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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kesuvos 77

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) The Tana Kama of our Mishnah does not obligate a man on whom blemishes grew to divorce his wife - Raban Shimon ben Gamliel does.

(b) Rav Yehudah reads our Mishnah the way it is written ('a man who *grew* a blemish') - Chiya bar Rav reads it a as 'a man who had blemishes (before he married)'.

(c) Chiya bar Rav disagrees with Rav Yehudah - because it is only if the blemishes were there before that she cannot claim a false sale, seeing as she knew about it and accepted it, but how can we say that about blemishes that only grew later?

(d) Chiya bar Rav explains that Raban Shimon ben Gamliel in our Mishnah differentiates between small blemishes and large ones, even though she saw them both and accepted them - because in the case of large blemishes, she can claim that before she married her husband, she thought she could tolerate the blemishes, but after the marriage, she realized that she could not.

(a) Raban Shimon ben Gamliel describes a large blemish as a - blindness or missing an arm or a leg.

(b) Rebbi Aba bar Ya'akov Amar Rebbi Yochanan rules like Raban Shimon ben Gamliel (in our Mishnah)- Rava Amar Rav Nachman, like the Chachamim.

(c) Rebbi Yochanan here, who rules like Raban Shimon ben Gamliel only in our Mishnah - disagrees with Rabah bar bar Chanah, who quotes Rebbi Yochanan as saying that the Halachah is *always* like Raban Shimon ben Gamliel in a Mishnah.

(a) According to ...
1. ... Rav Yehudah Amar Shmuel, a 'Ba'al Pulipus' is someone who emits a foul smell from his nose - the Tana of the Beraisa defines it as someone who emits a foul smell from his mouth.
2. ... Rav Yehudah, a Mekametz is someone who collects dog's manure - the Tana of the Beraisa defines it as a tanner.
3. ... Rav Ashi, a Metzaref Nechoshes is someone who beats copper into plates to make copper pots - Rabah bar bar Chanah defines it as someone who mines copper.
(b) What the following have in common is - that they are exceptions to the rule in the previous Mishnah. All of these are compelled to divorce their wives (and to pay their Kesuvah - see Tosfos DH 'Kofin'): a leper, someone who emits a foul smell from his nose or from his mouth, someone who collects dog's manure, someone who beats copper into plates or who mines copper, and a tanner.

(c) Rebbi Meir says that in all these cases - even if the husband stipulated previously that they were getting married in spite of the blemishes, she can later claim that, although she initially thought that she could tolerate him that way, she later realized that she could not.

(d) The only case among these that the Chachamim concede to Rebbi Meir - is that of a leper, where we do force him to divorce her (though for his sake, because Tashmish causes his limbs to fall off, rendering living together dangerous).

(a) The Tana of the Beraisa, who describes 'Mekametz' in our Mishnah as a tanner, explains that, when our Mishnah mentions both Mekametz and Bursi - one of them refers to a big tanner (with a lucrative tannery), and the other, to a small tanner (to teach us that according to Rebbi Meir, one forces even a small tanner to divorce his wife, and according to the Chachamim, one does not even force a big tanner to divorce her).

(b) We learned earlier that according to Rav Ashi, a Metzaref Nechoshes is someone who beats copper into plates to make copper pots, whereas Rabah bar bar Chanah defines it as someone who mines copper - and it is his opinion that is corroborated by a Beraisa.

(c) When a tanner died in Tzidon, leaving behind a brother who was also a tanner who wanted to perform Yibum - the Chachamim upheld the claim of the Yevamah, that although she was able to live with his brother, she found it impossible to live with him.

(a) Shmuel rejected Rav's statement that when a man says 'Eini Zan ve'Eini Mefarnes, Yotzi ve'Yiten Kesuvah' - on the basis of the argument that, rather than force him to divorce his wife, they ought to force him to sustain her?

(b) When Rebbi Elazar quoted him this statement in the name of Rav -Shmuel reacted by ordering his servants to feed him barley (animal food - because that is what he deserved for quoting something so illogical).

