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Kesuvos 43

1) [line 3] MIDI D'KAYITZ - a payment where the amount is fixed and is not dependent upon the value of the damage done

*2*) [line 11] LAV MI'DIDHU MITZENA - that is, the brother's who feed their sister after their father's death do so *against their will* (due to the Tenai Kesuvah), and not willingly, like the father. (RASHI, TOSFOS)

3) [line 7] BAS HA'NIZONES MIN HA'ACHIN - a daughter who is provided for by her brothers from their father's estate. One of the of stipulations of marriage that is imposed by Beis Din is that after the father dies, his daughters must be allowed to live in the house in which he lived, and must be provided for by his household, until they get married.

One of the Tena'ei Kesuvah that was instituted by the Chachamim was that if a man dies before his wife, she must be allowed to live in the house in which he lived and must be provided for by his household until she remarries. (This stipulation was only made in Yerushalayim and the Galil. In Yehudah, the heirs reserved for themselves the right to give her the value of her Kesuvah and have her find herself a new home.) (Mishnah, Kesuvos 52b)

5) [line 13] HARVACHAH - profit (which can be used for her dowry)
6) [line 18] YISH'ALU AL HA'PESACHIM - should beg for money at people's doorways
7) [line 20] ZILUSA - disgrace
8) [line 27] ASEH IMI V'EINI ZANCHA - work for me but I will not feed you
9) [line 29] "IMACH" - "[And it shall be, if he (the Jewish slave) says to you, 'I will not go away from you;' because he loves you and your house, because he is well-off] with you;" (Devarim 15:16)

*10*) [line 29] KOL SHE'KEN BITO - that is, even a girl's *father* is not given what she produces if he does not feed her (and certainly her brothers do not get what she produces after the father dies, if they do not feed her)

11) [line 31] L'HA'ADAFAH - for the surplus [of her Ma'aseh Yadayim (the amount that she earns) over her Mezonos (the amount of her sustenance)]

12) [line 35] METZI'ASAH, MI'MAN GAVYA!? - From whom does she collect objects that she finds?!

*13*) [line 36] MAH METZI'ASAH B'CHAYEI HA'AV LA'AV... - that is, just as the brother's are not entitled to keep what their sister *finds* even if they are supporting her (since the logic of "Eivah" does not apply when they feed her against their will), so too they are not entitled to keep what she produces even if they are supporting her.

14) [line 42] V'HISNACHALTEM "And you shall take them as an inheritance for your children after you, to inherit them for a possession; they shall be your slaves for ever; but over your brothers, the people of Israel, you shall not rule one over another with rigor." (Vayikra 25:46)

15) [line 44] ZECHUS BITO - the rights of entitlement to the earnings, findings, money of Kidushin, etc. of his daughter

16) [line 45] CHAVALOS
A person who wounds his fellow Jew (Chovel b'Chaveiro), is obligated to pay five payments, i.e. four payments in addition to Nezek, which one must always pay for damages. The five payments are:

1. NEZEK (Damages) - If one causes damage to the person of a fellow Jew, such as knocking out his eye, cutting off his hand or breaking his foot, Beis Din assesses the damages that he caused based on the depreciation such damages would cause to a slave on the slave market.
2. TZA'AR (Pain) - The payment for pain inflicted is evaluated as the amount that the injured person would be ready to pay to have the identical injury inflicted in a painless manner (Bava Kama 85a). Pain payments are due even if no other damage (other than the pain) was inflicted -- for example, if one person burned another's fingernail without causing a wound (Mishnah, ibid.). The amount of this payment ultimately depends upon the physical and financial situation of the injured person (RAMBAM Hilchos Chovel u'Mazik 2:9).
3. RIPUY (Medical expenses) - He must pay all medical costs until the injured person heals completely from his wounds.
4. SHEVES (Unemployment) - He must pay unemployment for the duration of the injured person's recovery. Sheves is evaluated as if the injured person is protecting a pumpkin patch from birds, a job that requires only minimal exertion and can be accomplished even by an invalid. (The money that the injured person loses due to his permanent handicap, though, is covered by the Nezek payment.)
5. BOSHES (Shame) - Boshes is evaluated based on the status of the person who caused the embarrassment and the status of person who was embarrassed. According to most opinions, the shame caused *by* an undignified person is greater than the shame caused by an average or dignified person (YERUSHALMI Kesuvos 3:8, RASHI to Bava Kama 83b, BARTENURA to Kesuvos 3:7, RAMBAM Hilchos Chovel u'Mazik 3:1, TUR Choshen Mishpat 420 and SHULCHAN ARUCH CM 420:24). Others rule that the shame caused by an *average* person is greater than the shame cause by an undignified or a dignified person (RASHI to Kesuvos 40a. The RAN rules that this is the Halachah in all cases except for Ones and Mefateh, which follow the previous opinion). With regard to a person who was embarrassed, shame caused *to* a dignified person is greater than the shame that an average or undignified person suffers (Bava Kama ibid.).

