KESUVOS 107 (2 Sivan) - This Daf has been dedicated in memory of Harry Bernard Zuckerman, Baruch Hersh ben Yitzchak (and Miryam Toba), by his children and sons-in-law.
 

12th CYCLE DEDICATION
KESUVOS 106-110 - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.

1)

(a)According to Rav, if a man travels overseas for an extended period of time, Beis-Din will arrange for his wife to be fed from his property whilst he is away. Shmuel (who disagrees on principle with this ruling) points out that Rav will agree with him for the initial period after her husband's departure. How long does this initial period last? What is the reason for this?

(b)According to Rav Zevid, Shmuel's reason for saying that they do not arrange for her to receive Mezonos is because we are afraid that perhaps Tzoreri Atfesah. What does this mean?

(c)What reason does Rav Papa give to explain Shmuel?

(d)One of the differences between the two reasons is in the case of a Gedolah who does not manage to produce enough to live on (where Rav Zevid's reason will apply but not Rav Papa's). What is the other difference?

1)

(a)According to Rav, if a man travels overseas for an extended period of time, Beis-Din will arrange for his wife to be fed from his property whilst he is away. Shmuel (who disagrees on principle with this ruling) points out that Rav will agree with him for the initial three-month period after her husband's departure - because a man who travels overseas does not tend to leave his house empty.

(b)According to Rav Zevid, Shmuel's reason for saying that they do not arrange for her to receive Mezonos is because we are afraid that perhaps 'Tzoreri Atf'sah' - meaning that he may have left her bundles of money to pay for her Mezonos.

(c)Rav Papa gives the reason of Shmuel as being - that he may have stipulated prior to his departure (with her consent) 'Tzei'i Ma'aseh Yadayich bi'Mezonosayich', thereby exempting himself from the obligation of feeding her.

(d)One of the differences between the two reasons is in the case of a Gedolah who does not manage to produce enough to live on (where Rav Zevid's reason will apply but not that of Rav Papa). The other is in the case of a Ketanah (whom a husband would not normally give 'Tzareri'), but who is capable of producing enough to live on (in which case, Rav Papa's reason will apply but not that of Rav Zevid).

2)

(a)Shmuel concedes that if Beis-Din hear that her husband died, they will arrange for her to receive Mezonos. Why is that?

(b)Why are we not afraid that the Yesomim (to whom she is now obligated to provide the work of her hands) will now say to her 'Tzei'i Ma'aseh Yadayich bi'Mezonosayich'?

2)

(a)Shmuel concedes that if Beis-Din hear that her husband died, they will arrange for her to receive Mezonos - because then when she comes to claim her Kesubah, she will anyway have to swear that she does not have anything of her husband's; neither is she obligated to give the work of her hands to her husband.

(b)Nor are we afraid that, seeing as she is now obligated to the Yesomim, perhaps they will say to her 'Tz'i Ma'aseh Yadayich bi'Mezonosayich' - because they can only say this with her consent, just as her husband could have done when he was alive, but not against her will.

3)

(a)The Bnei Kohanim Gedolim argue with Chanan in our Mishnah as to whether the woman whose husband went overseas needs to swear at the beginning. They all agree however, that, on principle, she does receive Mezonos. How will Shmuel explain the Mishnah?

(b)They repeat their Machlokes in a Beraisa, which concludes 'v'Im Ba v'Amar Pasakti Lah Mezonos, Ne'eman'. What is he saying, and under what condition is he believed?

(c)How will Shmuel explain the Beraisa (seeing as the husband is evidently still alive)?

3)

(a)The Bnei Kohanim Gedolim argue with Chanan in our Mishnah as to whether the woman whose husband went overseas needs to swear at the beginning. They all agree however, that, on principle, she does receive Mezonos. According to Shmuel, this speaks - when we heard (through one witness) that her husband died.

(b)They repeat their Machlokes in a Beraisa, which concludes 'v'Im Ba v'Amar Pasakti Lah Mezonos, Ne'eman'. What he is saying is - that he gave her Tzareri, and he is believed with a Shevu'ah to force her to return what she claimed.

(c)Shmuel will explain the Beraisa too - when one witness testified that he had died, only it transpired later that the witness had erred and that he was still alive.

4)

(a)Another Beraisa discusses the case of Beis-Din arranging Mezonos for a woman whose husband went overseas. What about his children?

(b)Rav Sheshes tries to establish the Beraisa (according to Shmuel) when her husband undertook to feed her through an agent (who subsequently retracts). What does he gain by explaining it that way?

(c)On what grounds do we reject Rav Sheshes explanation?

(d)So Rav Papa establishes it when we heard that her husband died through one witness. How will that explain the distinction that the Tana makes between the Almanah and the children?

