KESUVOS 55 - 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)We just learned that 'Tenai Kesubah ki'Kesubah' includes the Tosefes. This statement has no less than fourteen ramifications. What is the significance (regarding the Tosefes) of ...

1. ... 'Mocheres' and 'Mocheles'?

2. ... 'Pogemes'?

3. ... 'Tova'as'?

(b)May a woman claim 'Shevach' (the benefits of the improvements that the heirs made in the property after her husband's death) when claiming the Tosefes Kesubah?

(c)On what condition will a woman receive her Kesubah if she claims it not directly from her husband, or if one witness testifies that it has already been paid, or if she claims property from one of her husband's purchasers or from the orphans?

1)

(a)We just learned that 'Tenai Kesubah ki'Kesubah' includes the Tosefes. This statement has no less than fourteen ramifications. The significance (regarding the Tosefes) of ...

1. ... 'Mocheres' and 'Mocheles' is - that, if the woman sells her Kesubah or foregoes it, the Tosefes is included.

2. ... 'Pogemes' is - that, should she claim that her husband paid her an advance of a Dinar of the Tosefes Kesubah, and he counters that he actually paid her the entire Kesubah, she is obligated to swear before receiving the remainder of her Kesubah.

3. ... 'Tova'as' is - that if she claims the Tosefes Kesubah, she loses her Mezonos.

(b)A woman may not claim the 'Shevach' (the benefits of the improvements that the heirs made in the property after her husband's death) when claiming the Tosefes Kesubah (any more than when she claims the actual Kesubah).

(c)A woman will receive her Kesubah if she claims it not directly from her husband, or if one witness testifies that it has already been paid, or if she claims property from one of her husband's purchasers or from the orphans - only after she has made a Shevu'ah (See Maharam Shif).

2)

(a)What is the significance of 'Shevi'is' with regard to the Tosefes?

(b)From which kind of property can she claim Tosefes?

(c)What is the difference between a woman who continues to live on her husband's estate and one who returns to her parental home regarding the Kesubah?

(d)How about the Tosefes Kesubah?

2)

(a)The significance of 'Shevi'is' with regard to the Tosefes - is that it does not cancel the Tosefes (just as it does not cancel the Kesubah itself), and she may continue to claim even after the termination of Shemitah.

(b)She may only claim Tosefes, just as she claims the Kesubah itself - from Ziburis of Karka (inferior-quality land).

(c)A woman who continues to live on her husband's estate may claim her Kesubah at any time - whereas one who returns to her parental home only has twenty-five years ...

(d)And the same applies to the Tosefes Kesubah.

3)

(a)We learned in the Mishnah earlier (regarding Kesuvas Benin Dichrin) 'Inun Yarsun Kesef Kesuvasech'. That is the correct text according to the Pumbedisa'i. How did they read the Mishnah in Masa Mechsaya?

(b)What is the Halachic difference between the two texts? Like whom is the Halachah?

(c)If her husband set aside Metaltelin for her Kesubah ...

1. ... as long as they are available (and not lost), she may claim them from the heirs without a Shevu'ah. Why is that?

2. ... and they got lost, the Pumbedisa'i maintain that she may nevertheless claim without a Shevu'ah. Why?

(d)What did they say in Masa Mechsaya?

3)

(a)We learned in the Mishnah on earlier (regarding Kesuvas Benin Dichrin) 'Inun Yarsun Kesef Kesuvasech'. That is the correct text according to the Pumbedisa'i. In Masa Mechsaya, they read the Mishnah - 'Inun Yasvun Kesef Kesuvasech'.

(b)'Yarsun' implies a Lashon of inheritance, which one cannot claim from Meshubadim - whereas 'Yasvun' implies a Lashon of claiming a debt, which one can. The Halachah is 'Yarsun Tenan'.

(c)If her husband set aside Metaltelin for her Kesubah ...

1. ... as long as they are available (and not lost), she may claim them from the heirs without a Shevu'ah. This is because the reason that she normally requires a Shevu'ah when claiming from the heirs (i.e. perhaps she already received her Kesubah on the form of bundles of money) is not applicable here, seeing as her husband already set aside Metaltelin for her (and is unlikely to have done so twice).

2. ... and they got lost, the Pumbedisa'i maintain that she may nevertheless claim without a Shevu'ah - because her husband is unlikely to have set aside another set of Metaltelin, preferring to rely on the fact that all his property is actually mortgaged for her Kesubah.

(d)In Masa Mechsaya - they said that if the Metaltelin got lost, she may only claim with a Shevu'ah (in case he set aside another set of Metaltelin).

4)

(a)If her husband set aside as an Apotiki for her Kesubah, a field marked (in the document) ...

1. ... on all four sides, she does not require a Shevu'ah either. Why not?

2. ... on one side, they said in Masa Mechsaya that she requires a Shevu'ah. Why is that?

(b)What did the Pumbedisa'i say? Like whom is the Halachah?

4)

(a)If her husband set aside as an Apotiki for her Kesubah, a field marked (in the document) ...

1. ... on all four sides, she does not require a Shevu'ah either - because having mark the field so meticulously, he is unlikely to have set aside money as well.

2. ... on one side, they said in Masa Mechsaya that she requires a Shevu'ah - because he has hardly added anything to the normal situation, where all his property is mortgaged for her Kesubah, yet we are nevertheless afraid that he may have set aside money on her behalf.

