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|KESUVOS 54 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.|
The Gemara is in doubt about whether the daughter of a Sheniyah receives food from her brothers after the death of her father. (1)
Rebbi Yosi bar Yehudah: An Anusah receives 100 Zuz for her Kesuvah. Rabanan: She does not receive a Kesuvah.
The Gemara is in doubt about whether the daughter of an Arusah receives food from her brothers after the death of her father. (2)
It is a Safek to the Gemara whether the daughter of an Anusah receives food from her brothers after the death of her father according to the Rabanan. (3)
A widow has the right to continue living in her husband's house after his death.
If the husband had only a shack and not a proper house, the widow has no right to continue living there after the death of her husband.
Rav Yosef: Even if the widow is not living in her husband's house, the heirs must provide her with food. Mar bar Rav Ashi: The heirs do not need to provide her with food.
If a widow accepted an offer of marriage, or turned down the offer for any reason other than for the honor of her deceased husband, she no longer has the right to receive food from the heirs.
If a widow made a claim for her Kesuvah in Beis Din, she no longer has the right to receive food from the heirs.
If a widow sold her Kesuvah, gave it as collateral, or made it into an Apotiki, she no longer has the right to receive food from the heirs.
Rav: When Beis Din grants a widow her Kesuvah, the clothing that her husband bought for her is subtracted from the Kesuvah. Shmuel: It is not subtracted from the Kesuvah. (4)
When a man is Makdish his property or pledges his Erech to Hekdesh, the treasurer of Hekdesh has no right to the clothing of his wife and children.
If a man writes in his will that 400 Zuz from his wine should be used for his daughter's dowry if the wine appreciates, the daughter receives only 400 Zuz.
A Chasan may add an additional amount to the 100 or 200 Zuz of the Kesuvah.
Tana Kama: If the Arus dies, the Arusah collects the entire Kesuvah, including the Tosefes Kesuvah.
Rebbi Elazar ben Azaryah: An Arusah collects only the principal Kesuvah, not the Tosefes Kesuvah. (5)
Rebbi Yehudah: A wife may be Mochel a portion of the Kesuvah.
Rebbi Meir: If anything is subtracted from the Kesuvah, the Bi'ah that he has with his wife is regarded as a Bi'as Znus.
The Tenai Kesuvah has the same status as the principal Kesuvah.
A BIT MORE
1. A Sheniyah is a relative whose marriage is forbidden mid'Rabanan. Since she is forbidden mid'Rabanan, she does not receive a Kesuvah. Since the daughter's right for food after the death of her father is a Tenai Kesuvah and her mother does not receive a Kesuvah, perhaps the daughter does not have the right to receive food.
2. An Arusah receives a Kesuvah only if the Chasan wrote her a Kesuvah. Therefore, perhaps the Tenai Kesuvah does not apply and the daughter does not have the right to receive food from the brothers after the death of her father.
3. The Rabanan maintain that an Anusah does not receive a Kesuvah because it is forbidden to divorce an Anusah. The reason why the Rabanan instituted the Kesuvah was to make it difficult for a man to divorce his wife, and that reason does not apply to an Anusah (since it is forbidden to divorce her). Since the mother does not receive a Kesuvah, perhaps the Tenai Kesuvah also is forfeited and the daughter does not receive food from the brothers after the death of her father. On the other hand, perhaps the daughter does receive food, even though her mother does not receive her Kesuvah.
4. Rav maintains that the husband intended that the clothing he bought for his wife should be hers only as long as she is married to him.
5. Rebbi Elazar ben Azaryah maintains that the husband wrote for her the Tosefes Kesuvah only on condition that he would marry her.
THE CLOTHING OF A DIVORCEE
Rav says that when Beis Din grants a widow her Kesuvah, the clothing that her husband bought for her is subtracted from the Kesuvah. The Gemara explains that when the husband bought the clothing, he did not intend that she would take the clothing when the marriage is dissolved. The Rif says that if the husband divorced his wife, we do not subtract the clothing from the Kesuvah because she is not the one who took the initiative to dissolve the marriage and take the clothing with her; it was the husband who divorced her. The Ba'al ha'Me'or disagrees with the Rif and maintains that there is no difference between a widow and a divorcee, because a widow also did not decide to leave the marriage, as it was decided from Heaven.
THE CLOTHING OF A WIDOW
When a widow or a Chalutzah collects her Kesuvah, her clothing is evaluated and subtracted from her Kesuvah. This applies both to weekday and Shabbos clothing. If the husband divorces his wife willingly, without making any claims against her, her weekday clothing is not subtracted from her Kesuvah, but her Shabbos clothing is subtracted. (Shulchan Aruch EH 99:1)
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