REVACH L'DAF
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SUMMARY
Rav Huna: When a widow sells property for her Mezonos, she sells one year's worth at a time. Rav Yehudah: She sells six months at a time.
According to both Rav Huna and Rav Yehudah, the buyers supply the widow with only a month's worth of Mezonos at a time. (1)
If the widow or Beis Din sells the property of the orphans so that she may collect her Mezonos or Kesuvah, the liability is on the orphans. (2)
When a widow sells property for her Mezonos, she should leave enough property to allow her to collect the Kesuvah.
If a widow sells property for her Mezonos, she may not take back the property that she sold for the collection of her Kesuvah. (3)
If one sells property for a specific purpose and it turns out that he did not need the money, the sale is void.
Tana Kama: A widow may sell the property of the orphans without Beis Din, whether she was an Arusah or a Nesu'ah.
Rebbi Shimon: An Arusah may not sell the property without Beis Din because she does not have Mezonos. (4)
The Amora'im disagree about whether the Tana Kama maintains that a divorcee may sell property for her Kesuvah without Beis Din. (5)
Whenever the Mishnah says that a woman is "Megureshes v'Eino Megureshes," her husband is obligated to provide her with Mezonos. (6)
The heirs of the Kesuvah also may sell the property of the orphans without Beis Din.
If a widow sells or gives away part of her Kesuvah, she may not sell property for her Kesuvah without a Beis Din. (7)
If a widow sells or gives as a Mashkon her entire Kesuvah, she no longer may collect Mezonos.
Rebbi Shimon: Even if a widow sells or gives away only part of her Kesuvah, she no longer may collect Mezonos.
Rebbi Meir: A Kohen Gadol may not marry a Bogeres. Rebbi Elazar and Rebbi Shimon: He may marry a Bogeres. (8)
Rebbi Meir: A Kohen Gadol may marry a Be'ulah she'Lo k'Darkah. Rebbi Elazar and Rebbi Shimon: He may not marry her.
A BIT MORE
1. Since it is possible that she will get remarried at any time and will no longer collect the Mezonos, the buyer supplies her with a month at a time. If she gets remarried, the remaining sum will be returned to the heirs.
2. If the property is taken away from the buyer by a Ba'al Chov, the orphans are responsible to compensate the buyer, since the property was sold to pay off their Chov.
3. Even though the widow is not liable for the property which she sold for her Mezonos, she is liable for when she herself takes back the Karka.
4. We allow a Nesu'ah to sell without Beis Din, because she is collecting both the Mezonos and the Kesuvah, and we cannot make her wait for her Mezonos. However, an Arusah collects only the Kesuvah and not Mezonos, and therefore she must wait for the Beis Din to sell the property.
5. Ula: The Tana Kama allows an Arusah to sell the property without Beis Din because of Chen (so that women will not be reluctant to get married because of the concern that it will be difficult to collect their Kesuvah). This reason applies to a divorcee as well. Therefore, according to Ula, the Mishnah which says that a divorcee may not sell without Beis Din follows Rebbi Shimon. Rebbi Yochanan: The reason why the Tana Kama allows an Arusah to sell the property without Beis Din is that a husband would not want his wife to disgrace herself by going to Beis Din. This reason applies only to a Nesu'ah, and not to an Arusah. Therefore, according to Rebbi Yochanan, the Mishnah which says that a divorcee may not sell without Beis Din follows even the view of the Tana Kama.
6. Even though she is a Safek that she is divorced, since she may not get remarried her husband must continue to provide her with Mezonos. However once the husband dies his heirs are not obligated to provide her with Mezonos.
7. This is in accordance with the view of Rebbi Shimon, who maintains that a woman who sells part of her Kesuvah no longer has the right to Mezonos. He also maintains that a woman who does not have Mezonos may not sell the property for her Kesuvah without Beis Din.
8. A Bogeres is a girl over the age of twelve and a half who has only partial Besulim. Rebbi Meir maintains that a Kohen Gadol may not marry a girl who is missing even part of her Besulim.
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BRIEF INSIGHT
GILUY DA'AS
If one sells property for a specific purpose and it turns out that he did not need the money, the sale is void. Tosfos says that the sale is void only if there is a Giluy Da'as that he was selling the item only for a specific purpose. However, if the seller kept silent about the reason for his sale, it is regarded as Devarim sheb'Lev and the sale is valid. Even if there was a Giluy Da'as and the seller did articulate the reason for his sale but he was selling for an unusual purpose, such as selling clothes for the purpose of traveling to Eretz Yisrael, even a Giluy Da'as would not help; the sale is void only if he made a condition with the buyer at the time of the sale.
QUICK HALACHAH
VOIDING A SALE
If one sells his courtyard or his field and he states at the time of the sale that he is selling his property because he wants to travel to a certain place or because it has not yet rained and he wants to buy wheat with the money, it is regarded as a conditional sale. Therefore, if it rains after the sale, or if wheat arrived and the price of wheat dropped, or it turned out to be impossible to travel to his destination, or he was unable to travel or to buy the wheat, the money is returned to the buyer and the property is returned to the seller. Since he stated explicitly that he was selling only for a certain reason and that reason never materialized, the sale is void. However, this is true for a sale of Karka. For a sale of Metaltelin, a Giluy Da'as does not help, and he must make a condition at the time of the sale. (Shulchan Aruch CM 207:3)
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