1)

(a)On what grounds does Rava query the previous ruling (that the Yavam who inherits the Yevamah's Kesubah, is obligated to bury her)?

(b)What does Abaye mean when he counters 'de'Ba'in Alav mi'Shnei Tzedadim'?

(c)Rava explains that he really based his Kashya on the principle 'Lo Nitnah Kesubah li'Gevos me'Chayim'. What does this mean? From where do we learn it?

(d)How do we answer Rava's Kashya?

(e)What else do Beis Shamai hold that supports Abaye?

1)

(a)Rava queries the previous ruling (that the Yavam who inherits the Yevamah's Kesubah, is obligated to bury her) - because, due to the fact that he only receives the Masayim and the Tosefes, and not the Nichsei Tzon Barzel, the Yavam can argue that he is inheriting his brother, and not the Yevamah.

(b)When Abaye counters 'de'Ba'in Alav mi'Shnei Tzedadim' - he means that Beis-Din can reply 'Either you bury her or you pay her Kesubah (like he would have been obligated to do, had she died after they were married).

(c)Rava explains that his Kashya was really based on the principle 'Lo Nitnah Kesubah li'Gevos me'Chayim' - which we learn from the Shtar Kesubah, where it is written that only when she is fit to marry (after her husband's death) can she claim her Kesubah (but not in the lifetime of her husband).

(d)We answer Rava's Kashya by establishing the principle 'Lo Nitnah Kesubah li'Gevos me'Chayim' according to Beis Shamai (because they are the ones who Darshen the wording of the Kesubah - from which we learn this principle, as we just explained) ...

(e)... and Beis Shamai also happen to hold 'Shtar ha'Omed li'Gevos k'Gavuy Dami' (a substantiated document is considered as if it had already been claimed), in which case, the Kesubah is in the Chazakah of the Yevamah, in which case it is from her that the Yavam inherits it (like Abaye), not from his brother.

2)

(a)According to Beis Shamai, if the husband of a Sotah dies before his wife had a chance to drink the Mei Sotah, the Sotah may claim her Kesubah and does not need to drink. Why not?

(b)In view of this Derashah (with which Beis Hillel do not argue), how do we amend Beis Hillel, who say 'O Shosos O Notlos Kesubah'?

(c)Beis Hillel's reason is based on the principle 'ha'Motzi me'Chavero Alav ha'Re'ayah'. What is Beis Shamai's?

(d)Abaye learned earlier that we force the Yavam from two directions. How do we adhere to the Lashon of the Kesubah, which explicitly states 'ke'she'Tinas'i l'Acher Titli Mah she'Kasuv Lechi', when in fact, she is not free to marry anyone other than the Yavam?

2)

(a)According to Beis Shamai, if the husband of a Sotah dies before his wife has had a chance to drink the Mei Sotah, the Sotah claims her Kesubah and does not need to drink - because the Torah writes in Naso "v'Heivi ha'Ish es Ishto", which he cannot do once he is dead.

(b)In view of this Derashah (with which Beis Hillel do not argue), we amend Beis Hillel, who say 'O Shosos O Notlos Kesubah' - to read 'Mitoch she'Lo Shosos, Lo Notlos Kesubah'.

(c)Beis Hillel's reason is based on the principle 'ha'Motzi me'Chavero Alav ha'Re'ayah'. Beis Shamai - holds 'Shtar ha'Omed li'Gevos k'Gavuy Dami', as we explained above, in which case the woman is considered a Muchzak in the Kesubah, and not a Motzi.

(d)Abaye learned earlier that we force the Yavam from two directions. Despite the fact that she is not free to marry anyone other than the Yavam, we adhere to the Lashon of the Kesubah, which explicitly states 'ke'she'Tinas'i l'Acher Titli Mah she'Kasuv Lechi' - because the Yavam is also called 'Acher'.

3)

(a)When Rebbi Aba (alias Rav) asked Sumchus what a Yavam should do to enable him to sell his brother's property, what did the latter reply, assuming the Yavam was ...

1. ... a Kohen?

2. ... a Yisrael?

(b)In the latter case, does it make any difference whether he pays her the Kesubah and sells what he wants before taking her back, or whether he takes her straight back?

(c)Seeing as she will anyway be able to claim from the fields that he sells (as we shall see later in the ninth Perek), why should the Yavam not be permitted to sell the fields?

