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Rosh Kollel: Rabbi Mordecai Kornfeld

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Kesuvos 96

KESUVOS 96 - Dedicated by Gerald (Gedalia) Ziering in honor of Rabbi Elimelech Kohn, leader of the Daf Yomi shiur at Telshe Yeshiva Alumni of Riverdale, NY.


(a) Answer: Shmuel taught, a widow keeps objects she finds.
1. This fits well if the text of the Mishnah is 'A widow that is fed' (Shmuel speaks of a widow that is not fed).
2. But if the text is 'A widow is fed' - the orphans are as the husband, just as the husband receives what she finds, so they should receive!
(b) Rejection: Really, the text can be 'A widow is fed'. Chachamim enacted that a husband gets what his wife finds to avoid animosity - by the orphans, we are not concerned.
(c) (R. Yosi Bar Chanina): All labors which a wife does for her husband, a widow does for the heirs, except for mixing drinks, spreading the bed, and washing his hands, feet and face.
(d) (R. Yehoshua Ben Levi): All labors which a slave does for his master, a Talmid does for his Rebbi, except for taking off his shoe.
1. (Rava): This only applies in a place where people do not know that he is his Talmid - where people know this, it is not a problem.
2. (Rav Ashi): Even in a place where people do not know that he is his Talmid, it is only a problem if the Talmid is not wearing Tefilin - but if he is wearing Tefilin, it is not a problem.
(e) (R. Chiya Bar Avin): Anyone who prevents his Talmid from serving him withholds from him Chesed - "To the one (who?)withholds from his friend Chesed".
1. (Rav Nachman Bar Yitzchak): He takes the fear of Heaven from him - "Fear of Hash-m he abandons".
(a) (R. Elazar): A widow that sezied Metaltelim to pay for her food, she keeps them.
(b) (Rav Dimi): There was a case, R. Shabtai's daughter-in-law seized a sack of coins, and Chachamim could not take it from her.
(c) (Ravina): This only applies to food - but if she seized to collect her Kesuvah, we take them from her.
(d) Question (Mar Bar Rav Ashi): Why do we take from her when she seized for her Kesuvah - because a Kesuvah is collected from land, not from Metaltelim!
1. Also food may only be collected from land, not Metaltelim!
2. Rather - when she seizes for food, she keeps it - also, when she seizes for her Kesuvah.
(e) (R. Yitzchak Bar Naftoli): Rava taught as Ravina.
(f) (R. Yochanan): A widow that did not claim food for 2 or 3 years, she lost rights to the food.
(g) Question: If she loses after 2 years, why say, after 3?
(h) Answer #1: A poor woman loses after 2, a rich woman, after 3.
(i) Answer #2: An immodest woman loses after 2, a modest woman, after 3.
(j) (Rava): She only loses past food, but she is entitled to receive food in the future.
(k) Question (R. Yochanan): The orphans say, we gave her food; she says, I did not receive - who must bring a proof?

1. Do we consider the property to be in the possession of the orphans, and the widow must bring a proof?
2. Or, do we consider the property to be in the possession of the widow, and the orphans must bring a proof?
(l) Answer: Levi taught, a widow, the entire time she did not get married, the orphans must bring proof that she collected; after she married, she must bring proof.
(m) (Rav Simi Bar Ashi): Tana'im argue in whose possession the property stands.
1. (Beraisa - R. Yehudah): She sells and writes, this was sold for food; this was sold for payment of the Kesuvah; R. Yosi says, she does not specify for what she sold - this gives her greater power of collection.
2. Suggestion: R. Yehudah says that she must specify, because he holds that the property stands by the orphans, and the widow must bring proof; R. Yosi says that she need not specify, since he holds that the property stands by the widow, and the orphans must bring proof.
3. Rejection #1: Perhaps both agree that the property is by the widow, and the orphans must bring proof.
i. R. Yehudah merely counsels her, to say that some property was sold for the Kesuvah, so people will not think that she eats a large amount.
4. Support: This must be correct - if not, why didn't R. Yochanan settle his question from a Mishnah?!
i. (Mishnah): She may sell for food outside of Beis Din, and she writes, this I sold for food.
ii. Rather, we must say, there is no proof from the Mishnah, since it could be just a good counsel.
iii. Also, there is no proof from the Beraisa, since it could be just a good counsel!
5. Rejection #2: Perhaps all hold that the property stands by the orphans; R. Yosi holds as Abaye Kashisha.
i. (Abaye Kashisha): A parable for R. Yosi - a dying man said, 'Give 200 Zuz to Ploni my creditor' - Ploni can take the money as his debt, or as a gift.
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