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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kesuvos 47



(a) Rav Yehudah Amar Rav learn that the work that a girl produces belongs to her father - from "ve'Chi Yimkor Ish es Bito *le'Amah*" (as we learned on the previous Amud).

(b) We conclude that this D'rashah is needed for a Na'arah, but that a Ketanah is obvious - because, if her father can sell her, it is obvious that what she produces belongs to him.

(c) We try to prove that a girl's work belongs to her father, because if it did not, how could he hand her over to get married - during which time, she cannot produce anything. Who would give him the right to do this if what she produced did not belong to him?

(d) We reject this proof however, on the grounds that the father could always be made to reimburse her for her losses. Alternatively, he may only be permitted to take her to the Chupah at night-time when she does not normally work anyway, or on Shabbos or Yom-Tov.

2) We learn that a father has the right to ...
1. ... nullify his daughter's vows - from "bi'Ne'urehah Beis Avihah (as we learned on the previous Amud).
2. ... receive his daughter's Get - from the Pasuk in Ki Seitzei "ve'Yatz'ah ve'Haysah", which compares a Get to Kidushin.
(a) We learned in our Mishnah that the girl's father may not eat the Peiros, though her husband may - because, whereas we are afraid that if her husband is not permitted to eat the Peiros, he will not redeem her in the event of her being taken captive, we are not afraid that her father will behave in the same way, due the close father-daughter relationship that generally exists.

(b) Rebbi Yossi b'Rebbi Yehudah says in a Beraisa - that the father is also is permitted to eat the Peiros.

(c) He argues with the Rabbanan, on the grounds that even the father might argue that she has a purse-full of money which has been forbidden to him. So let her go and redeem herself (and it is possible that that purse-full of money will turn out to be insufficient to redeem her, and she will remain captive).

(a) According to the Tana Kama, if the father wrote into her dowry, fruit, clothes or household articles, but died before the wedding, her husband will not receive these things after the marriage - because the father only provides a dowry on the understanding that he will be at the Chupah.

(b) Rebbi Nasan is quoted as saying - that the husband receives the dowry in any case.

(c) According to the Tana Kama of another Beraisa, if the Chasan dies before the wedding, the woman may claim everything - Manah or Masayim and the Tosefes (whatever the Chasan added of his own accord).

(d) Rebbi Elazar ben Azaryah says - that, whereas she may claim the Manah or the Masayim, she will not receive the Tosefes, which the Chasan only writes on the understanding that they get married.

(a) We suggest that the Tana Kama of the first Beraisa (who holds that the Chasan *does not receive the dowry* on the event of the father's death) follows the opinion of Rebbi Elazar ben Azaryah, and Rebbi Nasan (who holds that he *does*) follows the opinion of the Tana Kama of the second Beraisa.

(b) We conclude however, that both Tana'im in the first Beraisa hold like Rebbi Elazar ben Azaryah. In fact, Rebbi Elazar ben Azaryah might even agree with Rebbi Nasan, who says that the Chasan receives the dowry, even though the girl's father died before the Chupah - because the father, like the Chasan, obligates himself on condition that the marriage takes place, irrespective of whether he is at the Chupah or not.

(c) We go out of our way to establish the first Beraisa like Rebbi Elazar ben Azaryah - because later in the Sugya, we will rule like him.




(a) We have already learned that Chazal instituted the dowry against her burial (K'suvasah Tachas K'vurasah). They institute ...
1. ... Mezonos (the obligation for a man to sustain his wife) - against Ma'aseh Yadehah?
2. ... Pirkunah (her release from captivity) - against the Peiros (the right to use her 'Nechsei mi'Lug') -
(b) The Tana found it necessary to write 'Lefichach, Ba'al Ochel Peiros' - to preclude from the option of putting the money that she inherits into a fund which would be used for the same purpose, should the need arise.

(c) They chose the option that they did rather the alternative - because sometimes, there will not be sufficient money in the fund to redeem her, and, due to her husband's refusal to redeem her, she will remain in captivity.

(d) They instituted Mezonos against Ma'aseh Yadehah and Peiros against Pirkunah, and not vice-versa - because both sustenance and the work of her hands are common, whereas Nechsei mi'Lug and captivity are not.

(a) According to the Tana of the Beraisa, who explains that (in the Pasuk concerning the 'marriage' of a master with his Jewish maidservant) "She'erah, K'susah ve'Onasah Lo Yigra"), "She'erah" means Mezonos - Mezonos is d'Oraysa, whereas in the opinion of the Tana of the previous Beraisa, it is de'Rabbanan.

(b) According to this Tana ...

1. ... "K'susah" means - clothes.
2. ... "Onasah" - marital rights (i.e. intimacy at regular intervals).
(c) Rebbi Elazar learns from the Pasuk ...
1. ... "Ish Ish el Kol *She'er* Besaro Lo Sikrevu Legalos" Ervah" - that "She'er" means marital rights.
2. ... in Va'eschanan "*va'Ye'ancha* va'Yar'ivechah" - that "Onah" means Mezonos.
(a) According to Rebbi Eliezer ben Ya'akov - all three refer to clothes.

(b) When he says ...

1. ... 'Lefum She'erah, Ten Kesusah' - he means that he should buy her clothes that suit her age, wider (more pretty) clothes for a younger woman, and narrower clothes (that are less heavy) when she grows older (according to the criterion of earlier times).
2. ... 'Lefum Onasah Ten K'susah' - he means that new clothes (that are warmer to wear) in the winter, and second-hand clothes (should he wish) in the summer.
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