(d)How did Rava query Abaye from this Beraisa on what he said earlier that according to Beis Hillel, the Kesubah of a Yevamah can be claimed in the lifetime of the Yavam?

3)

(a)When Rebbi Aba (alias Rav) asked Sumchus what a Yavam (after Yibum) should do to enable him to sell his brother's property, assuming the Yavam was ...

1. ... a Kohen - the latter replied that he should make a party and take the opportunity to persuade her to allow him to sell.

2. ... a Yisrael - he replied that he should divorce her and take her back.

(b)In the latter case, it makes no difference whether he pays her the Kesubah and sells what he wants before taking her back, or whether he takes her straight back, and writes her a fresh Kesubah stipulating that whatever he has bought or will buy is all Meshubad towards her Kesubah (see Tosfos DH 'Megarshah').

(c)Despite the fact that the Yevamah will anyway be able to claim from the fields that he sells (as we shall see later in the ninth Perek) she can nevertheless prevent him from selling them - to stop her from having to take the trouble of going to Beis-Din (to extract the property from the buyer).

(d)Rava queried Abaye from this Beraisa on what he said earlier (that according to Beis Hillel, the Kesubah of a Yevamah can be claimed in the lifetime of the Yavam) - inasmuch as according to that, why did the Tana not permit him to designate some property towards her Kesubah and sell the rest?

4)

(a)Why did Rava not ask the same Kashya from the Tana of our Mishnah, which forbids a Yavam to tell the Yevamah that her Kesubah is lying on the table?

(b)How do we prove this answer from the Seifa, where the Tana states the same Halachah with regard to a husband and his wife? What is the significance of 'the three fields'?

(c)How does Abaye repudiate Rava's Kashya from Rebbi Aba's Beraisa?

4)

(a)Rava did not ask the same Kashya from the Tana of our Mishnah (which forbids a Yavam to tell the Yevamah that her Kesubah is lying on the table) - because there, Abaye could have answered simply that the Tana was merely offering the Yavam a piece of advice (to avoid having to write her another Kesubah. See Tosfos DH 'Ela'); whereas in the case of Rebbi Aba, where the Yavam is advised to divorce the Yevamah, it would surely make more sense to avoid the stigma by designating a field for her Kesubah.

(b)We prove this answer from the Seifa, where the Tana states the same Halachah with regard to a husband and his wife - and where we know from Bava Basra that, with the exception of one of three fields (that he specified in her Kesubah), he is permitted to sell his property (due to the fact that he stipulated in the Kesubah that whatever he bought or would buy in the future, was designated towards her Kesubah).

(c)Abaye repudiates Rava's Kashya from Rebbi Aba's Beraisa - on the grounds that designating a specific field for the Yevamah's Kesubah will evoke her suspicions that he wants to divorce her, causing her to hate him; whereas divorcing her with the express intention of taking her back, will not, because she will realize that he is doing this only because he wants to sell the rest of the property.

81b----------------------------------------81b

5)

(a)Why did that man from Pumbedisa prepare to throw a Get to his Yevamah?

(b)How did his older brother appease him?

(c)What does the Beraisa say about a Yavam selling his deceased brother's property worth a hundred Manah, when the Yevamah's Kesubah is worth only one?

(d)What ruling did Rav Yosef issue, based on this Beraisa?

5)

(a)That man from Pumbedisa prepared to throw a Get to his Yevamah - to prevent his older brother (who had first rights) from performing Yibum with her (and from thereby inheriting all of his deceased brother's property).

(b)His older brother appeased him - by promising him half of their deceased brother's inheritance, and even went so far as to make a Kinyan to that effect.

(c)The Beraisa states - that a Yavam is forbidden to sell his deceased brother's property, even if it is worth a hundred Manah, and the Yevamah's Kesubah is worth only one.

(d)Based on this Beraisa - Rav Yosef ruled that if a Yavam did sell any of his brother's property, the sale is invalid, and that consequently, the older brother's gift to his younger brother of half the deceased brother's property was invalid.

6)

(a)We learned earlier in a Mishnah that if a woman inherited property after her betrothal, Beis Shamai permit her to sell it, but Beis Hillel do not. What do Beis Hillel say in the event that she sold it?

(b)What does Abaye ask from here on Rav Yosef?

(c)What did Abaye respond when Rav Chanina bar Papi sent his approval of Rav Yosef's ruling?