17) [line 47] CHAVALOS?! TZA'ARA D'GUFA NINHU! - [Could it possibly be that the verse limits] Chavalos (injuries)?! They are afflictions of her person (the payments for which she alone is entitled)!


18) [line 1] SHE'PATZ'AH B'FANEHA - where he wounded her face (causing a loss in her value, which belongs to the father)

19) [line 7] SHAKUD AMRAH - Shakud (lit. the industrious/vigilant one) said it
20) [line 15] HA'RISHONAH - the dowry paid for the first marriage

Rebbi is of the opinion that after an event occurs two times, we can presume that it will happen again under the same conditions until there is evidence of a change. Raban Shimon Ben Gamliel argues and maintains that we make this presumption only after the event occurs three times (Nidah 64a). According to Rebbi, if a woman was widowed two times, she may not remarry, since we presume that her third husband will also die.

*22*) [line 30] U'MIGVA ME'EIMAS GAVYA - if her husband dies and she collects the Kesuvah, how far in the past does her Shi'abud (lien) on the property of her husband go? (That is, if necessary, can she collect her Kesuvah by reclaiming property that her husband sold to others between her Erusin and her Nesu'in, or only by reclaiming property that he sold *after* the Nesu'in.) See Insights.

23a) [line 31] MANAH MASAYIM - 100 or 200 Zuzim (KESUVAH - the Jewish marriage contract)
(a) When a man marries a woman who was a Besulah (virgin) at the time of her Kidushin, he must write her a Kesuvah document in which he promises that she will receive 200 Zuzim (the value of 960 grams of silver) from him or his estate if he divorces her or dies. The Tana'im argue whether this obligation is mid'Oraisa or mid'Rabanan (Kesuvos 10a). (See Insights to Kesuvos 10:1.)
(b) When a man marries a widow or a divorcee who had once been married in the past (i.e. she was a Nesu'ah and was not just an Arusah) he must write her a Kesuvah document in which he promises that she will receive 100 Zuzim from him or his estate if he divorces her or dies. Even if the woman is still a virgin, the woman is classified as a "Be'ulah" with regard to the amount of her Kesuvah because she was once married and she is not given the Kesuvah of a Besulah (Kesuvos 11a). The obligation to write a Kesuvah for a widow or divorcee is only mid'Rabanan (Kesuvos 10b). (The Gemara, ibid., there explains that the term for "widow," "Almanah," alludes to her Kesuvah of a "Manah," or 100 Zuzim.)
(c) When a man marries a woman who was less than three years old at the time that he was Mekadesh (betrothed) her, he must write her the Kesuvah of a Besulah and promise her 200 Zuzim from him or his estate if he divorces her or dies. A girl less than three years of age is considered a Besulah whether or not she was married or had relations in the past, since her Besulim return to their original state (Kesuvos 11b).

b) [line 31] TOSEFES - any additional money that the husband wishes to add to the Kesuvah

24a) [line 36] MI'ZEMAN RISHON - from the time that the first Kesuvah was written
b) [line 37] MI'ZEMAN SHENI - from the time that the second Kesuvah was written

25) [line 42] TZEVISI V'OSEIFIS LACH - I desired and added [to the Kesuvah] for you

26) [line 43] GEVI'AS - you wish to collect

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