1)
(a)Our Mishnah discuses a man who sold his field , and whose one of two wives withdrew any claim against the purchaser. What happens to the field when the husband dies and the second woman claims it from the purchaser?
(b)What sort of field are we talking about?
(c)The Tana in the Mishnah speaks about one of the wives withdrawing any claims against the creditor. How do we reconcile this with the Beraisa that one cannot withdraw from something that one already has?
1)
(a)Our Mishnah discuses a man who sold his field , and whose one of two wives withdrew any claim against the purchaser. When their husband dies and the second woman claims it from the purchaser - the first woman claims it from the second one and the purchaser from the first woman (in a never-ending cycle).
(b)We are talking about a field that is Meshubad to both Kesuvos.
(c)The Tana in the Mishnah speaks about one of the wives withdrawing any claims against the creditor. To reconcile this with the Beraisa that one cannot withdraw from something that one already has - we establish it in a case where no Kinyan was made, whereas our Mishnah is speaking when she made a Kinyan (and, as we learned above in ha'Kosev, the Kinyan pertains to the actual field, and is therefore valid).
2)
(a)We learned in the Mishnah in Gitin that if someone purchases a field that is designated for a woman's Kesubah, the purchase is invalid, even if the sale is backed by the seller's wife. Why is that?
(b)How does Rebbi Zeira Amar Rav Chisda initially reconcile our Mishnah, which accepts the woman's withdrawal (albeit with a Kinyan), with the Mishnah in Gitin?
(c)According to Rebbi Yehudah, if a man sells one field to one person without the backing of his wife, and a second field to another person, and his wife substantiates the sale, she can say 'I only agreed in order to make my husband happy'. On what grounds does she lose her Kesubah, according to Rebbi Meir?
(d)What problem do we have with Rebbi Zeita's answer (establishing our Mishnah like Rebbi Meir and the Mishnah in Gitin, like Rebbi Yehudah)?
2)
(a)We learned in the Mishnah in Gitin that if someone purchases a field that is designated for a woman's Kesubah, the purchase is invalid, even if the sale is backed by the seller's wife - because she can say that she only agreed to the sale in order to make her husband happy.
(b)Rebbi Zeira Amar Rav Chisda initially reconciles our Mishnah, which accepts the woman's withdrawal (albeit with a Kinyan), with the Mishnah in Gitin - by establishing our Mishnah like Rebbi Meir, and the Mishnah in Gitin like Rebbi Yehudah (who argue over this point in a Beraisa).
(c)According to Rebbi Yehudah, if a man sells one field to one person without the backing of his wife, and a second field to another person, and his wife substantiates the sale, she can say 'I only agreed in order to make my husband happy'. According to Rebbi Meir, she loses her Kesubah - because it speaks when there are no Bnei Chorin (property or money still in the husband's domain), and as for the Meshubadim: she can neither claim from the first purchaser, who can say that he left her property with her husband, nor from the second purchaser, whose purchase she herself corroborated .
(d)The problem with establishing our Mishnah like Rebbi Meir and the Mishnah in Gitin, like Rebbi Yehudah is - that it would be rather odd for Rebbi to present two Stam Mishnahs according to two conflicting opinions.
3)
(a)How does Rav Papa establish our Mishnah in a way that renders it unanimous?
(b)According to Rav Ashi, the author of the Mishnah in Gitin too, is Rebbi Meir. How does he then reconcile the Mishnah in Gitin with Rebbi Meir's opinion in the Beraisa?
(c)How does he establish our Mishnah too, like Rebbi Meir?
3)
(a)Rav Papa establishes our Mishnah - when the woman relinquished her rights from her Kesubah after she was already divorced (in which case, even Rebbi Yehudah will concede that she would hardly have done so to make her husband happy).
(b)According to Rav Ashi, the author of the Mishnah in Gitin too, is Rebbi Meir - because Rebbi Meir only argues with Rebbi Yehudah when the woman corroborated the second sale, but not the first one (a clear indication, that she genuinely agreed with the second sale); whereas in the Mishnah in Gitin, where the sale that she corroborated was the only one, he will concede that she only signed in order to make her husband happy).
(c)Our Mishnah, which Rav Ashi also establishes like Rebbi Meir - speaks when her husband had already sold the field to a previous buyer, and that she had not corroborated that sale (in which case, Rebbi Meir will agree with Rebbi Yehudah, as we just explained).
