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Rosh Kollel: Rabbi Mordecai Kornfeld

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Kesuvos 17

KESUVOS 16-19 - have been anonymously dedicated by a unique Ohev Torah and Marbitz Torah living in Ramat Beit Shemesh, Israel.


(a) (Beraisa): When dancing in front of the Kalah, Beis Shamai says that we praise her as she is; Beis Hilel says that we say she is pretty and has grace.
(b) Beis Shamai: If she is lame or blind, do we say that she is pretty and has grace?
1. "Stay far from a false matter"!
(c) Beis Hilel: You admit, if a person buys something, we tell him it is a good purchase!
1. From here, we learn that a person should always do as people desire.
(d) (Rav Dimi): In Eretz Yisrael, they sing thusly: 'Without eye-color, mascara or braiding, she bears grace!'
1. When R. Zeira was ordained, they sang, 'Without eye-color, mascara or braiding, he bears grace!'
2. When R. Ami and R. Asi were ordained, they sang, 'Like this and this we consider ordained, but not those that mix up laws, rags, those that say a fifth of the reason, nor empty people.'
3. When R. Avahu would come from the Beis Medrash to the Kaiser's house, the maidservant would come out to greet him and sing 'A prince of his people, a leader of his nation, a radiant countenance, blessed is your coming in peace.'
(e) R. Yehudah used to take a myrtle branch and dance in front of the Kalah, saying 'A pretty, graceful Kalah'.
(f) Rav Shmuel Bar Rav Yitzchak used to juggle 3 branches.
1. R. Zeira: The elder is embarrassing us!
2. When Rav Shmuel Bar Rav Yitzchak died, a pillar of fire separated him from the people.
i. We have a tradition - this only happens to 1 or 2 people in a generation.
3. Version#1 (R. Zeira): The myrtle branch helped him merit this.
4. Version#2: His acting like a fool helped him.
5. Version#3: His way of acting helped him.
(g) Rav Acha would carry the Kalah on his shoulder and dance.
1. Rabanan: Can we do similarly?
2. Rav Acha: If she is as a log to you, fine! If not, no.
(h) (R. Shmuel Bar Nachmani): One may look at the Kalah all 7 days, to endear her to the Chasan.
1. The law is not like this.
(a) (Beraisa): A funeral procession is diverted to allow the procession of a Kalah to pass first;
(b) Both of these allow a King of Yisrael to pass first.
1. King Agripas allowed a Kalah to pass first; Chachamim praised him for this.
2. Question: But Rav Ashi taught, even the opinion that says that a Nasi may forego his honor agrees that a king may not!
i. 'Put, put a king upon you' - his fear should be upon you!
3. Answer: It was a fork in the road (and it was not evident that he deferred to the Kalah).
(c) (Beraisa): We are idle from learning Torah to escort a deceased or a Kalah.
1. R. Yehudah used to do this.
(d) If enough people are at the funeral, we remain learning.
1. Question: What is considered enough?
2. Answer#1 - Version#1: (Rav Shmuel Bar Ini): 12,000 men and 6,000 shofar blowers.
3. Version#2: 12,000 men of whom 6,000 blow shofars.
4. Answer#2 (Ula): Enough people to reach from the gate of the city to the grave.
5. Answer#3 (Rav Shashes): The taking of Torah is as its giving, with 600,000 people.
i. This applies to one who learned Chumash and Mishnah.

ii. For one who taught, there is no limit.
(a) (Mishnah): If witnesses say that she went to Chupah with Hinuma ...
(b) Question: What is Hinuma?
(c) Answer#1 (Rav Papa): A dome of myrtle above her.
(d) Answer#2 (R. Yochanan): A veil in which she dozes.
(e) (Beraisa): The customs of the Mishnah, when performed in Yehudah, prove that the Kalah was a virgin.
(f) Question: What constitutes a proof in Baval?
(g) Answer (Rav): (Women put) oil on the heads of the Chachamim.
(h) Question (Rav Papa): Do Chachamim have boils that they need this?
(i) Answer (Abaye): You are an orphan with respect to this custom - your mother never did it for you?!
1. Version#1: When a Chacham married his son into the family of Rabah Bar Ula, they anointed the Chachamim's heads with oil.
2. Version#2: This was done when Rabah bar Ula married his son into the family of a Chacham.
(j) Question: What is done at the wedding of a non-virgin?
(k) Answer (Rav Yosef): Parched grain is *not* thrown.
(a) (Mishnah): R. Yehoshua admits that Reuven is believed.
(b) Question: Why didn't we teach, R. Yehoshua admits that Reuven is believed to say, 'this field was yours, I bought it from you'?
(c) Answer: Because we want to teach the latter case, if there are witnesses that it used to belong to Shimon, Reuven is not believed.
1. If Reuven has a Chazakah on the field (he has been using it uncontestedly for 3 years, which is considered a proof that it is his), why is he not believed?
2. If Reuven has no Chazakah on the field, of course he is not believed!
(d) Question: The same may be said in the case of the Mishnah (I bought this field from your father)!
1. If Reuven has a Chazakah on the field, why is he not believed?
2. If Reuven has no Chazakah on the field, of course he is not believed!
(e) Answer: There is a case which is not obvious - Reuven used the field for 2 years while Shimon's father was alive, and 1 year after he died and it passed to Shimon.
1. This is as Rav Huna, who taught that one cannot make a Chazakah on the field of a child, even after the child grows up.
(f) Question: Is Rav Huna's teaching merely the law of our Mishnah?!
(g) Answer#1: This law is not explicit in the Mishnah; Rav Huna taught it explicitly.
(h) Answer#2: Rav Huna taught that one cannot make a Chazakah even after the child grows up.
(i) Question: Let the Mishnah teach that Reuven bought the field from Shimon, and used the field 2 years in Shimon's presence, and 1 year when Shimon was away, e.g. he fled!
1. Question: What shall we say is the reason he fled?
i. If he fled because he feared for his life - obviously, Reuven is not believed (since Shimon was afraid to protest, Reuven uncontested use of the field is not a Chazakah).
ii. If he fled for monetary concerns - he should have protested (and Shimon has a Chazakah, and is obviously believed)!
iii. We hold that a protest not in front of the prior owner is a good protest.
i) (Mishnah): There are 3 regions in Eretz Yisrael regarding Chazakah - Yehudah, the other (east) side of the Jordan River, and Galil; a Chazakah is only valid if the prior owner was in the same region.
ii) Question: If the Tana holds that a protest need not be in front of the prior owner - a Chazakah should be valid even if they are in different regions!
iii) If the Tana holds that a protest must be in front of the prior owner - even if the prior owner is in the same region, it should not be a Chazakah if he is in a different city!
iv) Answer (R. Aba Bar Mamal): The Tana holds that a protest need not be in front of the prior owner; the Mishnah deals with the case of a Cherem (people are not allowed to travel from one region to the other, so word does not spread).
5) The law applies to any case of Cherem; the Mishnah talked about Yehudah and Galil, to teach that they may be assumed to be in a state of Cherem.

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