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Kesuvos 81

KESUVOS 81 - dedicated by S. Teichman, l'Zecher Nishmas his father, Reb Avrohom ben Reb Shmuel Teichman.

1) [line 1] YORSHEHA, YORSHEI KESUVASAH - her heirs who inherit her Kesuvah, i.e. her husband's relatives

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)

*3*) [line 3] MI'NICHSEI YESOMIN - that is, the orphans of her dead husband (who are not the widow's own children) must support the widow, but they need not bury her. Rather, her own children, or immediate family, must bury her. (This Beraisa is *not* discussing a Shomeres Yavam, since the husband of a Shomeres Yavam would have left no live children after his death. It is discussing a normal widow, whose husband did not die childless . However, the Gemara is implying from the extra words "Yorshei Kesuvasah" that *had she been* a Shomeres Yavam, her *husband's* family would have to bury her, since they inherit her Kesuvah -- TOSFOS DH Eizehu)

*4*) [line 7] "ACH ANI YORESH, ISHTO EIN ANI KOVER!" - that is, I am only inheriting the property of my brother, and not the Nichsei Tzon Barzel that my brother received from his wife (i.e. the Shomeres Yavam). Since I have not received any benefits from her, why should I be obligated to bury her! (This Gemara is following the opinion -- cited by Rashi 80b DH u'Veis Hillel from Bava Basra 158b -- which maintains that the *Shomeres Yavam's* family retains the Nichsei Tzon Barzel upon her death -- TOSFOS DH v'Leima)

*5*) [line 11] V'IY MISHUM KESUVAH, LO NITNAH KESUVAH LIGAVOS ME'CHAYIM - that is, the husband -- or his brother, in the case of a Shomeres Yavam -- is only required to bury his wife in return for receiving certain benefits through her. If her inherits the Nichsei Tzon Barzel which the wife brought into the marriage, he must bury her. However, if all he keeps from her is the Kesuvah which he promised to give her *should* he die first, it is not considered as if he *received* any benefit from her. The Kesuvah always was his; it only becomes hers *after* he dies (or divorces her). Since he did not die (or, in the case of a Shomeres Yavam, since his brother may still perform Yibum), the Kesuvah was never hers. It is not considered a benefit that he received from her, and it should not obligate his brother, the Yavam, to bury her. (See TOSFOS 53a DH she'Ein; see #9 later on this Daf)

(a) Ownership of a Shtar (a document of debt or deed) that gives a person title over property is equated to ownership of the property itself. Just as the person who owns and uses the property has a "Chazakah" over that property, so, too, the person who owns a document that gives him title to property has a "Chazakah" over that property.
(b) Even those who argue and do not consider a normal Shtar strong enough to give its owner a "Chazakah" over the property, admit that a Kesuvah (marriage contract) is stronger than a normal document and gives its bearer a "Chazakah" over the property promised her therein. The reason for this is "Mishum China" (see Background to Yevamos38:8).

7) [line 16] SHASU (SOTAH)
(a) A Safek Sotah is a woman who is suspected of committing adultery because she was warned by her husband not to seclude herself with a certain man and she violated the warning. The process of warning her in front of witnesses is called Kinuy. The witnesses who see her seclude herself with the suspected adulterer are called Eidei Stirah. The time of seclusion must be at least for the time that it takes to roast an egg and swallow it. The woman is forbidden to her husband and the alleged adulterer until she drinks Mei Sotah (see (c), below).
(b) The husband must bring his wife to the Beis ha'Mikdash, along with a sacrifice consisting of 1/10 of an Eifah (approx. 2 quarts) of barley meal as a Minchah offering. The Kohen reads Parshas Sotah, the portion of the Torah describing the curses with which a Sotah is cursed, out loud (in any language that the Sotah understands) and makes the Sotah swear that she has been faithful to her husband.
(c) An earthenware jug is then filled with half a Lug of water from the Kiyor, and dirt from the floor of the Azarah is placed on top of the water. Parshas Sotah (that contains numerous appearances of Hash-m's name) is written on parchment and then immersed in the water, which causes the ink to dissolve. The Sotah afterwards drinks from the water. If she was unfaithful to her husband and allowed herself to become defiled, the water would enter her body and poison her, causing her belly to swell out and her thigh to rupture. If she was faithful to her husband, she remained unharmed and became pregnant (Bamidbar 5:11-31). In times when there is no Mei Sotah such as in the present day, she must be divorced and does not receive her Kesuvah.
(d) A Sotah Vadai is a married woman who committed adultery. If she committed the act after not heeding the warning of two witnesses, she is put to death by Chenek (choking), as it states in the Torah (Devarim 22:22). She is prohibited to her husband and the adulterer, and she may not eat Terumah.