4)
(a)From which quality fields does a creditor have the right to claim?
(b)What does the Mishnah in Gitin say about a creditor, whose debtor sold everything except Ziburis (poor quality fields)? From whom does he claim his debt?
4)
(a)A creditor has the right - to claim from medium-quality fields (mid'Rabanan, because Chazal were afraid that otherwise, people will refuse to lend money).
(b)The Mishnah in Gitin says that a creditor, whose debtor sold everything except Ziburis (poor quality fields) - must claim from Ziburis, because one cannot claim from Meshubadim when there are Bnei Chorin (irrespective of the quality of those Bnei Chorin).
5)
(a)We ask what the Din will be regarding a case where the debtor sold all his fields, but retained one field, which became spoiled, whether he loses his money altogether, or whether he may now claim his debt from the purchasers. How do we try to resolve this She'eilah from the Beraisa (that we quoted above) 'Kasav l'Rishon v'Lo Chasmah Lo, l'Sheni v'Chasmah Lo, Ibdah Kesuvasah'?
(b)Rav Nachman bar Yitzchak answers 'Mai Ibdah, mi'Sheni'. On what grounds does Rava immediately dismiss that answer?
(c)He also rejects it on the basis of a Beraisa. What does the Beraisa say about a creditor, who withdraws from any claim against the second purchaser of the debtor's fields?
(d)How does Rava refute the proof for our She'eilah from there or from the Beraisa which, under similar circumstances, writes 'Ibdah Kesuvasah'? In what way are both of those cases different than a regular case of a field which became spoilt after the purchaser had acquired the rest of the debtor's fields?
5)
(a)We ask what the Din will be regarding a case where the debtor sold all his fields, but retained one field, which became spoiled, whether he loses his claim or whether he may now claim his debt from the purchasers. We try to resolve this She'eilah from the Beraisa (that we quoted above) 'Kasav l'Rishon v'Lo Chasmah Lo, l'Sheni v'Chasmah Lo, Ibdah Kesuvasah' - because, if we were to say that, once there is no possibility of claiming from Bnei Chorin, one can claim from Meshubadim, then why should the woman there not claim from the first purchaser (from whom she did not withdraw)?
(b)Rav Nachman bar Yitzchak answers 'Mai Ibdah, mi'Sheni' - which Rava immediately dismisses on the grounds that 'Ibdah' implies a total loss.
(c)He also rejects it on the basis of a Beraisa - which rules specifically that a creditor who withdraws from any claim against the second purchaser of the debtor's field, has no claim against the first creditor either.
(d)Rava refutes any proof for our She'eilah from there or from the Beraisa which, under similar circumstances, writes 'Ibdah K'suvasah' - because there, since the creditor and the woman respectively, withdrew from their main source of claim, they are responsible for causing their own loss, whereas in our case, where the property became spoiled automatically, it is not the fault of the creditor.
95b----------------------------------------95b
6)
(a)Rav Yeimar cited a case to Rav Ashi concerning a man who deposited an orchard with his friend for ten years. What was the case? What were the conditions of the deposit?
(b)What did the Beis-Din rule when, after five years, the trees became too old to produce fruit?
(c)Considering that this was a regular occurrence, why do we still have any doubts about a debtor who sold all his fields, but retained one which became spoiled? Why is it not obvious from there?
(d)What is the conclusion regarding our She'eilah (a debtor who sold all his fields, but retained one which became spoiled)? Is the creditor permitted to claim from Meshubadim or not?
6)
(a)Rav Yeimar cited a case to Rav Ashi concerning a man who deposited an orchard with his friend for ten years. The man - was a debtor, who agreed that the creditor should eat the fruit of the field for ten years (in lieu of his debt), before returning it without charge.
(b)When, after five years, the trees became too old to produce fruit - Beis-Din handed the creditor a credit note authorizing him to claim from the debtor's purchasers.
(c)Despite the fact that this was a regular occurrence, we still have doubts about a debtor who sold all his fields, but retained one which became spoiled. It is not obvious from there at all - because there too, the purchaser had only himself to blame for buying property from someone who had entered into such a transaction, knowing that trees tend to dry up after a few years.
(d)The Halachah regarding our She'eilah is - that the creditor is permitted to claim from Meshubadim.
7)
(a)What does Abaye say about a man who says to a woman 'Nechasai Lach v'Acharayich li'Ploni', and then she gets married? Who gets the property?
