KESUVOS 51 - 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)A young Yasom whose inheritance was in the hands of an Apotropos (an administrator), came before Rava together with his sister to ask about Mezonos. What did he rule?

(b)What is Rava's opinion with regard to claiming sustenance, Kesubah and clothes from Metaltelin?

(c)Then how did he justify his current ruling regarding the Yesomah?

1)

(a)A young Yasom whose inheritance was in the hands of an Apotropos (an administrator), came before Rava together with his sister to ask about Mezonos. Rava ruled - that the Apotropos should give the Yasom extra Mezonos to feed his sister too.

(b)Rava maintains - that a woman cannot claim sustenance, Kesubah or clothes from Metaltelin.

(c)He nevertheless justifies his current ruling regarding the Yesomah - by pointing out that if the Yasom had asked for money for a maidservant (incorporating the necessary provisions) to serve him, the Apotropos would have been obligated to fulfill his request. And his sister (who will certainly help him to keep house) is surely not worse than a maidservant.

2)

(a)What does Rebbi say in a Beraisa regarding widows and daughters claiming from the sons who inherited only Metaltelin?

(b)What does Rebbi Shimon ben Elazar say in this regard?

(c)Why ought we to rule like Rebbi?

(d)Why in fact, do we rule like Rebbi Shimon ben Elazar?

2)

(a)Rebbi says in a Beraisa - that widows and daughters are entitled to claim Mezonos from the sons who inherited only Metaltelin.

(b)Rebbi Shimon ben Elazar rules - that the daughters cannot claim Mezonos from the heirs from Metaltelin.

(c)We ought to rule like Rebbi - because whenever Rebbi argues with a contemporary, the Halachah is like him.

(d)In fact, we rule like Rebbi Shimon ben Elazar - because Rava rules like him (and it is the prerogative of the Amora'im to rule as they see fit [though it is not common for them to ignore the principles involved]).

3)

(a)What does Rebbi Shimon ben Elazar say about a case when a man died leaving only ...

1. ... boys, and the older sons took control of their inherited Karka?

2. ... girls, and the older girls took control of their inherited Karka?

(b)What normally happens in a case when a man dies, leaving Nechasim Mu'atim (insufficient property for the boys to inherit and the girls to be fed until they become Bogros)?

(c)Still regarding Karka, what does Rebbi Shimon ben Elazar say about a case when a father leaves ...

1. ... Nechasim Merubim (sufficient property), and the girls claim Mezonos?

2. ... Nechasim Mu'atim, and the boys claim Mezonos?

(d)We learned above that, if the father left Metaltelin, the girls cannot claim Mezonos. What happens regarding the other three cases (if the older boys took control of the property when there were only boys, or the older girls took control of the property when there were only girls, or if the girls took control of the property, and there were also boys)?

3)

(a)Rebbi Shimon ben Elazar rules that if a man died leaving only ...

1. ... boys, and the older sons took control of their inherited Karka - we take the younger sons' portion away from the older ones and give it to the rightful owners.

2. ... girls, and the older girls took control of their inherited Karka - we do likewise.

(b)When a man dies, leaving Nechasim Mu'atim (insufficient property for the boys to inherit and the girls to be fed until they become Bogros) - then it is normally the girls who inherit, and the boys who have to go begging.

(c)Still regarding Karka, Rebbi Shimon ben Elazar rules - that when a father leaves ...

1. ... Nechasim Merubim (sufficient property), and the girls claim Mezonos - they are entitled to it.

2. ... Nechasim Mu'atim, and the boys claim Mezonos - they are not.

(d)We learned above that, if the father left Metaltelin, sons and daughters, the girls cannot claim Mezonos. Regarding the other three cases (if the older boys took control of the property when there were only boys, or the older girls took control of the property when there were only girls, or if the girls took control of the property, and there were also boys) - the respective claimants are entitled to claim.

4)

(a)On what grounds may a woman claim a Kesubah even though her husband did not write her one?

(b)What will be the Din if a man ...