4)

(a)Another Beraisa discusses the case of Beis-Din arranging Mezonos for a woman whose husband went overseas. This arrangement however - does not extend to children.

(b)Rav Sheshes tries to establish the Beraisa (according to Shmuel) when her husband undertook to feed her through an agent (who subsequently retracts). By explaining it this way - he gains the fact that, when he retracts, there is no reason to suspect that her husband gave her Tzareri, nor will he have said to her 'Tzei'i Ma'aseh Yadayich bi'Mezonosayich'.

(c)We reject Rav Sheshes explanation - on the grounds that, if that is so, why would his children not also receive Mezonos?

(d)So Rav Papa establishes it when we heard that her husband died through one witness. Consequently - the Almanah, who is permitted to marry on their testimony, also receives Mezonos on their testimony; whereas the children, who are not permitted to take possession of their father's property on the basis of one witness, will not receive Mezonos because of him either.

5)

(a)When the Tana of the Beraisa stated earlier that the children are not fed from the husband's property, he added 'v'Lo Davar Acher'. According to Rav Chisda, this refers to make-up and ornaments. What does it refer to, according to Rav Yosef?

(b)Does ...

1. ... Rav Chisda agree with Rav Yosef?

2. ... Rav Yosef agree with Rav Chisda?

5)

(a)When the Tana of the Beraisa stated earlier that the children are not fed from the husband's property, he added 'v'Lo Davar Acher'. According to Rav Chisda, this refers to make-up and ornaments; whereas according to Rav Yosef, it refers to - the Tzedakah that her husband would normally be obligated to give alongside the other members of the community, when Beis-Din assess how much each person is obligated to give.

(b)On the one hand ...

1. ... Rav Chisda agrees with Rav Yosef - because if, as he maintains, the woman does not receive ornaments, she certainly will not receive Tzedakah. On the other ...

2. ... Rav Yosef does not agree with Rav Chisda though - because the husband might not want his wife to give Tzedakah from his property, but he certainly wants her to look respectable.

107b----------------------------------------107b

6)

(a)The Tana of a Beraisa states that, for the first three months, a Yevamah is fed from her husband's property. What happens after that?

(b)In which case is she fed from the Yavam's property?

(c)How will Shmuel reconcile his opinion with this Beraisa? Why are we not worried about 'Tzareri' or that the Yavam may have said to her 'Tzei'i Ma'aseh Yadayich bi'Mezonosayich'?

6)

(a)The Tana of a Beraisa states that, for the first three months, a Yevamah is fed from her husband's property. After that - she does not receive Mezonos at all, neither from her husband nor from the Yavam.

(b)She is fed from the Yavam's property - in the event that he runs away after she has demanded in Beis-Din that he either performs Yibum with her or Chalitzah.

(c)Shmuel reconciles his opinion with this Beraisa - by differentiating between a wife and a Yevamah, for whom a Yavam is unlikely to have given 'Tzareri' and to whom she is not Meshubad to give the work that she produces.

7)

(a)What choice does the Beraisa give a woman who returns from overseas with the news that her husband died?

(b)Should she claim that her husband divorced her, she may only claim Mezonos up to the amount of her Kesubah. Why is that?

(c)How does Shmuel establish the Beraisa?

(d)In that case, why can she not claim her entire Kesubah at once?

7)

(a)If a woman returns from overseas with the news that her husband died, the Beraisa gives her the choice - of claiming either her Kesubah or Mezonos.

(b)Should she claim that her husband divorced her, she may only claim Mezonos up to the amount of her Kesubah - because a woman is not believed (l'Kula) to say that her husband divorced her. Consequently, she may continue to claim Mezonos up to the sum of her Kesubah, which she is entitled to, should she not be divorced, but no more than her Kesubah (because she is believed l'Chumra to lose her rights to Mezonos), which she would be entitled to in any event.

(c)Shmuel establishes the Beraisa - where they heard that her husband died.

(d)She can indeed claim her entire Kesubah at once, should she so wish. Only she probably prefers to claim now in the form of Mezonos, so that, should her husband turn up, her entire Kesubah will still be intact (see Maharsha).

8)

(a)We now query Shmuel from a Beraisa which discusses a Mema'enes losing her rights to Mezonos. Why can the Tana not be referring to a case where she is still living with her husband?

(b)Then in which case is he speaking?

8)

(a)We now query Shmuel from a Beraisa which discusses a Mema'enes losing her rights to Mezonos. The Tana cannot be referring to a case where she is still living with her husband - because in that case, he would still be Chayav to feed her.

(b)He must therefore be speaking in a case - where she borrowed money for the purpose of Mezonos and promptly performed Miyun, in which she cannot claim the money that she borrowed from her husband when he returns.

9)

(a)What can we extrapolate from the Beraisa, that poses a Kashya on Shmuel?

