KESUVOS 17 - 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.
 

12th CYCLE DEDICATION

 
KESUVOS 16-17 - Generously sponsored by Marsha and Lee Weinblatt of Teaneck, New Jersey. May Hashem bless them with a Kesivah va'Chasimah for a year of health, prosperity and much Yiddishe Nachas from their wonderful children and grandchildren.

1)

(a)Beis Shamai and Beis Hillel in a Beraisa, argue over what one sings when one dances in front of a Kalah. According to Beis Shamai, one sings the praises of the Kalah the way she is. What do Beis Hillel say?

(b)On what grounds do Beis Shamai object to Beis Hillel's ruling?

(c)How do Beis Hillel counter that?

(d)What important principle do we learn from Beis Hillel?

1)

(a)Beis Shamai and Beis Hillel in a Beraisa, argue over what one sings when one dances in front of a Kalah. According to Beis Shamai, one sings the praises of the Kalah the way she is. According to Beis Hillel - one sings 'Kalah Na'ah va'Chasudah' (a lovely, charming bride), irrespective of how beautiful she really is (or isn't).

(b)Beis Shamai object to Beis Hillel's ruling - on the grounds that, if one were to follow the opinion of Beis Shamai for a Kalah who is lame or blind, one would be contravening the Pasuk in Mishpatim "mi'Devar Sheker Tirchak".

(c)Beis Hillel counter that - by citing the prohibition of 'Meganeh Mekach' (telling someone that he bought 'a rotten egg'). On the contrary, one is obligated to praise his purchase (either because in the eyes of the purchaser, the article is indeed a good buy, or because of 'Darkei Shalom' as we learned in Bava Metzi'a).

(d)We learn from Beis Hillel the important principle of 'Le'olam Tehei Da'ato shel Adam Me'ureves im ha'Briyos' (the obligation to remain on good terms with the members of the community).

2)

(a)What did the Bnei Eretz Yisrael mean when they would sing in front of the Kalah the 'Lo Kechal v'Lo Sherak v'Lo Pirchus, v'Ya'alas Chen'?

(b)What does 'Pirchus' mean?

(c)On what occasion did they sing this refrain in front of Rebbi Zeira?

(d)When Rebbi Ami and Rebbi Asi received their Semichah, the people sang 'Kol min Dein v'Chol min Dein Smuchu Lanu, v'Lo min Sarmisin ... ' (Give Semichah to people like them, but not from Sarmisin ...). 'Sarmisin' are people who twist the Halachos and 'Sarmitin', rags. What are ...

1. ... 'Chamisin'?

2. ... 'Turmisin'?

2)

(a)When the Bnei Eretz Yisrael would sing in front of the Kalah 'Lo Kechal v'Lo Sherak v'Lo Pirchus, v'Ya'alas Chen' - they meant that she was so charming that she didn't require any make-up.

(b)'Pirchus' means - platted hair.

(c)They sang this refrain in front of Rebbi Zeira - when he received Semichah (presumably, because a Talmid-Chacham is compared to a bride - see Rashi Shemos 31:18).

(d)When Rebbi Ami and Rebbi Asi received their Semichah, the people sang 'Kol min Dein v'Chol min Dein Smuchu Lana, v'Lo min Sarmisin ... '(Give Semichah to people like them, but not from Sarmisin ... ). 'Sarmisin' are people who twist the Halachos and 'Sarmitin', rags.

1. 'Chamisin' (from Chamishis - a fifth) are - people who give partial reasons for what they say, and ...

2. ... 'Turmisin' - empty-headed people.

3)

(a)When Rebbi Avahu went from the Yeshiva to the king's palace, the maidservants would go out to greet him with the words 'Rebbi of his people, leader of his nation ... '. How did they conclude?

(b)Why did they describe him as a candelabra?

3)

(a)When Rebbi Avahu went from the Yeshiva to the king's palace, the maidservants would go out to greet him with the words 'Rebbe of his people, leader of his nation candelabra of light - blessed be your arrival in peace'!

(b)They described him as a candelabra - because he was so good-looking (similar to Rebbi Yochanan and Yakov Avinu) that his face shone.

