ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Kesuvos 82
KESUVOS 82 - dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving
memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger.
(a) A similar incident occurred in Masa Mechsaya. When the Yavam offered to
share the property with his younger brother - the latter initially declined
to accept his offer, because he suspected that they would do to him like
'the swindlers of Pumbedisa', who negated the Yavam's gift.
(b) The Yavam attempted to convince him not to stop him from going ahead
with the Yibum - by offering to give him the gift later, but that he should
acquire it already now with a Kinyan that would work retroactively from the
time that he performed Yibum.
(c) But Mar bar Rav Ashi ruled otherwise, in spite of a statement of Rav
Dimi Amar Rebbi Yochanan - who said that if a person acquired a cow with the
intention of taking ownership after thirty days, then in thirty days time,
he would acquire it even if, at the end of thirty days, it was standing in a
public meadow (where normally, one cannot acquire a cow).
(d) Mar bar Rav Ashi decided that Rebbi Yochanan's ruling was not
appropriate in our case - because, in our case, even if he had wanted to
acquire it now, he could not have done so (and a Kinyan works retroactively
only by an article that one had the option of acquiring now).
(a) We reconcile Rebbi Yochanan's previous ruling with the ruling of Ravin
in his name (that, even when it is possible to acquire the object now, his
Kinyan now is not effective to acquire it later) - by establishing the
latter ruling when he failed to stipulate that the Kinyan was retroactive.
(b) They asked Ula what the Din would be if the Yavam shared his deceased
brother's property with his younger brother after performing Yibum. He
replied - that the transaction would be invalid.
(c) Then they asked him what the Din would be if he divided the property
before Yibum. When Rav Sheishes asked that, seeing as Ula's reply to the
first She'eilah was in the negative, what was the point of the second
She'eilah - we replied that the two She'eilos were asked independently by
two different people, and that the second person one was unaware of the
(d) The final ruling in this matter is - that whenever the Yavam shared his
deceased brother's property with his younger brother, before the Yibum or
after it, his gift is invalid (like Rav Yosef).
(a) The Chachamim in our Mishnah said that fruit that is attached to the
ground belongs to the Yavam - a problem, in view of what we learned that
all the deceased husband's property is Meshubad towards the Yevamah's
(b) So Resh Lakish changes it to 'she'Lo' to 'she'Lah'.
(a) The Tana of our Mishnah states that the moment the Yavam performs Yibum,
the Yevamah becomes his wife, to teach us that should he wish to divorce
her, she will require a Get, and that he will be permitted to remarry her.
It is not so obvious that ...
1. ... she will require a Get - because we may otherwise have learned from
"ve'Yibmah" that, even after he has performed Yibum, she remains his
Yevamah, who can only be released through Chalitzah, and not through a Get.
(b) We learn from the Pasuk in "u'Lekachah Lo le'Ishah" - that once the
Yavam performs Yibum, the Yevamah becomes his wife (and the title 'Eishes
Ach' is removed once and for all).
2. ... he will be permitted to remarry her - because we may otherwise have
thought that having performed the Mitzvah of Yibum, once she is divorced
from him, she reverts to being Eishes Achiv.
(a) The Kesuvah is paid out of the estate of the Yevamah's first husband
(rather than out of the Yavam's) - because the Torah presented him with the
gift of a wife (relieving him of the onus of writing a Kesuvah).
We have learned in a Mishnah later in Perek ha'Kosev, that if a man
remarries his divorcee, she receives only the first Kesuvah. The Tana
nevertheless finds it necessary to repeat this Din in the case of a Yavam,
who divorces his Yevamah and remarries her - because (unlike the case of a
regular wife), he did not write the first Kesuvah, in which case we would
have thought that, should he divorce and remarry her, he should now be
obligated to do so.
(b) Chazal nevertheless instituted that, should the first husband not have
left an estate, the Yavam must write her a Kesuvah - so that it should not
be too easy for him to divorce her.
(c) Having informed us that the Yavam is not permitted to tell the Yevamah
that her Kesuvah is on the table - the Tana nevertheless needs to teach us
that the same applies to a husband vis-a-vis his wife - because we would
otherwise have thought that a woman relies on the clause that he inserts in
the Kesuvah, rendering all property that he has bought and that he will buy
is Meshubad to her Kesuvah (which does not apply to a Yavam (see Tosfos end
(d) We learn from the Mishnah 'Girshah, Ein Lah Ela K'suvasah' - that before
the divorce, the Yavam is forbidden to sell any of his brother's property
(like Rebbi Aba taught on 81a.). The previous phrase (that all the Yavam's
property is Meshubad towards her Kesuvah) is only sound advice, as we
(a) The women initially refused to marry - because they were afraid that,
seeing as nothing was done to safeguard their Kesuvah, when their husbands
died, the heirs would simply hide the money that they had inherited, on
order to avoid having to pay them their Kesuvah.
(b) Shimon ben Shetach changed matters - by instituting that every husband
inserts a clause mortgaging all his property towards the Kesuvah.
(a) Before Shimon ben Shetach's Takanah, they instituted placing the money
for her Kesuvah in her father's house. But that Takanah backfired - because
a husband would get angry and simply order his wife to leave.
***** Hadran Alach ha'Ishah she'Naflu *****
(b) So they instituted placing the money in the husband's house. The ...
1. ... wealthy women began melting down the silver and the gold and making
silver and golden baskets with it.
(c) However, that Takanah did not work out either. They though it would -
because at least then the designated Kesuvah was serving some beneficial
purpose in the home, which might deter the husband from divorcing his wife.
2. ... poor women began making chamber-pots (see also Tosfos DH Avit') with