1. ... designates a field worth one Manah for his wife who is a Besulah, and then, when he divorces her, he insists that she must accept it in full settlement of her Kesubah?

2. ... fails to write in his wife's Kesubah that he will redeem her in the event that she is captured?

(c)What must he add if she is a Kohenes?

(d)In the event that a woman is captured, her husband is not permitted to present her with a Get together with her Kesubah and with instructions that she redeems herself. By which obligation is he permitted to do so? Why the difference?

4)

(a)A woman may claim a Kesubah even though her husband did not write one - because it is a Tenai Beis Din (a condition of Beis Din).

(b)If a man ...

1. ... designates a field worth one Manah for his wife who is a Besulah, and then, when he divorces her, he insists that she must accept it in full settlement - the Din is that all his property is mortgaged towards her Kesubah, whether he likes it or not. Consequently, she may claim the outstanding Manah from the rest of his property.

2. ... fails to write in his wife's Kesubah that he will redeem her in the event that she is captured - he is nevertheless obligated to do so, because this too, is a Tenai Kesubah.

(c)If she is a Kohenes - he must add a clause obligating himself to return her to her country of origin (seeing as she will not be permitted to return to him).

(d)In the event that a woman is captured, her husband is not permitted to present her with a Get together with her Kesubah and with instructions that she redeems herself - because he was already obligated to redeem her from the time that she was captured. He is however, permitted to do so, should his wife fall ill and require medication - because he is not obligated to sustain his divorced wife (and medication is considered a part of sustenance - nor is the medication that she requires now the same as the medication that she required at the time that she fell ill, as is the case with the money for her redemption).

5)

(a)We initially contend that the author of our Mishnah (which requires a Kesubah of two hundred Zuz for a Besulah and of a Manah for an Almanah) must be Rebbi Meir. Why is that? What does Rebbi Yehudah say?

(b)What makes us think, on the other hand, that the author of the Seifa (which says that even if he designated in her Kesubah a field of one Manah for her Kesubah, all her property is mortgaged) must be Rebbi Yehudah?

(c)Rebbi Meir disagrees with this principle. What does he say in the case of a person who finds a document of debt which does not have Shibud Nechasim specifically written in it?

(d)What do the Chachamim (Rebbi Yehudah) say?

5)

(a)We initially contend that the author of our Mishnah (which requires a Kesubah of two hundred Zuz for a Besulah and of a Manah for an Almanah) must be Rebbi Meir - who holds (in Perek af-al-pi) that the woman is not even permitted to forego part of her Kesubah. Rebbi Yehudah however permits foregoing part of the Kesubah, provided she writes a receipt to the effect that she has received the amount that she is willing to forego.

(b)On the other hand, we think that the author of the Seifa (which says that even if he designated in her Kesubah a field of one Manah for her Kesubah, all her property is mortgaged) must be Rebbi Yehudah - because he is the one who holds (in a Mishnah in Bava Metzi'a) 'Acharayos Ta'us Sofer Hu' (failure to accept responsibility (to reimburse the purchaser or the creditor in the event of theft or earlier creditors claiming it) is considered a Sofer's error, and the seller is nevertheless responsible to reimburse the purchaser.

(c)Rebbi Meir disagrees with this principle. He says that if a person finds a document of debt which does not have Shibud Nechasim (responsibility) specifically written in it - he should return it (assuming the debtor agrees that he has not paid), because there is no fear that the debtor colluded with the creditor in order to reclaim a field that he sold (seeing as there is no Shibud Nechasim).

(d)The Chachamim (Rebbi Yehudah) say - 'Acharayos Ta'us Sofer Hu', and the finder may not return the document, because we are afraid of collusion.

51b----------------------------------------51b

6)

(a)What do we mean when we propose that the author of the entire Mishnah is Rebbi Meir and that he differentiates between other documents and Kesuvos?

(b)What does Rebbi Meir say in a Beraisa about five things, among them Kesuvas Ishah, that refutes this proposition?

(c)We finally establish our Mishnah entirely like ...