4)

(a)When Rebbi Yehudah danced in front of a Kalah, what did he ...

1. ... sing?

2. ... hold in his hand?

(b)Rav Shmuel bar Yitzchak followed in his footsteps. Why did he hold three myrtle-twigs?

(c)Rebbi Zeira viewed Rav Shmuel bar Yitzchak's behavior as degrading (like Michal viewed David's wild dancing before the Aron). How was he ultimately proved wrong?

(d)How often does such a miracle occur?

4)

(a)When Rebbi Yehudah danced in front of a Kalah, he ...

1. ... sang - 'Kalah Na'ah va'Chasudah'.

2. ... held in his hand - a myrtle-twig.

(b)Rav Shmuel bar Yitzchak followed in his footsteps. He held three myrtle-twigs - in order to juggle them (see also Agados Maharsha). Perhaps the myrtle (itself based on the number three) represents the three parts of the Soul (Nefesh, Ru'ach and Neshamah), and the three twigs, the Sheloshah Avos (Avraham, Yitzchak and Yakov).

(c)Rebbi Zeira viewed Rav Shmuel bar Yehudah's behavior as degrading (like Michal viewed David's wild dancing before the Aron). He was ultimately proved wrong - when, after the latter's death, a pillar of fire divided between him and the people.

(d)Such a miracle occurs - only to one or two people in each generation.

5)

(a)Rav Acha would actually dance with the Kalah on his shoulders. What did he reply when they asked him whether they should take their cue from him and do likewise?

(b)The Halachah is not like Rebbi Shmuel bar Nachmeni Amar Rebbi Yonasan. What did he rule with regard to looking at the Kalah?

5)

(a)Rav Acha would actually dance with the Kalah on his shoulders. When they asked him whether they should take their cue from him and do likewise - he replied in the affirmative, provided they considered her no more than a piece of wood (i.e. carrying her evoked no lewd thoughts whatsoever); otherwise, not.

(b)The Halachah is not like Rebbi Shmuel bar Nachmeni Amar Rebbi Yonasan, who permitted looking at the Kalah, in order to endear her on her husband.

6)

(a)What is the order of precedence if a Mes who is being taken to burial, a Kalah on her way to the Chupah and a king, converge upon the same spot? Which of these is obligated to step aside, to give the other right of way?

(b)Should the first two meet, is their separation mandatory?

(c)On what grounds did the Chachamim praise King Agripas for making way for a Kalah on her way to the Chupah?

(d)Why would this otherwise have been unjustifiable? What do we learn from the Pasuk in Shoftim "Som Tasim Alecha Melech"?

6)

(a)If a Mes who is being taken to burial, a Kalah on her way to the Chupah and a king, converge upon the same spot - the king takes precedence, and the other two are obligated to step aside and give him right of way. Second in order of priorities is the Kalah, and it is the Mes who must wait until the Kalah has passed.

(b)Should the first two meet - their separation is not mandatory, and it is only if they prefer not to intermingle that the Mes must give precedence to the Kalah.

(c)The Chachamim praised King Agripas for making way for a Kalah on her way to the Chupah - only because he did not really stand aside, but rather took an alternative route to his destination.

(d)This would otherwise have been unjustifiable - because of the Pasuk "Som Tasim Alecha Melech", which teaches us that the fear of the king must be constantly on the people, placing upon him the obligation to demand honor and not to forego it.

7)

(a)One may and (must) stop learning Torah in order to accompany a dead person and for the Mitzvah of Hachnasas Kalah. Who is recorded as having actually done so?

(b)When is one not obligated (or even permitted) to stop learning in order to accompany a dead person?

(c)Rav Shmuel bar Eini Amar Rav defines 'Kol Tzorcho' in one of two ways: one of them is twelve thousand men plus six thousand Shofar blowers. What is the other?

(d)Ula defines it as sufficient people to fill the space from the gates of the town until the grave. What does Rav Sheshes say?