(b)How will Shmuel refute the Kashya?

9)

(a)We can extrapolate from the Beraisa, that, had she not made Mi'un - she would have been entitled to reclaim the money to pay her loan (a Kashya on Shmuel, who maintains that a woman is not entitled to Mezonos whilst her husband is away).

(b)Shmuel will refute the Kashya on the grounds that a. a man does not generally give a Ketanah Tzareri, and b. 'Tzei'i ... ' does not apply, since the work that a Ketanah produces does not as a rule, suffice to cover her needs.

10)

(a)To solve our initial She'eilah, we refer to Rav Dimi, who arrived in Bavel and cited an incident that occurred with Rebbi. Rebbi arranged for the wife of a man who went overseas to receive Mezonos from his property. What did Rebbi Yishmael rule in a separate case?

(b)How did Ravin cite this Machlokes, when he arrived in Bavel?

(c)On what grounds did Rebbi Yochanan express surprise at Rebbi Yishmael in the first Lashon and at Rebbi in the second? What is the connection with the Machlokes between the Bnei Kohanim Gedolim and Chanan regarding whether the woman has to swear or not when claiming Mezonos?

10)

(a)To solve our initial She'eilah, we refer to Rav Dimi, who arrived in Bavel and cited an incident that occurred with Rebbi in Beis She'arim. Rebbi arranged for the wife of a man who went overseas to receive Mezonos from his property. Rebbi Yishmael, in a separate case that occurred in Tzipori - declined to do so.

(b)Ravin inverted the opinions - Rebbi Yishmael permitted it, and Rebbi forbade it.

(c)Rebbi Yochanan expressed surprise at Rebbi Yishmael in the first Lashon and at Rebbi in the second inasmuch as both Chanan and the Bnei Kohanim Gedolim in our Mishnah only argue over whether the woman has to swear or not when claiming Mezonos, but they agree that receive it she does!

11)

(a)How did Rebbi Sheman bar Aba, citing Shmuel himself, establish the Machlokes, to answer Rebbi Yochanan's Kashya?

(b)What did Rebbi Yochanan remark?

(c)What is the final ruling on the matter?

11)

(a)To answer Rebbi Yochanan's Kashya, Rebbi Sheman bar Aba, citing Shmuel himself, established the Machlokes - when they heard that the husband had died (as we learned on the previous Amud).

(b)Upon which Rebbi Yochanan remarked - that this answer was a bit stretched.

(c)The final ruling in the matter is - like Rav, that Beis-Din do feed her from her husband's property in his absence.

12)

(a)We also issue two more rulings (even though they are not directly connected with our Sugya). We rule like Rav Huna Amar Rav (regarding the work that a woman produces), and like Rav Zevid (regarding the possibility of Kashering earthenware vessels). What does Rav Huna Amar Rav say about a woman who wants to earn an independent income?

(b)Rav Zevid permits white or black earthenware vessels that have been covered with lead (see also Tosfos DH 'Hani'), but not green ones. Why is that?

(c)Besides Chametz on Pesach, which two areas of Halachah are affected by this ruling?

(d)On what condition will even white and black earthenware vessels be forbidden?

12)

(a)We also issue two more rulings (even though they are not directly connected with our Sugya). We rule like Rav Huna Amar Rav (regarding the work that a woman, and like Rav Zevid (regarding the possibility of Kashering earthenware vessels). Rav Huna Amar Rav says that a woman who wants to earn an independent income - is entitled to say to her husband 'Eini Nizones v'Eini Osah'.

(b)Rav Zevid permits earthenware vessels that have been covered with white or black lead (see also Tosfos DH 'Hani'), but not green ones - because the latter contains alum, which instead of smoothening the earthenware, makes it turn sharp, causing it to absorb even through the lead.

(c)Besides Chametz on Pesach - used vessels obtained from Nochrim and vessels that were used for non-Kasher wine, are affected by this ruling.

(d)Even white and black earthenware vessels will be forbidden however - if there are cracks in the glazing.

13)

(a)According to Chanan in our Mishnah, if a man goes overseas and someone voluntarily feeds his wife, he has lost his money. What do the Bnei Kohanim Gedolim say?

(b)Rebbi Dosa ben Horkinus agreed with the Bnei Kohanim Gedolim. What did Raban Yochanan ben Zakai say?

13)

(a)According to Chanan in our Mishnah, if a man goes overseas and someone voluntarily feeds his wife, he has lost his money. The Bnei Kohanim Gedolim say - that he is entitled to swear how much he spent on the woman and reclaim it from her husband.

(b)Rebbi Dosa ben Horkinus agreed with the Bnei Kohanim Gedolim. Raban Yochanan ben Zakai - with Chanan.

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