1. ... Rebbi Yehudah. How do we then resolve Rebbi Yehudah here with what he said later that 'Hiskabalti' is effective?

2. ... Rebbi Meir. How do we then resolve his opinion here with his opinion in Bava Metzi'a 'Acharayos Lav Ta'us Sofer Hu'?

6)

(a)When we propose that the author of the entire Mishnah is Rebbi Meir and that he differentiates between other documents and Kesuvos - we mean that maybe he only holds 'Acharayos Lav Ta'us Sofer Hu' by documents that are self-obligated, but by Kesuvos, which are a Tenai Beis Din, he will concede that 'Acharayos Ta'us Sofer Hu'.

(b)Rebbi Meir says in a Beraisa - that there are five things that one can only claim from Bnei Chorin (property that is actually in the debtor's domain - but not from Meshubadim [property that was sold]), among them Kesuvas Ishah, refuting the above proposition that Kesuvos are different.

(c)We finally establish our Mishnah entirely like ...

1. ... Rebbi Yehudah - who says later that 'Hiskabalti' is effective, whereas our Mishnah speaks when she did not say 'Hiskabalti'.

2. ... Rebbi Meir, who holds 'Acharayos Lav Ta'us Sofer Hu' - and when he says in our Mishnah 'Chayav', he means that he is Chayav to pay from Bnei Chorin and not from Meshubadim.

7)

(a)Two of the five things that one can only claim from Bnei Chorin are Peiros and Shevach Peiros, for which the buyer claims reimbursement from the thief who sold him the stolen field. What are ...

1. ... 'Peiros'?

2. ... 'Shevach Peiros'?

(b)Why can the buyer not claim them from Meshubadim (like he does the field itself)?

(c)Besides a Shtar Chov which does not contain Acharayos and a Kesubah, which is the remaining case?

(d)Why can they not claim them from Meshubadim?

7)

(a)Two of the five things that one can only claim from Bnei Chorin are Peiros and Shevach Peiros for which the buyer claims reimbursement from the thief who sold him a stolen field.

1. ... 'Peiros' are - the fully-grown fruits that grew in the field.

2. ... 'Shevach Peiros' are- the various improvements that the purchaser made in the field.

(b)The buyer cannot claim them from Meshubadim (like he does the field itself) - because the amounts are not fixed, making it difficult for the purchaser (from whom they would claim) to guard himself against their claim.

(c)Besides a Shtar Chov which does not contain Acharayos and a Kesubah, the remaining case is - someone who undertakes to feed his wife's son or daughter.

(d)They (like Peiros and Shevach Peiros cannot claim them from Meshubadim - because the amounts are not fixed.

8)

(a)On what grounds does Shmuel's father maintain that the wife of a Yisrael is forbidden to return to her husband even though she was raped?

(b)How did Rav refute Shmuel's father's ruling from one of the Tena'ei Kesubah in our Mishnah?

(c)In spite of the Pasuk in Iyov (stating that sometimes even great men must swallow their words), Shmuel's father remained unperturbed. Why is that? How did he refute the proof from our Mishnah?

(d)Then how did he explain the Pasuk in Ki Setzei, which permits a woman who was raped, to her husband?

8)

(a)Shmuel's father maintains that the wife of a Yisrael who has been raped is forbidden to return to her husband - on the grounds that, at the end of the Bi'ah, she is likely to have condescended, and a married woman who condescends to Bi'ah with another man is forbidden to her husband.

(b)Rav refuted Shmuel's father ruling from our Mishnah - which obligates a man to insert in his wife's Kesubah that, in the event of her being taken captive, he will redeem her and take her back.

(c)In spite of the Pasuk in Iyov (stating that sometimes even great men must swallow their words), Shmuel's father remained unperturbed - because he made a distinction between rape and being taken captive, which, even by the wife of a Kohen, is only a Chumra, since one does not know for certain that the woman was even raped.

(d)He establishes the Pasuk in Ki Setzei permitting a woman who was raped, to her husband - when witnesses testify that the woman protested during the entire period of the rape.