7)

(a)One may and (must) stop learning Torah in order to accompany a dead person and for the Mitzvah of Hachnasas Kalah. Rebbi Yehudah is actually recorded as having actually done so.

(b)One is not obligated (or even permitted) to stop learning in order to accompany a dead person - if all the latter's needs are being catered for.

(c)Rav Shmuel bar Eini Amar Rav defines 'Kol Tzorcho' in one of two ways: either twelve thousand men plus six thousand Shofar blowers - or twelve thousand men of whom six thousand are Shofar blowers.

(d)Ula defines it as sufficient people to fill the space from the gates of the town until the grave - Rav Sheshes, as six hundred thousand people (like the Torah was given, so is it taken away).

8)

(a)The above applies to someone who learned Torah (see Tosfos DH 'Hani Mili'). What is the minimum Shi'ur for someone who ...

1. ... taught it?

2. ... did not even learn it?

(b)What constitutes the Mitzvah of Hachnasas Kalah in the current Sugya?

8)

(a)The above applies to someone who learned Torah (see Tosfos DH 'Hani Mili'). For someone who ...

1. ... taught it - there is no minimum Shi'ur. Everyone is obligated to attend.

2. ... did not even learn it - one is only obligated to go, if there are not sufficient people even to bury him (She'iltos d'Rav Achai Ga'on).

(b)The Mitzvah of Hachnasas Kalah in the current Sugya - constitutes accompanying her from her father's house until the Chupah.

17b----------------------------------------17b

9)

(a)Surchav bar Papa quoting Ze'iri, interprets 'Heinuma' in our Mishnah as 'Tanura d'Asa'. What is 'Tanura d'Asa'?

(b)How does Rebbi Yochanan interpret 'Heinuma'?

(c)The Simanim in our Mishnah pertain to Yehudah. Rav explained that, in Bavel, the Siman of a Besulah was 'Dardugi d'Mishcha Reisha d'Rabanan'. What does that mean? How did Rav Papa understand it?

(d)Having learned earlier that an Almanah requires an independent Siman, how would one know, in Yehudah, that a woman was an Almanah when she married (see Tosfos DH 'Almanah')?

9)

(a)Surchav bar Papa quoting Ze'iri, interprets 'Heinumah' in our Mishnah as 'Tanura d'Asa' - meaning a round Chupah made of myrtle-branches.

(b)Rebbi Yochanan interprets 'Heinumah' to mean - a veil which covers the Kalah's eyes, enabling her to doze-off whenever she feels tired (hence it is called 'Heinumah', from the word 'Misnamnem', meaning doze).

(c)The Simanim in our Mishnah pertain to Yehudah. Rav explained that, in Bavel, the Siman of a Besulah is 'Dardugi d'Mishcha Reisha d'Rabanan' - meaning oil that the women would rub on the heads of the Talmidei-Chachamim. Rav Papa thought that it meant a type of oil that was used to cure boils.

(d)Having learned earlier that an Almanah requires an independent Siman, one would know, in Yehudah, that a woman was an Almanah when she married - by taking care not to distribute parched wheat kernels at her wedding (Tosfos DH 'Almanah').

10)

(a)What problem do we have with Rebbi Yehoshua in our Mishnah, who gives the example of 'ha'Peh she'Asar... ' as a man who purchased a field from his friend's father?

(b)We answer that, had the Tana discussed a case where the purchaser claimed to have bought the field from his friend directly (rather than from his father), there would be a problem with the Seifa (where he is not believed because there are witnesses that the field had belonged to his father). What would be the problem?

(c)What is a Chazakah on a field, and how does it work?

10)

(a)The problem with Rebbi Yehoshua in our Mishnah, who gives the example of 'ha'Peh she'Asar ... ' as a man who purchased a field from his friend's father is - why does he need to say that the field had belonged to his father. Why not to the friend himself, seeing as either way, it is the 'purchaser', who volunteers the information?!

(b)We answer that, had the Tana discussed a case where the purchaser claimed to have bought the field from his friend directly (rather than from his father), there would be a problem with the Seifa (where he is not believed, since there are witnesses that the field had belonged to his father). The Tana says that in that case, he would not be believed. But surely, it would depend upon whether he made a (three-year) Chazakah on the field or not: If he did, then why should he not be believed, and if he did not, then it is obvious that he is not believed!

