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Kesuvos 89

1) [line 2] SHOVRI - my receipt for paying the Kesuvah)

2) [line 4] PRUZBUL - (A document allowing the collections of loans after Shemitah)
(a) The Torah requires that all loans shall be canceled every seventh year, as it states in Devarim 15:2, "Shamot Kol Ba'al Masheh Yado" - "Every creditor who lends anything to his neighbor shall release it." To demand payment of a loan after the Shemitah year is a violation of the prohibition of "Lo Yigos Es Re'ehu v'Es Achiv" - "he shall not exact it of his neighbor or of his brother" (ibid.) Most Rishonim rule that the Shemitah year cancels loans at the *end* of the year, on the last day of the month of Elul. (RAMBAM Hilchos Shemitah v'Yovel 9:1-4).
(b) Hashmatas Kesafim applies mid'Oraisa only when the Yovel year is in practice. Mid'Rabanan it applies today, whether inside or outside of Eretz Yisrael.
(c) Hillel the Elder saw that people stopped giving loans when the Shemitah year was approaching out of fear that that they would not get their money back because the debt would be annulled by the Shemitah year. By doing so, they were transgressing an express command of the Torah *not* to refuse to loan money prior to Shemitah (Devarim 15:9). Hillel therefore instituted the "Pruzbul" (from the Greek "Pruz" = benefit; "Buli" = [for] the rich), effectively creating a way to avoid having Shemitah annul one's debts, as long as the borrower owns some land (Shevi'is 10:3,6).
(d) In a Pruzbul document, one files a contract with Beis Din, before the end of the Shemitah year, stating that he is placing all debts owed to him into the hands of the Beis Din to collect them for him (Shevi'is 10:4). By doing this, the lender will not transgress the prohibition of "Lo Yigos" ("do not approach your friend to collect a loan after Shemitah has annulled it") when he collects the loan after Shemitah, since he will not have to approach the borrower to collect the loan; Beis Din will take care of the collection and he will approach Beis Din. Beis Din, too, does not have to approach the borrower to collect the loan, since Beis Din can simply collect it themselves using their power of "Hefker Beis Din Hefker" (RASHI, Kesuvos 89a and Gitin 32b DH Mosrani, Bava Basra 27a DH Pruzbul). A Pruzbul only allows a person to collect the loan after Shemitah if the borrower has land. It is unusual for a person to loan money to a person without land, and the Rabanan did not institute the use of Pruzbul for unusual loans (RASHI Gitin 37a DH Ela, Bava Basra 27a DH Pruzbul). Alternatively, Pruzbul permits a person to collect a loan after Shemitah since the moment he allows Beis Din to collect his loans, it is as if they are already collected, and in his possession, immediately (since nothing can stop Beis Din from collecting the loan). This is also the reason the borrower must own land in order for Pruzbul to permit the collection of the loan. It is only if he has land that Beis Din can easily collect the loan. If the borrower only has movable possessions, it is possible for him to prevent Beis Din from collecting them by hiding them from Beis Din. Therefore they are not considered to have entered the lender's possession until they are actually collected as payment. (RASHI Bava Kama 12a DH Chal)

*5*) [line 8] AMAR RAV, B'MAKOM SHE'EIN KOSVIN KESUVAH ASKINAN - the Mishnah is discussing a place in which they normally did not write Kesuvos [but rather relied on the unwritten Tenai Beis Din]. (One might wonder how this solves the Gemara's problem; we should still be concerned that the woman will collect her Kesuvah a second time after her husband dies by bringing testimony to court to prove that her husband died, and then claiming that she was never divorced! The answer is that since there is no way to avoid having a woman collect again after her husband's death in a place where a Kesuvah is not written, all agree that a Shover must be written in such places. Shmuel, who argues with Rav in the next line, also agrees to this. However, he prefers to learn that a Kesuvah *was* written in the case described in the Mishnah, since the Mishnah implies that the woman was *expected* to have shown her Kesuvah.)

6a) [line 16] GET GOVAH IKAR; KESUVAH GOVAH TOSEFES - with the Get (alone) she can collect the main part of the Kesuvah (Manah - the 100 Zuz given to a widow or divorcee, or Masayim - the 200 Zuz given to a virgin -- see next entry); with the Kesuvah she can collect the Tosefes, any additional money that the husband wishes to add to the Kesuvah

b) [line 17] IKAR - 100 or 200 Zuz (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 Zuz (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 Zuz 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 there explains that the term for "widow," "Almanah," alludes to her Kesuvah of a "Manah," or 100 Zuz).
(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 Zuz 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).