(c) Rav disagreed with Shmuel's logic however - on the grounds that one cannot live in the same basket as a snake (once a man does not want to sustain his wife, he will go on to life miserable for her - even if we do compel him to swallow his words and feed her).

(d) When Rebbi Zeira arrived in Eretz Yisrael and heard Rebbi Binyamin bar Yefes quoting the same statement in the name of Rebbi Yochanan - he commented that Rebbi Elazar was already made to eat barley for having said that.

(a) 'Rav Yehudah Amar Rav Asi, Ein Kofin Ela li'Pesulos', which Shmuel interpreted to refer to Chayvei La'avin (Almanah le'Kohen Gadol, Gerushah va'Chalutzah le'Kohen Hedyot ... ).

(b) Shmuel explained that Rav Asi meant to preclude - someone who lived with his wife for ten years without having any children.

(c) Rav Tachlifa bar Avimi quoted Shmuel as saying - that we even force someone who lived with his wife for ten years without having any children to divorce his wife, too.

(a) The Tana of our Mishnah lists the cases where one forces the man to divorce his wife. According to Rav Asi, our Tana does not include *his* list in the Mishnah, because he is only concerned with those whom the *Rabbanan* obligate to divorce (but not those who are obligated *min ha'Torah* to do so). The problem with Rav Tachlifa bar Avimi is - why the Tana of our Mishnah omits the case of someone who lived with his wife for ten years without having any children (which is also mi'de'Rabbanan) from his list.

(b) Rav Nachman answers the Kashya by differentiating between the different degrees of force that one employs (those in our Mishnah with sticks, that of Rav Tachlifa bar Avimi only with words). Based on the Pasuk "bi'Devarim Lo Yivaser Eved" - Rebbi Aba objects to Rav Nachman's distinction, because trying to force someone with words alone is futile.

(c) Rebbi Aba differentiates between the two cases, even though in both cases, one uses sticks - because in our Mishnah, the moment the woman expresses willingness to live with her husband, we desist, whereas in the case of Rav Tachlifa bar Avimi (where the Mitzvah of Piryah ve'Rivyah is at stake), we nevertheless force him to issue a divorce.

(d) Rebbi Aba accounts for the insertion of a leper, whom we force to issue a divorce for *his own* sake (as we explained earlier), in which case, we will not permit them to live together even if his wife expresses willingness to accept him. The difference between this case and that of Rav Tachlifa bar Avimi is - that in this case, we will accept her word should she agree that witnesses constantly ensure that they do not sleep together, whereas in the case of Rav Tachlifa bar Avimi, he will have to divorce her at all costs.




(a) One of the elders of Yerushalayim told Rebbi Yossi that although all twenty-four types of lepers are susceptible to Tashmish, one type is particularly susceptible - the Ba'al Ra'asan (who has an insect in his brain).

(b) When ...

1. ... one of the partners lets blood immediately prior to Tashmish - they will have a child who is weak.
2. ... both of them do so - they will have a child who is a Ba'al Ra'asan.
(c) It is safe to perform Tashmish after blood-letting - if one eats first.

(d) There are four signs that identify a Ba'al Ra'asan: His eyes, nose and mouth all run - and flies constantly buzzing round him.

(a) To cure the Ba'al Ra'asan, Abaye prescribes a plant called pennyroyal, wormwood, nutshells, hide scrapings. lilies and the red skin of young dates - which one boils before pouring three hundred cups-full onto his head, either in a marble house or in one seven and a half bricks wide. Then when the crown of his head becomes soft, one splits it open until the insect is revealed.

(b) The four leaves mentioned by Abaye - serve the purpose of placing the feet of the insect on them (failing which the insect will reflexively claw into the brain. Having removed the insect from the brain - one must take care to burn it, otherwise it will return.