(b)According to the Pumbedisa'i - there is no difference between this case and the previous one. Neither requires a Shevu'ah, and that is the Halachah.

5)

(a)If someone who wishes to give his friend a gift of Karka asks witnesses to write the appropriate document, sign it and give it his friend, if the recipient made a Kinyan, no further negotiations are necessary with regard to documenting the gift. Why is that?

(b)The same applies, the Pumbedisa'i maintain, if the recipient did not make a Kinyan. What did they say in Masa Mechsaya?

(c)What is the Halachah?

5)

(a)If someone who wishes to give his friend a gift of Karka asks witnesses to write the appropriate document, sign it and give it his friend, if the recipient made a Kinyan, no further negotiations are necessary with regard to documenting the gift - because 'Stam Kinyan li'Chesivah Omed' (a Kinyan is a carte blanche to document the transaction).

(b)The same applies, the Pumbedisa'i maintain, if the recipient did not make a Kinyan. But in Masa Mechsaya they said - that, in the absence of a Kinyan, the witnesses must first check with the owner before writing a document, even though he specifically said 'Write, sign and give it to him'.

(c)The Halachah - is like the men of Masa Mechsaya.

6)

(a)Rebbi Yonasan rules like Rebbi Shimon Shezuri by Mesukan and Terumas Ma'aser shel Demai. What does Rebbi Shimon Shezuri say about ...

1. ... Mesukan (i.e. a Goses on his deathbed [in Gitin])?

2. ... Terumas Ma'aser shel Demai (in Demai)?

(b)How does Rebbi Yonasan's first ruling give rise to the suggestion that he (and not Rav) is the one to rule like Rebbi Elazar ben Azaryah (who says in our Mishnah that an Almanah min ha'Erusin only receives a Manah)?

6)

(a)Rebbi Yonasan rules like Rebbi Shimon Shezuri - who rules...

1. ... in Gitin that if a Mesukan (i.e. a Goses on his deathbed) announced 'Write a Get for my wife!', one complies with his request, despite his failure to add the word 'Tenu' (which under normal circumstances, would be required). This is because we assume that that is what he really wanted us to do, and that he omitted the word 'Tenu' only because his situation caused him to become confused.

2. ... in Demai that if Terumas Ma'aser shel Demai fell back into the Chulin from which the Chaver separated it, he may ask the Am ha'Aretz from whom he purchased it, even during the week, whether he separated it prior to the sale, and accept his word if he says that he did (because Demai is only mid'Rabanan, and there is also a loss involved).

(b)Rebbi Yonasan's first ruling gives rise to the suggestion that he (and not Rav) is the one to rule like Rebbi Elazar ben Azaryah (who says in our Mishnah that an Almanah min ha'Erusin only receives a Manah) - because Rebbi Shimon Shezuri too (in the case of a Mesukan) bases his opinions on 'Umdena' (that we assess that that is what the person concerned would have wanted), like Rebbi Elazar ben Azaryah does in our Mishnah.

55b----------------------------------------55b

7)

(a)Why did Chazal institute that the gift of a 'Shechiv-Mera' (a man on his deathbed) does not require a Kinyan?

(b)If his documented gift records a Kinyan, Shmuel has doubts whether the gift is valid or not. Why should it not be valid?

(c)Could Shmuel hold like Rebbi Yosi, who holds that the date written on a Shtar determines from when one may claim?

(d)Rav gives such a Shtar the advantage of the gift of a healthy man, and that of a Shechiv Mera. What is the advantage of ...

1. ... the gift of a healthy man (over that of a Shechiv Mera)?

2. ... the gift of a Shechiv Mera (over that of a healthy man)?

7)

(a)Chazal instituted that the gift of a 'Shechiv Mera' (a man on his deathbed) does not require a Kinyan - to prevent the worry that his words are not being accepted from hastening his death.

(b)If his documented gift records a Kinyan, Shmuel has doubts whether the gift is valid or not - because the man may then have meant the Kinyan to take effect specifically through the Shtar, and a Shtar cannot come into effect after the owner's death.

(c)Shmuel may well hold like Rebbi Yosi, who holds that the date written on a Shtar determines when the claim falls due - because that is confined to a healthy person, such as a father who is writing over his property to his son, and who wants to give him the actual property still during his lifetime but the benefits from after his death. Even Rebbi Yosi will agree however, that a Shechiv Mera does not have this in mind.

(d)Rav gives such a Shtar both the advantage of the gift of a healthy man, and that of a Shechiv Mera. The advantage of ...

1. ... the gift of a healthy man (over that of a Shechiv Mera) - is that, should he recover, he cannot retract (whereas a Shechiv Mera can).

2. ... the gift of a Shechiv Mera (over that of a healthy man) - is that even if he bequeaths debts that he is owed, his gift is valid (which would not be the case in the case of a healthy man, because one can only acquire coins together with land, but not using a Kinyan Chalipin (exchange [which we assume is the one that took place here]).

8)

(a)What do we learn from Rav's opinion in the previous case?

(b)How does this refute our suggestion that Rebbi Nasan must be the one to rule like Rebbi Elazar ben Azaryah in our Mishnah?

8)

(a)We learn from Rav's opinion in the previous case - that he too assesses a person's mind, even to the point of extracting money through it ...

(b)... refuting our initial contention that Rebbi Nasan must be the one to rule like Rebbi Elazar ben Azaryah in our Mishnah - because according to what we just established, it could just as well be Rav.

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