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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kesuvos 103



(a) That man who had rented out his only mill wished to change his conditions of rental with the renter - because under the original understanding, the renter would pay him with ground flour (since he did not possess a second mill for himself). When he became wealthy and bought a second mill, he asked the renter to start paying with cash.

(b) Ravina thought that, like the case in our Mishnah, where one of the two husbands is asked to give the daughter money, the owner can demand that, from now on, the renter pays him money (leaving him to grind his own food). But Rav Avira told him - that the renter could counter that he would therefore continue to pay with ground flour as he had been doing until now, since the owner was able to sell the flour that he himself ground in his new mill.

(c) The Halachah is nevertheless like Ravina - should the renter be in a position to sell the flour that he ground to others, in which case we force him him to do so, and to pay the owner with the proceeds (because of 'Midas S'dom' - the way of the people of S'dom not to do anyone a favor ['she'Li she'Li, ve'she'Lecha she'Lecha']).

(a) The Yesomim - are not entitled to ask the Almanah to leave their father's house and to return to her father's home.

(b) Nor does the Almanah - have the right to insist on the Yesomim feeding her whilst she resides in her father's home (though this will be qualified later).


1. She is however, entitled to do so - if they are all young and she is afraid that they will abuse her.
2. And the Yesomim may ask her to leave their home - if the house is very small and there is not sufficient room for them all to live togather ('be'Veisi', ve'Lo be'Baksi').
(d) We learn from the wording of the Kesuvah 'At Tehei Yasvas be'Veisi u'Miszena mi'Nechasai Kol Yemei Meigar Armelusach' - that she may continue to make use of the slaves, the bedclothes and the silver and golden vessels of the house just as she did when her husband was alive.
(a) If the Yesomim sold the section of their home in which the Almanah resides - their sale is invalid, as Rebbi Asi Amar Yochanan stated, because this was *designated for her already during her lifetime*; whereas if they sold Nechasim Me'utim (the property that is designated for their sisters) - their sale is valid, since it was *not*.

(b) The Yesomim - are not obligated to rebuild the Almanah's residence that collapsed.

(c) Nor - does she have the right to rebuild it herself.

(d) Abaye asked what the Din will be if she repairs her tottering apartment - may she remain there, or do we reckon the apartment as it was when her husband died, and the moment we assess that it would have collapsed, she is obligated to move out (in spite of her renovations).

(a) The reason that the Yesomim are not obligated to pay the Almanah Mezonos as long as she resides in her father's house is contained in a statement by Rav Huna - who said that the more people who live in a house, the greater the B'rachah.

(b) When the Tana of the Mishnah absolved the Yesomim from paying the Almanah Mezonos as long as she resides in her father's house - he meant that they are not obligated do pay her the full amount. They are however, obligated to pay her less, taking into account the reduced blessing that the house suffers on her account.

(a) From our Mishnah, we learn that 'Lashon Chachamim B'rachah'. We also learn from Mishnahs in Bava Basra and Pesachim respectively, - that 'Lashon Chachamim Osher' and 'Lashon Chachamim Marpeh'.

(b) Meshichah acquires Metaltelin. Medidah (measuring *food*, for example) does not. The Chachamim advise someone who has measured a large stock of grain (shall we say), and who has not the time to perform Meshichah with it all (though he does wish to acquire it now) - to acquire it together with the plot of land on which the grain is standing, which in turn, can be acquired in a moment.

(c) It is forbidden to chew wheat-kernels ands place them on one's wound on Pesach - because spittle, like water, causes the wheat to become Chametz?

(a) We learn from the Pasuk ...
1. ... "Kabeid *es* Avicha" - that a person is obligated to honor his father's wife (even though she is not his mother).
2. ... "*ve'es* Imecha" - that he is obligated to honor his mother's husband (even though he is not his father).
(b) Rebbi nevertheless found it necessary to command his sons to honor their step-mother (his second wife) after his death - because this D'rashah is confined to the lifetime of his father or his mother (but does not apply after their death).

(c) Rebbi also commanded his sons to make sure that a lamp would always be lit, the table laid and the bed (or the couch) made at dusk (of Erev Shabbos), because he initially used to arrive at his house then and to recite Kidush on behalf of his household (even though he was no longer alive).

(d) Once the next-door neighbor had discovered Rebbi's secret however, he stopped coming - so that people should begin saying that other Tzadikim, who did not used to do so, were not as worthy as he was.

(a) When Yosef from Cheifah and Shimon from Efras both died before he did - it became evident that, when Rebbi had ordered that they should serve him after his death like they served him during his lifetime, he meant in Olam ha'Ba (and not regarding his burial-needs as had previously been believed).

(b) The reason that Rebbi told his sons this, was - so that they should not suspect these righteous men of being sinners who had only survived until now on his merit (seeing as they only lived as long as he needed them).

(c) When Rebbi called the Chachamim and ordered them not to eulogize him in the towns - they thought that he meant that they should eulogize him only in the villages (in order to avoid causing the people excessive inconvenience).

(d) What he really meant was - that they should all collect in the cities and eulogize him there, where they would do him greater honor (because he was a Nasi, and everybody was obligated to participate in this Mitzvah).




(a) When Rebbi ordered the Chachamim to place a Yeshivah 'over his grave' - he meant that they should restrict eulogizing him twenty-four hour a day to thirty days. After that, they should eulogize him by day and study Torah by night or vice-versa, until twelve months had passed.

(b) He learned the restriction of thirty days from Moshe Rabeinu - by whom the Torah writes in ve'Zos ha'Berachah "And the B'nei Yisrael wept for Moshe ... for thirty days".

