KESUVOS 47 - 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.

1)

(a)From where does Rav Yehudah Amar Rav learn that the work that a girl produces belongs to her father?

(b)We conclude that this Derashah is needed for a Na'arah, but as far as a Ketanah is concerned, it is obvious. Why is it obvious?

(c)We try to prove that a girl's work belongs to her father, because if it did not, how could he hand her over to get married? How do we prove it from there?

(d)Rav Achai rejects this proof however, on the grounds that the father could always be made to reimburse her for her losses. On what other two grounds do we reject the proof?

1)

(a)Rav Yehudah Amar Rav learns that the work that a girl produces belongs to her father - from the Pasuk in Mishpatim "v'Chi Yimkor Ish es Bito l'Amah" (as we learned on the previous Amud).

(b)We conclude that this Derashah is needed for a Na'arah, but as far as a Ketanah is concerned, it is obvious - because, if her father can sell her, it is obvious that what she produces belongs to him.

(c)We try to prove that a girl's work belongs to her father, because if it did not, how could he hand her over to get married - seeing as, on that day, she cannot produce anything. How could he therefore do that unless what she produced belonged to him?

(d)Rav Achai rejects this proof however, on the grounds that the father could always be made to reimburse her for her losses of that day. Alternatively - he may only be permitted to take her to the Chupah either at nighttime, when she does not normally work anyway, or on Shabbos or Yom Tov.

2)

(a)From where do we learn that a father has the right to ...

1. ... nullify his daughter's vows?

2. ... receive his daughter's Get?

2)

(a)We learn that a father has the right to ...

1. ... nullify his daughter's vows - from the Pasuk in Matos "bi'Ne'urehah Beis Avihah" (as we learned on the previous Amud).

2. ... receive his daughter's Get - from the Pasuk in Ki Setzei "v'Yatz'ah v'Hayesah", which compares a Get to Kidushin.

3)

(a)We learned in our Mishnah that the girl's father may not eat the Peiros, whereas her husband may. Why is that?

(b)What does Rebbi Yosi b'Rebbi Yehudah say in a Beraisa?

(c)On what grounds does he argue with the Rabanan?

3)

(a)We learned in our Mishnah that the girl's father may not eat the Peiros, though her husband may - because, whereas we are afraid that if her husband is not permitted to eat the Peiros, he will not redeem her in the event of her being taken captive, we are not afraid that her father will behave in the same way, due to the close father-daughter relationship that generally exists.

(b)Rebbi Yosi b'Rebbi Yehudah says in a Beraisa - that the father is also is permitted to eat the Peiros.

(c)He argues with the Rabanan, on the grounds that - even the father might argue that, since she has a purse-full of money which has been forbidden to him, let her go and redeem herself (and it is possible that that purse-full of money will turn out to be insufficient to redeem her, and she will remain a captive).

4)

(a)According to the Tana Kama, if the father wrote into her dowry, fruit, clothes or household articles, but died before the wedding, her husband will not receive these things after the marriage. Why not?

(b)What is Rebbi Nasan quoted as saying?

(c)According to the Tana Kama of another Beraisa, if the Chasan dies before the wedding, the woman may claim everything. What does 'everything' incorporate?

(d)What does Rebbi Elazar ben Azaryah say?

4)

(a)According to the Tana Kama, if the father wrote into her dowry, fruit, clothes or household articles, but died before the wedding, her husband will not receive these things after the marriage - because the father only provides a dowry on the understanding that he will be at the Chupah.

(b)Rebbi Nasan is quoted as saying - that the husband receives the dowry in any case.

(c)According to the Tana Kama of another Beraisa, if the Chasan dies before the wedding, the woman may claim everything - Manah or Masayim and the Tosefes (whatever the Chasan added of his own accord).

(d)Rebbi Elazar ben Azaryah says - that whereas she may claim the Manah or the Masayim, she will not receive the Tosefes, which the Chasan only writes on the understanding that they get married.

5)

(a)How do we attempt to connect this Machlokes Tana'im with the previous Machlokes between Rebbi Nasan and the Tana Kama regarding the girl's dowry?

(b)We conclude however, that both Tana'im in the first Beraisa hold like Rebbi Elazar ben Azaryah. How can Rebbi Elazar ben Azaryah agree with Rebbi Nasan, who says that the Chasan receives the dowry, despite the fact that the girl's father died before the Chupah?

(c)Why do we go out of our way to establish the first Beraisa like Rebbi Elazar ben Azaryah?

5)

(a)We suggest that the Tana Kama of the first Beraisa (who holds that the Chasan does not receive the dowry in the event of the father's death) follows the opinion of Rebbi Elazar ben Azaryah, and Rebbi Nasan (who holds that he does) follows the opinion of the Tana Kama of the second Beraisa.