6)

(a)We learned in a Mishnah that if a woman inherited property after her betrothal, Beis Shamai permit her to sell it, but Beis Hillel do not. In the event that she sold it however - Beis Hillel concede that the sale is valid.

(b)If so, Abaye asked Rav Yosef - how can he deduce from the Beraisa which forbids a Yavam to sell his deceased brother's property, that if he did sell it, the sale must be invalid?

(c)When Rav Chanina bar Papi sent his approval of Rav Yosef's ruling - Abaye pointed out that his approval had come without a proof.

7)

(a)Rav Minyumi Brei d'Rav Nichumi sent a message that he agreed with Abaye. What did he add?

(b)Rav Yosef took up the challenge and discovered a Beraisa. What does the Beraisa say about a Yavam who is also his brother's creditor?

(c)How did Abaye refute Rav Yosef's proof from there?

(d)When Rav Yosef proved his point from the Lashon of the Beraisa 'Motzi'in mi'Yavam', implying that we do so even against his will, they sent word to Rav Minyumi Brei d'Rav Tivyumi. He quoted Rav Yosef bar Minyumi who quoted Rav Nachman. What did Rav Nachman say?

7)

(a)Rav Minyumi Brei d'Rav Nichumi sent a message that he agreed with Abaye - adding that, should Rav Yosef have any further proof for his opinion, they should let him know.

(b)Rav Yosef took up the challenge and discovered a Beraisa, which rules - that despite the fact that he is brother's heir, a Yavam who is also his brother's creditor - may not assume full ownership of the property, but must buy with it land (for his wife's Kesubah) from which he eats the Peiros.

(c)Abaye refuted Rav Yosef's proof from there - on the grounds that the Tana is only presenting the Yavam with a sound piece of advice, to ensure that he retains his inheritance, rather than squander the money and lose it all.

(d)When Rav Yosef proved his point from the Lashon of the Beraisa 'Motzi'in mi'Yavam', implying that we do so even against his will, they sent word to Rav Minyumi Brei d'Rav Tivyumi. He quoted Rav Yosef bar Minyumi who quoted Rav Nachman - who said that the word 'Motzi'in' was inserted erroneously and should be erased.

8)

(a)Searhing for the basis of Rav Nachman's ruling to erase 'Motzi'in' from the above Beraisa, on what grounds do we rule out the suggestion that it is because Metaltelin are not Meshubad towards a Kesubah?

(b)How would establishing the Beraisa like Rebbi Meir help Rav Yosef, seeing as the Halachah is not like Rebbi Meir anyway?

(c)We rule out the suggestion that he erases 'Motzi'in' because he can say to the Yevamah 'You are my brother's creditor, and not mine, due to a statement of Rebbi Nasan in a Beraisa. What does Rebbi Nasan learn from the Pasuk in Naso "v'Nasan la'Asher Asham Lo"?

(d)Then on what grounds does Rav Nachman erase 'Motzi'in' from the Beraisa?

8)

(a)Searching for the basis of Rav Nachman's ruling to erase 'Motzi'in' from the above Beraisa we rule out the suggestion that it is based on the principle that 'Metaltelin are not Meshubad towards a Kesubah' - because the author might be Rebbi Meir, in whose opinion they are.

(b)Establishing the Beraisa like Rebbi Meir would help Rav Yosef, despite the fact that the Halachah is not Rebbi Meir anyway - because whereas the Chachamim may well argue with him regarding Metaltelin, we do not find that they also argue with the statement 'Motzi'in', which is the point Rav Yosef is making.

(c)We rule out the suggestion that he erases 'Motzi'in' because he can say to the Yevamah 'You are my brother's creditor, not mine, because of Rebbi Nasan in a Beraisa - who learns from the Pasuk "v'Nasan la'Asher Asham Lo", that if Reuven owes Shimon money and Shimon owes Levi, Levi has the right to claim directly Reuven, as if he was his debtor. In our case too, using the same argument, the Yavam becomes the Yevamah's debtor.

(d)Rav Nachman erases 'Motzi'in' from the Beraisa - on the grounds that, seeing as Kesubah is only mid'Rabanan, we do not find a Tana who applies two stringencies with regard to it. Consequently, we will establish the Beraisa either like Rebbi Meir or like Rebbi Nasan, but not like both.

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