9)

(a)Rava disagrees with Shmuel's father. What does he say about a case of 'Techilaso b'Ones v'Sofo b'Ratzon'?

(b)Why is that?

(c)What does the Beraisa Darshen from the Pasuk in Naso "v'Hi Lo Nispasah (Asurah)" that supports Rava's opinion?

(d)What other Derashah does a second Tana make from the same Pasuk with regard to the wife of a Kohen?

9)

(a)Rava disagrees with Shmuel's father. According to him - even if the woman who is being raped instructs the witnesses to leave the rapist alone because, if he had not raped her she would have hired him, she is nevertheless permitted to her husband ...

(b)... because that is all part of the Ones - since the initial rape instilled her with the Yetzer ha'Ra to continue.

(c)The Beraisa Darshens from the Pasuk "v'Hi Lo Nispasah (Asurah)" that there is another woman who is not taken by force, but who is nevertheless permitted - and that is a woman who was initially forced, but who ultimately continued willingly, a proof for Rava.

(d)A second Tana Darshens from the same Pasuk that there is another woman who was taken by force, yet she is forbidden to her husband - and that is the wife of a Kohen.

10)

(a)Rav Yehudah Amar Shmuel quotes Rebbi Yishmael, who makes a third Derashah from "v'Hi Lo Nispasah (Asurah)", permitting a woman whose Kidushin was negated retroactively to the man to whom she is currently 'married', due to a condition that was not met. What does he say about her?

(b)Rav Yehudah permitted women who were kidnapped and raped by their captors to return to their husbands. How did he justify his ruling to the Rabanan, who maintained that they (the women) tended to provide them with food, and that they should therefore be considered willing partners (who are forbidden to their husbands)?

(c)Nor did he relent when they pointed out that they would even help them in wartime. What did they used to do? Why did he still consider them Anusim?

(d)In which case would Rava concede that a woman who is captured is forbidden to her husband?

10)

(a)Rav Yehudah Amar Shmuel quotes Rebbi Yishmael, who makes a third Derashah from "v'Hi Lo Nispasah (Asurah)", permitting a woman whose Kidushin was negated retroactively to the man to whom she is currently 'married', due to a condition that was not met. He says - that even if her son is riding on her shoulders she can just walk out of the marriage, because their marriage is not valid anyway.

(b)Rav Yehudah permitted women who were kidnapped and raped by their captors to return to their husbands, despite the fact that they (the women) would provide them with food - because, as he explained to the Rabanan, they did not so not willingly, but out of fear.

(c)Nor did he relent when they pointed out that they would even help them in wartime - by handing them the arrows to shoot, because that too, they did out of fear.

(d)Rava conceded however, that a woman who was captured would become forbidden to her husband - if her captor offered her freedom, and she declined the offer.

11)

(a)One Beraisa permits royal captives to return to their husbands, but forbids those taken captive by robbers. Another Beraisa forbids royal captives but permits those taken captive by robbers. Which kind of royal captives are permitted and which kind are forbidden?

(b)When are women captured by robbers forbidden and when are they permitted?

(c)How can the Tana of one Beraisa refer to ben Netzer as a king and the Tana of another Beraisa, as a robber?

11)

(a)One Beraisa permits royal captives to return to their husbands, but forbids those taken captive by robbers. Another Beraisa forbids royal captives, but permits those taken captive by robbers. The former - refers to kings like Achashverosh, who took the women by force; the latter - to kings such as ben Netzer, who were basically robbers, but who captured towns and ruled over them by force. Women would offer to marry him for the privilege of marrying a ruler.

(b)Women captured by robbers are forbidden - when they are royal robbers of the caliber of ben Netzer (as we just explained), and they are permitted - when they are captured forcibly by ordinary robbers.

(c)The Tana of the second Beraisa refers to ben Netzer as a king, because he is contrasting him to an ordinary robber - whereas the Tana of the first Beraisa compares him to a robber, because he is contrasting him to a king.

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