: The Mishnah contradicts itself!

1.

If he married her in Eretz Yisrael and divorced her in Kaputkiya, he pays the Kesuvah in coins of Eretz Yisrael. This shows that he pays coins of the place where he obligated himself;

2.

If he married her in Kaputkiya, and divorced her in Eretz Yisrael, he pays the Kesuvah in coins of Eretz Yisrael. This shows that he pays coins of where she collects!

(c)

Answer (Rabah): The Tana holds that Kesuvah is mid'Rabanan, therefore, he is lenient to allow payment of the smaller coins.

(d)

(Mishnah - R. Shimon ben Gamliel): He pays coins of Kaputkiya.

1.

He holds that Kesuvah is mid'Oraisa.

(e)

(Beraisa): If a loan document says (that it was written in) Bavel, it must be paid in coins of Bavel. If it says Eretz Yisrael, it must be paid in coins of Eretz Yisrael;

1.

If the place is not written, it is paid in coins of the place of collection.

(f)

If it says only 'Kesef' - the borrower pays him whatever he wants;

1.

This does not apply to a Kesuvah.

(g)

Question: Which law does not apply to a Kesuvah?

(h)

Answer (Rav Mesharshiya): The first law (that it is paid in the coins of the place it was written) does not apply. The Tana does not hold like R. Shimon ben Gamliel (rather, he pays smaller coins).

(i)

(Beraisa): If it only says 'Kesef', the borrower pays him whatever he wants.

(j)

Question: He should pay him chunks of silver!

(k)

Answer (R. Elazar): The case is, the document says 'coins of Kesef'.

(l)

Suggestion: He can pay him Prutos!

(m)

Rejection (Rav Papa): No one makes Prutos of silver.

6)

THE ATTRIBUTES OF LIVING IN ERETZ YISRAEL

(a)

(Beraisa): A person should live in Eretz Yisrael, even in a city that is mostly Nochrim. He should not live in Chutz la'Aretz, even in a city that is mostly Yisrael.

1.

This is because anyone who lives in Eretz Yisrael is like one who that has a G-d, but anyone who lives in Chutz la'Aretz is like one who does not, like it says "To give to you Eretz Kena'an, to be to you l'Eilokim."

(b)

Objection: You cannot say that one who does not live in Eretz Yisrael is like one who does not have a G-d!

(c)

Correction: Rather, anyone who lives in Chutz la'Aretz is like one who serves idolatry (Rashi (Devarim 4:28 and 28:64) - because he serves idolators or pays taxes that support idolatry).

1.

Question: "I was expelled from (Eretz Yisrael)... I was told to go serve idolatry" - did anyone tell David to serve idolatry?!

2.

Answer: Rather, this teaches that anyone who lives in Chutz la'Aretz is like one who serves idolatry.

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