REVACH L'DAF
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| BECHOROS 52 (5 Sivan) - Dedicated l'Zecher Nishmas Reb Chaim Aryeh ben Aharon Stern Z'L by Shmuel Gut of Brooklyn, N.Y. |
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SUMMARY
1. A woman who collects her Kesuvah is not entitled to collect an increase in the value of her husband's estate that occurred after his death, nor is she entitled to collect possessions that were supposed to come into his possession, but had not yet come at the time that he died.
2. A creditor normally may collect from the increase in value of the debtor's estate.
3. Abaye: The Yavam (see #1) does not collect the increase in value, relative to his brother's portion, that occurs between the death of his father and his act of Yibum. He does collect the increase between his act of Yibum and the division of the estate. Rava: He collects no increase between the death and the division of the estate.
4. The Mishnah lists types of transactions of properties that do not revert to the original owner at the Yovel year.
5. Rebbi Yochanan ben Berokah: A person who inherits his wife's property must give the property back, "but subtracts money."
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A BIT MORE
1. The same law applies to a daughter's right to receive a percentage of the father's estate based on its value in order to buy food, and to the portion of inheritance that a Yavam receives due to his taking over the portion that his deceased brother would have received from their father.
2. However, this does not apply to the wife or daughters in the case of the Mishnah here. The Chachamim sought to make the conditions for collection of the Kesuvah more favorable for the husband.
3. Abaye: This is because the verse states, "he will be established on the name of his brother who has died," implying that he is like his brother once he does Yibum. Rava: Since he is compared to a firstborn son who receives a double portion (his portion and that of his deceased brother), we say that just as a firstborn does not collect an increase that accrues to the estate after the death of the father, the Yavam does not collect an increase that accrues after death.
4. Rebbi Meir: These include a firstborn's portion, one who inherits his wife's property, a Yavam, and one who receives a gift. Chachamim: These include all of the above, besides a gift which is like a sale. Rebbi Elazar: All of the above do return at Yovel.
5. The Gemara explains that Rebbi Yochanan means that the husband generally keeps all of the property he inherits from his wife, with the exception of a family burial area that he is obligated to sell back to the family, except for his wife's plot.
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