*7*) [line 14] ... L'RAV, L'DIDACH D'AMART GET GOVEH IKAR - (the same question may be asked according to Shmuel, regarding a place where they did not usually write a Kesuvah -- TOSFOS DH l'Didach)

*8*) [line 16] V'LEICHUS DILMA GIRSHA U'MAFKA L'GITA - why are we not concerned that she was divorced before her husband died, and she will collect the Kesuvah a second time at a later date by showing the Get to Beis Din. (The Gemara could equally have asked that we should be afraid that she *already* collected her Kesuvah in the past, before her husband died -- MAHARAM SHIF.)

*9*) [line 27] ALMANAH MIN HA'EIRUSIN MENALAN D'IS LAH KESUVAH - that is, how do we know that a widow who was only an Arusah (i.e. whose husband died before Nesu'in) receives a Kesuvah from her husband's estate *even if* the husband did not yet present her with a Kesuvah. (Earlier, 47b, the Gemara cited a dispute between Rebbi Elazar ben Azaryah and the Chachamim if the widow of an Arusah receives the *Tosefes* that the husband wrote in her Kesuvah, even if he *did* write her a Kesuvah. Both agree that she receives the Kesuvah itself, if her husband wrote her a Kesuvah already. Here, the Gemara is discussing whether the widow of an Arus receives the Kesuvah itself, if he did *not* write her a Kesuvah.)

10) [line 33] LO ONEN (ANINUS - The Halachic status of a mourner immediately after a close relative's death)
(a) A person is called an Onen mid'Oraisa on the day of death of one of his seven closest relatives for whom he is required to arrange for burial (i.e. father, mother, brother, sister, son, daughter and wife). Chazal (Zevachim 101a) learn the Halachah of Aninus from the verse, "v'Achalti Chatas ha'Yom, ha'Yitav b'Einei HaSh-m?" (Vayikra 10:19). Among the Halachos that apply to an Onen is that a Kohen Onen is prohibited from doing the Avodah (divine service) in the Beis ha'Mikdash unless he is the Kohen Gadol (Vayikra 10:7, 21:1-4). Moreover, an Onen (even the Kohen Gadol) may not eat Kodshim, Terumah and Ma'aser Sheni.
(b) Besides the prohibition against an Onen performing the Avodah, eating Kodshim, etc. *mid'Oraisa*, the Rabanan extended the prohibitions even after Aninus mid'Oraisa has passed. However, the Tana'im and Rishonim argue as to the nature of this Gezeirah. They also argue as to whether Aninus mid'Oraisa always applies for the entire day or for part of the day in certain cases. With regard to these questions, Aninus may be broken into five time periods, as follows:

1. The day of death, before burial - according to all opinions Aninus mid'Oraisa applies, as above.
2. The day of death, after burial - according to Rashi (Pesachim 90b DH ha'Onen, Zevachim 15b DH Onen) only Aninus mid'Rabanan applies. According to the Ramban (Toras ha'Adam) Aninus mid'Oraisa still applies.
3. The night after the day of death (according to Rashi in #2, before burial; according to Ramban in #2, even after burial) - the Tana'im argue if the Aninus is mid'Oraisa or mid'Rabanan (Zevachim 99b). Most of the Rishonim rule that the Aninus is not mid'Oraisa but rather mid'Rabanan.
4. The days after the day of death, even if the body has not been buried - Aninus only applies mid'Rabanan (Zevachim 100b) until the end of the day of burial. Also on the day of "Likut Atzamos" (when the remains of one of the close relatives are exhumed and re-buried elsewhere), the Rabanan decreed that the person is an Onen for that entire day.
5. The night after the day of burial - the Tana'im (Zevachim 100b) argue whether the person is an Onen mid'Rabanan or not at all, and the Halachah follows the opinion that he is not an Onen at all.

11) [line 33] V'LO MITAMEI LAH
(a) The Torah (Vayikra 21:1-4) forbids Kohanim from coming into contact with corpses while concurrently commanding them to handle the burial of certain relatives. Those relatives are the Kohen's mother, father, son, daughter, brother, sister from his father (if she is an unmarried virgin), and wife (if the wife is permitted to be married to him).
(b) If a Kohen is married to a woman with Kidushin mid'Rabanan (e.g. if she married him as a minor after her father died), her husband is allowed and required to handle her burial. (The Gemara concludes that the Kohen is actually permitted to bury her mid'Oraisa, even though she is only married to him with a Kidushin mid'Rabanan. Since the Kohen inherits her nobody else will handle her burial, and therefore she is like a Mes Mitzvah -- see Insights to Yevamos 89b.)
(c) The prohibition to come into contact with a corpse applies only to male Kohanim who are not Chalalim. (However, immediately before, and during, the three pilgrimage holidays (Pesach, Shavuos and Sukos), every Jew, male or female, is commanded to be Tahor -- RASHI, Yevamos 29b DH v'Lo Mitames.) The positive command to handle the burial of the seven relatives mentioned above (a) applies not only to Kohanim, but to all Jews.

12) [line 39] GITA DENAN KERA'ANUHI - we tore up this Get

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