(b)Why is that?
(c)Like which Tana does Abaye hold?
7)
(a)If a man says to a woman 'Nechasai Lach v'Acharayich li'Ploni', and then she gets married - Abaye rules that the husband takes the property ...
(b)... because he is considered a buyer, and 'Acharecha' does not get anything when there is a buyer.
(c)This is the opinion of - Raban Shimon ben Gamliel (as we shall see shortly).
8)
(a)What does Rebbi in a Beraisa hold regarding a man who says to his friend 'Nechasai Lach v'Acharecha li'Ploni', if the first man goes and sells the property?
(b)What does Raban Shimon ben Gamliel say?
(c)How does Abaye himself describe someone who advises the recipient of a gift given in such a manner to do like Raban Shimon ben Gamliel?
(d)Then how can he have made his initial statement (permuting a woman to get married, placing the property in the hands of the husband, like Raban Shimon ben Gamliel)?
8)
(a)Rebbi in a Beraisa holds that if after saying to his friend 'Nechasai Lach v'Acharecha li'Ploni', a man sells the property - 'Acharecha' may take the property from the purchaser.
(b)According to Raban Shimon ben Gamliel - the purchaser gets it, and not 'Acharecha'.
(c)Abaye himself describes someone who advises the recipient of a gift given in such a manner to sell the property (like Raban Shimon ben Gamliel) - as an interfering Rasha.
(d)When Abaye made his initial statement - he meant (not that the woman is permitted to get married l'Chatchilah in order to deprive 'Acharecha' of the property, but) that, if she did get marries, then her husband gets the property.
9)
(a)In a case where the same person gave the woman the gift when she was already married, and the woman then sold it and died, the husband, who is considered the first purchaser takes it from the second purchaser. According to Abaye, what happens next?
(b)Why is it that in our Mishnah, we learned that, in a similar case, the property rotates between the two wives and the purchaser (until they come to terms), whereas here, the Chachamim intercede, placing the property in the possession of the buyer?
9)
(a)In a case where the same person gave the woman the gift when she was already married, and the woman then sold it and died, the husband, who is considered the first purchaser, takes it from the second purchaser. According to Abaye - Acharecha then takes it from the husband and the first purchaser from the husband, where Chazal decided, it remains.
(b)In our Mishnah, we learned that, in a similar case, the property rotates between the two wives and the purchaser (until they come to terms) - because there they all stand to lose their rights (so the Chachamim did not want to intercede), whereas here, it is only the second purchaser (who paid for the article) who stands to lose (so they interceded on his behalf).
10)
(a)Our Mishnah concludes 've'Chen Ba'al Chov, v'Chen Ishah Ba'alas Chov'. The Beraisa explains 've'Chen Ba'al Chov' to mean 've'Chen Ba'al Chov u'Shnei Lekuchos'. What is the case?
(b)Once the creditor has withdrawn from any claims against the second purchaser, how can he then go to the first purchaser? Why can the first purchaser not counter 'I deliberately left you property (which the second purchaser subsequently bought) to claim from'?
10)
(a)Our Mishnah concludes 'v'Chen Ba'al Chov, v'Chen Ishah Ba'alas Chov'. The Beraisa explains 'v'Chen Ba'al Chov' to mean 'v'Chen Ba'al Chov u'Shnei Lekuchos'. The case is when - after borrowing a Manah from Reuven, Shimon sold his two fields to two purchasers, each for fifty Zuz. Then, after withdrawing from any claim from the second purchaser, Reuven claims the field from the first purchaser, who then claims from the second purchaser, who claims from Reuven ... .
(b)Once the creditor has withdrawn from any claims against the second purchaser, he has the right to go to the first purchaser, who cannot counter 'I deliberately left you property (which the second purchaser subsequently bought) to claim from' - because he only left him a field worth fifty Zuz, whilst the claim is a hundred.
Hadran Alach 'Mi she'Hayah Nasuy'
Perek Almanah Nizones
11)
(a)Our Mishnah rules that a widow is fed from the property of the orphans. What happens to the work of her hands?
(b)Upon whom falls the onus of burying her?
11)
(a)A widow is fed from the property of the orphans (as her husband wrote in the Kesubah) - and they, in return, receive the work of her hands.
(b)The onus of burying her falls - not on the orphans, but on her heirs, who inherit her Kesubah.