(c)A Chazakah on a field takes place - when after having bought it, one eats the fruit for three consecutive years, without the seller having made a Mecha'ah (a protest). From that time on, he is believed to say that he purchased the field, even after he lost the document of purchase.

11)

(a)Having established the Mishnah where he claims that the field was purchased from his friend's father, the Chidush in the Seifa concurs with Rav Huna's statement. What does Rav Huna say?

(b)Rav Huna appears to be informing us what we already know from a Mishnah. He might just be pointing out what the Mishnah does not say explicitly, but he might also be teaching us something that is not apparent in the Mishnah at all. What is that?

11)

(a)Having established the Mishnah where he claims that the field was purchased from his friend's father, the Chidush in the Seifa concurs with a statement of Rav Huna - that one cannot make a Chazakah on the property of a Katan, even if he became a Gadol (and the 'purchaser' then ate three years).

(b)Rav Huna appears to be informing us what we already know from a Mishnah. On the one hand, he might just be pointing out what the Mishnah does not say explicitly, but on the other, he might be teaching us something that is not apparent in the Mishnah at all - that there is no Chazakah, even if he subsequently became a Gadol.

12)

(a)It is possible to find a similar case of Chazakah with the owner himself, when he fled after the purchaser had eaten two years out of the three. Why could the Mishnah not present such a case, when the owner fled because his life was in danger?

(b)We reject the suggestion that the Tana could have presented us with a case when the owner fled due to monetary problems, because then, he should still have made a 'Mecha'ah', failing which, the 'purchaser' will be believed. But how could he make a Mecha'ah when he is so far away?

(c)We infer that a Mecha'ah she'Lo b'Fanav is a Mecha'ah from a case in the Mishnah in Bava Basra, where it is not. Which case is that? What are the Shalosh Artzos?

12)

(a)It is possible to find a similar case of Chazakah with the owner himself, when he fled after the purchaser had eaten two years out of the three. The Mishnah cannot present such a case, in a case where the 'seller' fled for fear of his life - because then, it is obvious that the 'purchaser' would not be believed, seeing as the 'seller' was unable to make a Mecha'ah (on which the Chazakah hinges).

(b)We reject the suggestion that the Tana could have presented us with a case when the owner fled due to monetary problems, because then, he should still have made a 'Mecha'ah', failing which, the 'purchaser' will be believed. Distance is no object regarding Chazakah, because we rule 'Mecha'ah she'Lo b'Fanav, Havi Mecha'ah' (on the assumption that, once he makes a Mecha'ah in front of two people, they will pass on the message to others, who will pass it on to others, until eventually, it reaches the ears of the 'purchaser').

(c)We infer that a Mecha'ah she'Lo b'Fanav is a Mecha'ah from a case in the Mishnah in Bava Basra, which lists three lands as regards Chazakah: Yehudah, Eiver ha'Yarden and Galil, adding that a Chazakah on one is ineffective if the 'seller' is in one of the other states (implying that as long as they in the same province, Chazakah is effective, despite the distance that divides between the 'purchaser' and the 'seller').

13)

(a)Seeing as 'Mecha'ah she'Lo b'Fanav Havi Mecha'ah' only because of travelers who go from one place to the others, why should there be a difference between one province and two provinces?

(b)Does this mean that within one province, there is a Chazakah even when there is a state of war between them? Why does the Tana mention specifically the three provinces?

13)

(a)In spite of the Halachah 'Mecha'ah she'Lo b'Fanav Havi Mecha'ah' (on account of travelers who go from one place to the others), there is nevertheless a difference between one province and two provinces - because we establish the case when a state of war exists between the two provinces.

(b)The same will apply within one province should a state of war exist between them - and the reason that the Tana mentions specifically the three provinces is because, due to the fact that they are constantly fighting with each other, there are no regular caravans passing between them, so that, even when they are not in a state of war, there is no Chazakah from one to the other.

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