(b)We conclude however, that both Tana'im in the first Beraisa hold like Rebbi Elazar ben Azaryah. In fact, Rebbi Elazar ben Azaryah might even agree with Rebbi Nasan, who says that the Chasan receives the dowry, even though the girl's father died before the Chupah - because the father, like the Chasan, obligates himself on condition that the marriage takes place, irrespective of whether he is at the Chupah or not.

(c)We go out of our way to establish the first Beraisa like Rebbi Elazar ben Azaryah - because later in the Sugya, we will rule like him.

47b----------------------------------------47b

6)

(a)We have already learned that Chazal instituted the dowry against her burial (Kesuvasah Tachas Kevurasah). Against what did they institute ...

1. ... Mezonos (the obligation for a man to sustain his wife)?

2. ... Pirkunah (her release from captivity)?

(b)Why did the Tana find it necessary to write 'Lefichach, Ba'al Ochel Peiros'? What might we otherwise have thought should be done with them?

(c)On what basis did they choose the option that they did rather the alternative?

(d)What reason does Abaye give to explain why they instituted sustenance against her work and the use of her Nichsei Milug against her release from captivity, and not vice-versa?

6)

(a)We have already learned that Chazal instituted the dowry against her burial (Kesuvasah Tachas Kevurasah). They institute ...

1. ... Mezonos (the obligation for a man to sustain his wife) - against Ma'aseh Yadehah (the work that she produces).

2. ... Pirkunah (her release from captivity) - against the Peiros (the right to use her 'Nichsei mi'Lug').

(b)The Tana found it necessary to write 'Lefichach, Ba'al Ochel Peiros' - to preclude from the option of putting the money that she inherits into a fund which would be used for the same purpose, should the need arise.

(c)They chose the option that they did rather the alternative - because sometimes, there will not be sufficient money in the fund to redeem her, and, due to her husband's refusal to redeem her, she will remain in captivity.

(d)Abaye explains that they instituted Mezonos against Ma'aseh Yadehah and Peiros against Pirkunah, and not vice-versa - because both sustenance and the work of her hands are common, whereas Nichsei Milug and captivity are not.

7)

(a)The Tana of the Beraisa, who explains that (in the Pasuk in Mishpatim [concerning the 'marriage' of a master with his Jewish maidservant]) "She'erah, Kesusah v'Onasah Lo Yigra"), "She'erah" means sustenance. In what point does he argue with the Tana of the previous Beraisa?

(b)According to this Tana, what is the meaning of ...

1. ... "Kesusah"?

2. ... "Onasah"?

(c)What does Rebbi Elazar learn from the Pasuk ...

1. ... in Acharei-Mos "Ish Ish el Kol She'er Besaro Lo Sikrevu Legalos" Ervah"?

2. ... in Va'eschanan "va'Ye'ancha va'Yar'ivechah"?

7)

(a)According to the Tana of the Beraisa, who explains that (in the Pasuk concerning the 'marriage' of a master with his Jewish maidservant) "She'erah, Kesusah v'Onasah Lo Yigra"), "She'erah" means Mezonos - Mezonos is d'Oraisa, whereas in the opinion of the Tana of the previous Beraisa, it is d'Rabanan.

(b)According to this Tana ...

1. ... "Kesusah" means - clothes.

2. ... "Onasah" - marital rights (i.e. intimacy at regular intervals).

(c)Rebbi Elazar learns from the Pasuk ...

1. ... in Acharei-Mos "Ish Ish el Kol She'er Besaro Lo Sikrevu Legalos" Ervah" - that "She'er" means marital rights.

2. ... in Va'eschanan "va'Ye'ancha va'Yar'ivechah" - that "Onah" means Mezonos.

8)

(a)According to Rebbi Eliezer ben Yakov, all three refer to the same thing. Which thing?

(b)What does he mean when he says ...

1. ... 'L'fum She'erah, Ten Kesusah'?

2. ... 'L'fum Onasah Ten Kesusah'?

8)

(a)According to Rebbi Eliezer ben Yakov - all of the three above Pesukim refer to clothes.

(b)When he says ...

1. ... 'L'fum She'erah, Ten Kesusah' - he means that he should buy her clothes that suit her age, wider (more pretty) clothes for a younger woman, and narrower clothes (that are less heavy) when she grows older (according to the criteria of earlier times).

2. ... 'L'fum Onasah Ten Kesusah' - he means that new clothes (that are warmer to wear) in the winter, and second-hand clothes (should he wish) in the summer.

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