(c) Following Rebbi Yochanan's advise to avoid the insects of the Ba'alei Ra'asan - Rebbi Zeira would not sit near a Ba'al Ra'asan in a way that the wind would on them both simultaneously; Rebbi Elazar would not enter his tent; Rebbi Ami and Rebbi Asi would not eats the eggs that were laid on that street.

(d) Rebbi Yehoshua ben Levi had a different view. He Darshened from the Pasuk "Ayeles Ahavim ve'Ya'alas Chein" - that if Torah fills those who study with grace, then it should certainly shield over them. So he would place the Ba'alei Ra'asan beside himself and study Torah (performing a great act of Chesed with them - see also 11d.).

(a) For his kindness to the Ba'alei Ra'asan - Rebbi Yehoshua ben Levi was rewarded, inasmuch as the Angel of Death offered him a last wish before he died. He chose to be shown his place in Gan Eden.

(b) He ask the Angel of Death for his knife - because it frightened him.

(c) He managed to remain on the other side of the 'wall' that divides between this world and Gan Eden - by taking an oath that he would return, and Hashem granted him permission not to nullify his oath provided he had never in his life-time nullified an oath for whatever reason (which in fact, he had not).

(d) He returned the Angel's knife - because, due to the fact that the time had not yet arrived when "Bila ha'Maves la'Netzach" (death would be discarded), Hashem ordered him to return it.

(a) Rebbi Shimon bar Yochai (sitting on thirteen golden chairs) queried the angels, who announced 'Make way for bar Liva'i'! - on the grounds that, if, as Rebbi Yehoshua ben Levi had told him, a rainbow had been seen in his days, he was not worthy of such an honor. In fact though, no rainbow had been seen, and Rebbi Yehoshua ben Levi 'lied', because he declined to take credit for his righteousness.

(b) When Rebbi Chanina bar Papa was made the same offer as Rebbi Yehoshua ben Levi - he first asked for thirty days grace, to revise his learning, in order to fulfill the dictum 'Ashrei Mi she'Ba le'Kahn, ve'Talmudo be'Yado'!

(c) When he too, after having asked to see his place in Gan Eden, requested that the Angel of Death hand him his knife - commented 'Once bitten, twice shy!'? He did not jump across into Gan Eden like Rebbi Yehoshua ben Levi did - because he did not have the Angel of Death's knife (which would have rendered him powerless to stop him) like Rebbi Yehoshua ben Levi did (Agados Maharsha).

(d) When Rebbi Chanina bar Papa intimated that he was no worse than Rebbi Yehoshua ben Levi - the Angel of Death asked him whether he too, had invited the lepers to join and continued to study Torah (to risk his life in order to honor the Torah [Rashi] - see also 9d.).

(a) We know that Rebbi Chanina bar Papa was one of the greatest Tzadikim of his generation - because the pillar of fire that divided between him and the people after his death only appeared for one or two people in a generation (for someone who had kept every letter in the Torah).

(b) Rebbi Alexandri requested that the pillar of fire allow them access to Rebbi Chanina bar Papa. The pillar did not move in honor of the Chachamim or in honor of his (Rebbi Chanina bar Papa's) father. It parted to allow them to approach the Tzadik - on his own merit, to allow them to eulogize him and to prepare him for burial.

(c) When Abaye explained that the Pillar of Fire was meant to divide between Rebbi Chanina bar Papa and all those who had not kept every letter of the Torah the way he had - Rav Ada bar Masna commented that it was to divide between Rebbi Chanina bar Papa and Abaye himself, who had not put up a Ma'akeh (a parapet) around the roof of his house.

(d) His comment was unjustified however - because Abaye had a Ma'akeh, but the wind just happened to have blown it down at that time.

(a) Rebbi Chanina ascribed the fact that there were no Ba'alei Ra'asan in Bavel to the fact that they used to eat spinach - and drink beer containing hops (which grew on bushes).

(b) Rebbi Yochanan also ascribed the fact that there were no lepers in Bavel to their eating spinach - and drinking beer.

(c) They also used to bathe in the River P'ras (the Euphrates).

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