POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Kesuvos 98
1) A WIDOW THAT SOLD PART OF HER KESUVAH
(a) "With her signs of virginity" - she must be a virgin,
regarding both the place of normal and abnormal
2) A WIDOW THAT SOLD ORPHANS' PROPERTY
(b) A woman seized a silver cup towards payment of her
Kesuvah, and demanded food.
1. (Rava): The orphans must feed her - no one rules as
R. Shimon, who says that being owed part of the
Kesuvah is not as being owed the entire Kesuvah.
(c) Question (Rabah Brei d'Rava): A widow that sells outside
of Beis Din - must she swear?
(d) Response (Rav Yosef): Why don't you ask if she must
announce for a month that the property is being sold,
before she may sell?
(e) Answer (Rabah Brei d'Rava): I know that she need not
announce before selling.
1. (R. Zeira): A widow that evaluated property and took
it herself towards payment of her Kesuvah - it is
(f) Rejection: Really, she did announce - but she may not
keep the property, since Beis Din did not empower her to
i. Suggestion: If she announced that the property
is for sale - why can't she keep it?
ii. Rather, she did not announce - and only if she
took the property herself, it is void - had she
sold it to others, the sale would stand!
1. This is as the case of a man that was watching
fodder (or wood) of orphans. He evaluated that it is
worth 400 Zuz, and took it for himself. It rose in
value to 600 Zuz.
(g) The law is, she must swear; she need not announce that
the property is for sale.
2. R. Ami: Who empowered you to take it? (I.e. it is
(a) (Mishnah): A widow's Kesuvah was 200 Dinars. She sold
property of the orphans which was worth 100 for 200; or,
property worth 200 for 100. In either case, she has
received her full Kesuvah;
(b) If her Kesuvah was 100, and she sold property worth 101
for 100, the sale is void, even if she says she will
return the extra Dinar; R. Shimon Ben Gamliel says, the
sale stands unless the extra land sold is a field fitting
to sow 9 Kabim of seed, or a garden fitting to sow 1/2
Kab; according to R. Akiva, 1/4 Kab;
(c) If her Kesuvah was 400, and she sold 100, and another
100, and the last sale was worth 101 and she sold it for
100 - the last sale is void, the other sales stand.
(d) (Gemara) Question: When she sells land worth 200 for 100,
the orphans tell her, you lost 100 - when she sells land
worth 100 for 200, why can't she say, I profited?
(e) Answer (Rav Nachman): In our Mishnah, Rebbi taught us
that the owner of the property receives the profits.
3) A MESSENGER THAT SOLD TOO MUCH
1. (Beraisa - R. Yehudah): A messenger bought
something, and the seller gave one extra - the
messenger keeps it; R. Yosi says, he shares it with
the one he bought for.
(f) Contradiction (Beraisa - R. Yosi): The one who sent him
keeps the extra one.
(g) Answer (Rami Bar Chama): If the sold item has a fixed
price, they share it; if the price is variable, the one
who sent him keeps it.
1. (Rav Papa): The law is, if the sold item has a fixed
price, they share it; if the price is variable, the
one who sent him keeps it.
(h) Question: What does Rav Papa teach (that Rami Bar Chama
did not teach)?
(i) Answer: He teaches that Rami Bar Chama's answer is
(a) Version #1 - Question: Reuven told an agent to sell for
him (land fitting to sow) a Lesech; the agent sold twice
this amount - what is the law?
1. Do we say, he fulfilled his mission and added to it,
and the sale of 1 Lesech stands?
(b) Answer #1 (R. Yakov - Mishnah): A man told his servant,
give 1 piece of meat to each guest; the servant told the
guests to take 2 each; the guests took 3 each (and the
meat was found to be Hekdesh) - all transgressed Me'ilah.
2. Or, do we say, he changed from his mission, and the
sale is totally void?
1. This fits well if we say that the agent fulfilled
his mission and added to it - since the master's
command was fulfilled, he transgressed Me'ilah.
(c) Answer #2 (Mishnah): If her Kesuvah was 100, and she sold
property worth 101 for 100, the sale is void.
2. Question: If we say that he changed his mission -
why does the master transgress?
i. (Mishnah): If the messenger fulfilled his
mission, the sender transgresses Meilah; if he
did not do as commanded, the messenger
3. Answer: The case is, the servant said, take 1 as my
master said, and a 2nd on my authorization, and they
1. Suggestion: The case is, she sold property worth 101
i. When the Mishnah says, for 100, it means, for
the 100 she was entitled to; the continuation -
'Even if she says she will return the extra
Dinar' means, she offers to buy back the extra
land sold and return it - and the law is, the
sale is void.
2. Rejection (Rav Huna Brei d'Rav Nasan): No, the case
is, she sold the land for less than its value (i.e.