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KESUVOS 82

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SUMMARY

Rebbi Nasan: A creditor may collect a loan from the debtor of his debtor.
 
Rebbi Yochanan: If one makes a Kinyan on condition that the item should become his in thirty days, he acquires the item even though it is in a swamp when the thirty days pass. (1)
 
If the Yavam divides the property of his deceased brother with the other brothers, it is not a valid gift. (2)
 
If the Yavam inherits from the deceased brother a field with produce attached to the ground, the fruit is collateral for the Kesuvah of the Yevamah.
 
When a Yavam wants to divorce his Yevamah, a Get is sufficient. If he subsequently wants to remarry her, he may do so.
 
If the deceased brother left no property, the Yavam is liable for the Kesuvah.
 
If a man remarries his divorced wife, it is on condition that the first Kesuvah still applies.
 
Shimon ben Shetach decreed that all of the husband's property is collateral for the Kesuvah.

A BIT MORE

1. This applies only if the object that he is giving is his at the time of the Kinyan, and he says that the Kinyan should take effect retroactively from the time of the act of the Kinyan.
 
2. The Yavam is not allowed to sell or give away the property he inherits from the deceased brother, because it is collateral for the Kesuvah of the Yevamah.

BRIEF INSIGHT

The Gemara says that one might think that once the Yavam divorces the Yevamah he may not remarry her, because once the Mitzvah of Yibum has been fulfilled perhaps the Yevamah is prohibited as an Eshes Ach. Tosfos asks that if the Yevamah is prohibited once the Mitzvah is fulfilled, then why is there no obligation to divorce her after the first Bi'ah? Tosfos answers that it is illogical that the Torah would command the brother to do Yibum in order to immediately divorce her, but it is logical that once she is divorced it is forbidden to remarry her.

QUICK HALACHAH

THE KESUVAH OF A YEVAMAH
 
The Kesuvah of a Yevamah is collected from the property of the deceased brother. Therefore, the Yavam may not sell any of the property that he inherited from his brother. If the Yavam sold or gave away any of the inherited property, or if he divided up the property with his brothers, the sale or gift is not valid. (Shulchan Aruch EH 168:3)
 
Even if the Yavam wants to write the Yevamah a Kesuvah and collateralize his own property for the Kesuvah, the Yevamah may stop him from selling the inherited property. (Beis Shmuel)

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