ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Kesuvos 55
KESUVOS 55 & 56 (Iyar 19 & 20) - have been dedicated by Rabbi Avi Feldman
and his sisters in memory of their mother (yahrzeit: 11 Iyar), ha'Rabbanit
Sara Dvasya bas Rav Mordechai.
(a) We just learned that 'T'nai Kesuvah ki'Kesuvah' includes the Tosefes.
This statement has no less than fourteen ramifications. The significance
(regarding the Tosefes) of ...
1. ... 'Mocheres' and 'Mocheles' is - that, if the woman sells her Kesuvah
or foregoes it, the Tosefes is included.
(b) A woman may not claim 'Sh'vach' (the benefits of the improvements that
the heirs made in the property after her husband's death) when claiming the
2. ... 'Pogemes' is - that, should she claim that her husband paid her an
advance of a Dinar of the Tosefes Kesuvah, and he counters that he actually
paid her the entire Kesuvah, she is obligated to swear before receiving the
remainder of her Kesuvah.
3. ... 'Tova'as' is - that if she claims the Tosefes Kesuvah, she loses her
(c) A woman will receive her Kesuvah if she claims it not directly from her
husband, or if one witness testifies that it has already been paid, or if
she claims property from one of her husband's purchasers or from the
orphans - only after she has made a Shevu'ah (See Maharam Shif).
(a) The significance of 'Shevi'is' with regard to the Tosefes - is that it
does not cancel the Tosefes (just as it does not cancel the Kesuvah itself),
and she may continue to claim even after the termination of Sh'mitah.
(b) She may claim Tosefes, just as she claims the Kesuvah itself - from
Ziburis of Karka (inferior-quality land).
(c) A woman who continues to live on her husband's estate may claim her
Kesuvah at any time - whereas one who returns to her parental home only has
(a) We learned in the Mishnah on 52b. (regarding K'suvas B'nin Dichrin)
'Inun *Yarsun* Kesef K'suvasech'. That is the correct text according to the
Pumbedisa'i. In Masa Mechsaya, they read the Mishnah - 'Inun *Yasvun* Kesef
(b) 'Yarsun' implies a Lashon of inheritance, which one *cannot claim from
Meshubadim* - whereas 'Yasvun' implies a Lashon of claiming a debt, which
*can*. The Halachah is 'Yarsun T'nan'.
(c) If her husband set aside Metaltelin for her Kesuvah ...
1. ... as long as they are available (and not lost), she may claim them from
the heirs without a Shevu'ah - due to the fact that the reason that she
normally requires a Shevu'ah when claiming from the heirs is because we are
afraid that perhaps she already received her Kesuvah on the form of bundles
of money, not applicable here, seeing as her husband already set aside
Metaltelin for her (and is unlikely to have done so twice).
(d) In Masa Mechsaya - they said that if the Metaltelin got lost, she may
only claim with a Shevu'ah (in case he set aside another set of Metaltelin).
2. ... and they got lost, the Pumbedisa'i maintain that she may nevertheless
claim without a Shevu'ah - because her husband is unlikely to have set aside
another set of Metaltelin, preferring to rely on the fact that all his
property is actually mortgaged for her Kesuvah.
(a) If her husband set aside as an Apotiki for her Kesuvah a field marked
(in the document) ...
1. ... on all four sides, she does not require a She'vu'ah either - because
having mark the field so meticulously, he is unlikely to have set aside
money as well.
(b) According to the Pumbedisa'i - there is not difference between this case
and the previous one. Neither requires a Shevu'ah, and that is the Halachah.
2. ... on one side, they said in Masa Mechsaya that she requires a
Shevu'ah - because he has hardly added anything to normal situation, where
all his property is mortgaged for her Kesuvah, yet we are afraid that he may
have set aside money on her behalf.
(a) If someone who wishes to give his friend a gift of Karka asks witnesses
to write the appropriate document, sign it and give it his friend, if the
recipient made a Kinyan, no further negotiations are necessary with regard
to documenting the gift - because 'S'tam Kinyan li'Ch'sivah Omed' (any
Kinyan is a carte blanche to document the transaction).
(b) The same applies, the Pumbedisa'i maintain, if the recipient did not
make a Kinyan. But in Masa Mechsaya they said - that, in the absence of a
Kinyan, the witnesses must first check with the owner before writing a
document, even though he had said 'Kisvu, ve'Chismu ve'Havu Lei'.
(c) The Halachah is like the men of Masa Mechsaya.
(a) Rebbi Nasan rules like Rebbi Shimon Shezuri - who rules that ...
1. ... if a Mesukan (a Go'ses on his deathbed) announced 'Write a Get for my
wife!', one complies with his request, despite his failure to add the word
'T'nu' (which would normally prevent us from complying). This is because we
assume that that is what he really wanted us to do, and that he omitted the
word 'T'nu' only because his situation caused him to become confused.
(b) Rebbi Nasan's ruling there gives rise to the suggestion that he (and not
Rav) is the one to rule like Rebbi Elazar ben Azaryah (who says in our
Mishnah that an Almanah min ha'Eirusin only receives a Manah) - because
Rebbi Shimon Shezuri too (in the case of a Mesukan) bases his opinions on
'Umdena' (that we assess that that is what the person concerned would have
wanted), like Rebbi Elazar ben Azaryah does.
2. ... if Terumas Ma'aser shel D'mai fell back into the Chulin from which
the Chaver separated it, he may ask the Am ha'Aretz from whom he purchased
it, even during the week, whether he separated it prior to the sale, and
accept his word if he says that he did (because D'mai is only
mi'de'Rabbanan, and there is also a loss involved).
(a) Chazal instituted that the gift of a 'Sh'chiv Mera' (a man on his
deathbed) does not require a Kinyan - to prevent the worry that his words
are not being accepted from hastening his death.
(b) If the documented gift of a 'Sh'chiv Mera' records a Kinyan, Shmuel has
doubts whether the gift is valid or not - because the man may then have
meant the Kinyan to take effect specifically through the Sh'tar, and a
Sh'tar cannot come into effect after the owner's death.
(c) Shmuel may well hold like Rebbi Yossi, who holds that the date written
on a Sh'tar determines when the claim falls due - because that is confined
to a healthy person, such as a father who is writing over his property to
his son. *He* wants to give him the actual property still during his
lifetime and the benefits from after his death, but even Rebbi Yossi will
agree that a Sh'chiv Mera does not have this in mind.
(d) Rav gives it both the advantage of the gift of a healthy man, and that
of a Sh'chiv Mera. The advantage of ...
1. ... the gift of a healthy man (over that of a Sh'chiv Mera) - is that,
should he recover, he cannot retract (whereas a Sh'chiv Mera can).
2. ... the gift of a Sh'chiv Mera (over that of a healthy man) - is that
even if he bequeaths debts that he is owed, his gift is valid (which would
not be the case in the case of a healthy man, because one cannot acquire
coins with Chalipin (which we assume is the Kinyan that took place [only
together with land]).
(a) We learn from Rav's opinion in the previous case - that he too assesses
a person's mind, even to the point of extracting money through it.
(b) This repudiates our suggestion that Rebbi Nasan must be the one to rule
like Rebbi Elazar ben Azaryah in our Mishnah - because according to what we
just established, it could just as well be Rav.