8) [line 22] SAFEK ZANA'I - there is a doubt as to whether she had illicit marital relations

*9*) [line 24] V'HA BA'INAN KESHE'TINAS'I L'ACHER TITLI MAH SHE'KASUV LICHI - that is, the Kesuvah specifies that she cannot collect it until *after* he dies and she is permitted to remarry. (This is basically a reiteration of the original question: "The Kesuvah cannot be collected while the husband is alive!" The Gemara is rejecting the proposed answer that "k'Gavuy Dami." Even if that applies to a normal Shtar, it should not apply to a Kesuvah, since the Kesuvah specifies otherwise. The Gemara therefore proposes an entirely new answer: When the childless husband dies, it is as if he became obligated to give his wife the Kesuvah, gave it to her, and his brother re-collected it pending Yibum. Since the woman actually *brought* this Kesuvah into the marriage (i.e. Yibum relationship) with the Yavam, it is comparable to Nichsei Tzon Barzel, which *do* obligate the husband to bury his wife -- TOSFOS DH V'ha, TOSFOS 80b DH Yorshei)

*10*) [line 30] HA'ROTZEH SHE'YIMKOR B'NICHSEI ACHIV - that is, the Yavam (both before or after Yibum) may not sell any of the property which can possibly by used towards the payment of the Kesuvah, because it is Meshubad to the Kesuvah. Although property that is Meshubad towards the payment of a Kesuvah (or a debt) normally *may* be sold, the Chachamim made an exception with regard to the Kesuvah of a Yevamah, and were especially stringent with it (TOSFOS DH ha'Rotzeh).

11) [last line] V'YEFAYEIS - and he can coax [her into giving him permission to sell his brother's properties as long as he leaves properties from which she can collect the value of her Kesuvah]

12) [last line] MEGARESH B'GET - he divorces her with a Get (and sells the extra properties while they are divorced)


13) [line 13] MISHUM EIVAH - enmity (because she will think that he wants to divorce her)

14) [line 15] B'GITA (GET YEVAMIN)
(a) Just as Chazal enacted Kidushei Ma'amar for a Yevamah, so, too, they enacted a Get Yevamim.
(b) If one of the surviving brothers performed Kidushei Ma'amar with the Yevamah and then he decides to release her from the Zikas Yevamim through Chalitzah, he must give her a Get Yevamim besides the Chalitzah.
(c) If the Yavam gives a Get to the Yevamah without first having performed Ma'amar, it becomes prohibited for him mid'Rabanan to perform Yibum with her, and he must perform Chalitzah.

15) [line 27] ATU REBBI CHANINA BAR PAPI, KEIFEI TALA LAH? - Did Rebbi Chanina Bar Papi hang earrings and nose-rings (alt. gems) on it?; i.e. in what way did Rebbi Chanina Bar Papi enhance and strengthen what Rav Yosef said?

16) [line 30] NAFAK RAV YOSEF, DAK V'ASHKACH - (lit. Rav Yosef went out, checked and found) he checked into the sources and found the following Beraisa

17) [line 31] HAREI SHE'HAYAH NOSHEH V'ACHIV U'MES... - when a creditor loans his brother a sum of money and the creditor dies childless leaving his widow in need of Yibum from her brother-in-law, the Yavam (the living brother, the debtor) should not say, "Since I will inherit my brother's property when I do Yibum, it can already be considered as if I have collected the debt that I owe him, and I need not pay."

18) [line 34] DILMA D'TAVA LEI AVDU LEI - perhaps [in this case] they (the Chachamim) were only giving him good advice [and it is not mandatory]

19) [line 39] ZU EINAH MISHNAH - this Beraisa is not reliable

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