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Rosh Kollel: Rabbi Mordecai Kornfeld

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Kesuvos 80

KESUVOS 75-80 - dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Mr Irving Grunberger helped many people quietly in an unassuming manner and is sorely missed by all who knew him. His Yahrzeit is 10 Sivan.


(a) Answer #2 (R. Aba): Even crushed dates.
(b) Question (Rav Bivi): Are the remnants of dates (after making beer) sufficient?
1. This question is unresolved.
(c) Question: If the food is not eaten honorably, what is the quantity?
(d) Answer #1 (An Amora in Eretz Yisrael): The value of an Isar.
(e) Answer #2 (A different Amora in Eretz Yisrael): The value of a Dinar.
(f) (Judges of Pumbadisa): A case occurred, and Rav Yehudah considered vine branches (fed to an elephant) as sufficient.
1. This is consistent with another teaching of Rav Yehudah.
i. (Rav Yehudah): A buyer of land that ate (used branches) from a field of Orla, Kilayim, or in the Shemitah year - this counts as a year of eating to establish that the land is his.
(g) (R. Yakov): One that spends money to upkeep the property of his wife who is a minor (and married only mid'Rabanan) is as one that spends on the property of a stranger.
1. This was an enactment to encourage him to upkeep her property.
(h) A woman inherited 400 Zuz in Bei Chuzoy. Her husband spent 600 Zuz on the trip to get the money; on the way, he needed 1 Zuz of the inheritance, and used it.
1. R. Ami: The Mishnah teaches - since he spent and ate, there is no compensation.
2. Chachamim: That only applies when he eats profits of her property - here, he took from the principle!
3. R. Ami: If so, it is as if he did not eat; he swears how much he spent, and receives.
(i) (Mishnah): He swears how much he spent, and receives.
(j) R. Asi: This applies when her property improved as much as he spent.
(k) Question: What does this teach?
(l) Answer #1 (Abaye): If the improvement exceeded the expense, he receives his expenditures without an oath.
1. Objection (Rava): If so, he may come to scheme (and claim expenditures almost as much as the improvement).
(m) Answer #2 (Rava): Rather, if the expenditures exceeded the improvement, he only receives as much as the improvement, with an oath.
(a) A husband hired a sharecropper to work on his wife's field in his stead.
1. Question: Does the sharecropper expect to get paid from the husband's rights to the fruit - and therefore, if the husband gets no compensation (e.g. he divorces his wife, after having eaten something), neither does the sharecropper?
2. Or, does he consider himself to be working on the field - no matter who gets the fruit, the land stands to be worked by a sharecropper!
(b) Question (Rava Bar Rav Chanan): Why is this different from one who spends money on a stranger's field, without permission - there, we evaluate the improvement, and he receives the lesser of his expenditures and the improvement!
(c) Answer: There, no one else would have improved the field; here, if not for the sharecropper, the husband would have worked the field.
1. Question: What was the answer to our original question (a)?
2. Answer (Rav Huna Brei d'R. Yehoshua): If the husband is a sharecropper - if he leaves without compensation, so does the sharecropper; if the husband is not a sharecropper, the land was standing to be worked by a sharecropper in any case (and he gets paid).
(d) Question: What happens if a husband sold his right to eat the fruit of his wife's property?
1. Do we say - what he owns, he sold!
2. Or - perhaps Chachamim only enacted that he eat the fruit, in order that there will be more food in the house, and the wife will benefit.

(e) Answer #1 (Mar Bar Mereimar, citing Rava): The sale stands.
(f) Answer #2 (Rav Papa, citing Rava): The sale is void.
1. Rav Papa: Mar Bar Mereimar did not hear Rava say the sale stands - he inferred that Rava holds that way.
i. A woman brought 2 slaves into her marriage. Her husband married a 2nd wife, and gave 1 slave to serve the 2nd wife. The 1st wife complained to Rava; Rava did not heed her.
ii. The one who saw this thought that Rava did not heed her because the husband may sell the fruits of his wife's property.
2. Rav Papa: That is wrong! The husband eats fruit in order to improve the standard of living in the house - and this is fulfilled, even if the slave serves the other wife!
(g) The law is, the sale is void.
(h) Question: Why is the sale void?
(i) Answer #1 (Abaye): We are concerned that the buyer will decrease the value of the property.
(j) Answer #2 (Rava): There will not be enough improvement in the standard of living in the house.
(k) Question: What is the practical difference between these opinions?
(l) Answer #1: The field is close to the city (they can see if the buyer is harming the property).
(m) Answer #2: The husband will work the property as a sharecropper (again, we are not concerned for damage to the property).
(n) Answer #3: The husband will invest the money paid for the fruit (there will be enough improvement in the standard of living).
(a) (Mishnah): A Shomeres Yavam (a Yevamah awaiting Yibum or Chalitzah) inherited property. Beis Shamai and Beis Hillel agree that she may sell or give it as a gift;
(b) Question: If she dies, who inherits her Kesuvah, and the property that enters and leaves with her (Melug)?
1. Beis Shamai says, the heirs of the husband split it with the heirs of her father;
2. Beis Hillel say, the property is in its Chazakah; the Kesuvah stays by the heirs of the husband, the Melug property stays by the heirs of her father.
(c) If his brother left money, it is used to buy land, and the Yavam eats the fruit; if his brother left detached fruit, it is used to buy land, and the Yavam eats the fruit;
(d) If his brother left attached fruit, R. Meir says, we evaluate how much this increases the value of the land; this amount is used to buy land, and the Yavam eats the fruit;
(e) Chachamim say, attached fruit belongs to the Yavam; detached fruit, whoever takes it first merits it;
1. If the Yavam takes it, he keeps it; if the Yevamah takes it, it is used to buy land, and the Yavam eats the fruit.
(f) If he does Yibum, she is as his wife in all respects, just that her Kesuvah is paid from the property of the deceased brother;
(g) (The Yavam) should not tell her, 'Your Kesuvah is on the table' - rather, there is a lien on all his property to pay the Kesuvah;
1. Similarly, a man should not tell his wife, 'Your Kesuvah is on the table' - rather, there is a lien on all his property to pay the Kesuvah;
(h) If (the Yavam) divorces her, she only collects her Kesuvah; if he remarries her, she is as any other woman, and only has her Kesuvah.
(i) (Gemara) Question: If a Shomeres Yavam dies - who buries her?
1. The husband's heirs bury her, since they inherit her Kesuvah;
2. Or perhaps her father's heirs bury her, since they inherit her Melug property.
(j) Answer (Rav Amram - Beraisa): If a Shomeres Yavam dies, her heirs, which inherit her Kesuvah must bury her.
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