(c) On the day that Rebbi died - a Heavenly Voice announced that whoever attended the Levayah of Rebbi was 'prepared for Olam ha'Ba' (meaning that he would go there immediately, without having to pass through the various stages of Din that others have to suffer until they arrive there [see Tosfos DH 'Mezuman']).

(d) To earn his immediate place in Olam ha'Ba, even though he was not there when Rebbi died - that laundryman responded to the Heavenly Voice, by climbing on to the roof and falling to his death (see Ya'avetz).

(a) When Rebbi instructed the Chachamim, 'Shimon B'ni Chacham, Gamliel B'ni Nasi' - he meant to say that although Shimon was a Chacham, Gamliel should become the Nasi (for reasons that will now become clear).

(b) We learn from the Pasuk "ve'es ha'Mamlachah Nasan li'Yehoram ki Hu ha'Bechor" - that generally, it is the first-born who succeeds his father as king (or Nasi).

(c) Levi thought that, based on this Pasuk, it should not have been necessary for Rebbi to specifically appoint Gamliel as his successor. Shimon bar Rebbi disagreed with him however - on the grounds that Gamliel (his brother) was not worthy to succeed his father (since he was not such a great Chacham).

(d) The reason that Rebbi nevertheless appointed him was - because, even though he was not worthy from the point of view of Chochmah, he was worthy as regards Yir'as Shamayim (presumably he was also a Talmid-Chacham, even if he was not such a great one).

(a) Rebbi Efes succeeded Rebbi as Rosh Yeshivah despite Rebbi's appointment of Rebbi Chanina bar Chama - because Rebbi Chanina declined to accept the appointment immediately, due to the fact that Rebbi Efes was his senior by two and a half years.

(b) When they told Rav that Levi had arrived in Bavel - he concluded that Rebbi Efes must have died, that Rebbi Chanina had become the new Rosh Yeshivah and that Levi had nobody with whom to learn.

(c) Some explain that Rav knew that it was because Rebbi Efes had died and not Rebbi Chanina, that Levi moved to Bavel, because Levi (unlike Rebbi Chanina) *would* have submitted himself to Rebbi Efes. Based on the Pasuk "ve'Sigzar Omer ve'Yakem Lach" - others say that since Rebbi had appointed Rebbi Chanina Nasi, it is not feasible for Rebbi Chanina to have died without the appointment taking effect.

(d) When Levi arrived in Bavel, he brought with him a ruling 'K'lila Shari' - meaning that a woman is permitted to go out into the street on Shabbos wearing an ornament known as 'K'lila' (a sort of crown), because the reason that wearing an ornament in the street is forbidden is because the woman might inadvertently remove it to show her friends (transgressing the Isur of carrying on Shabbos), and the sort of important woman who wears a K'lila does not tend to do that.

(a) Some say that the reason that Rebbi chose Rebbi Chanina as Rosh Yeshivah rather than Rebbi Chiya was because Rebbi Chiya died before Rebbi. Initially, we explain that the statement of Rebbi Chiya, testifying that he saw Rebbi's grave and wept over it, was a misquotation, and should be reversed. In fact - it was Rebbi who saw Rebbi Chiya's grave and wept over it.

(b) Rebbi Chiya is also purported to have said - that the day that Rebbi died, Kedushah terminated.

(c) Following a third statement of Rebbi Chiya (which we initially explain in the same way as the previous two statements), when Rebbi Chiya asked Rebbi why he was crying, seeing as it is a bad sign to die whilst he is weeping - he replied that he was crying because of the Torah and Mitzvos that he would no longer be able to fulfill (not because he was sad at having to leave this world).

(d) Someone who dies ...

1. ... facing upwards, facing the people, with a red, shining face, on Erev Shabbos, on Motza'ei Yom Kipur, following a stomach illness have in common the fact - that that they are all a good sign.
2. ... facing downwards, facing the wall, with a green face, on Motza'ei Shabbos, on Erev Yom Kipur is - that they are all a bad sign.
(a) It is considered a good sign to die ...
1. ... on Erev Shabbos - because one goes straight into the restful day of Shabbos (even if one needs to go to Gehinom).
2. ... on Motza'ei Yom Kipur - because then one dies having attained a full atonement for one's sins.
3. ... following a stomach illness - because most Tzadikim die following a stomach illness (presumably because it serves as an atonement for the pleasures of this world that cannot be avoided).
(b) The alternative answer (which dispenses with the need to switch the text in the three previous problems), explaining why Rebbi might deliberately have overlooked Rebbi Chiya when appointing Rebbi Chanina bar Chama Rosh Yeshivah is - that Rebbi did not wish to interfere with Rebbi Chiya's constant involvement with Mitzvos.

(c) When Rebbi Chanina advised him not to take on someone who would be able to revive Torah with his Pilpul, were it to become forgotten - Rebbi Chiya would retort that he too, would be well-advised not to take on someone who made certain that Torah should not become foegotten in the first place.

(d) After planting flax, making nets to trap deer, catching the deer and feeding its flesh to Yesomim - he would write the five Chumashim on five parchment scrolls which he would give to five children in a town where there were no children's Rebbes, and then, after teaching six other children one of the six Sidrei Mishnah, he would instruct each child to pass on what he had learned to the other children.

(a) When Rebbi Shimon and Rebbi Yishmael b'Rebbi Yossi respectively, asked Rebbi whether, when he had exclaimed 'How great are the deeds of Chiya', he had meant that they were even greater than ...
1. ... his own - he replied in the affirmative.
2. ... those of Rebbi Yossi - he replied 'Chas ve'Shalom that I would ever say such a thing'.
(b) Rebbi then called first for his younger son, Shimon and then for his older son Gamliel. He taught the former - how a Chacham should behave.

(c) He then taught his older son, Gamliel, how a Nasi should behave. When he told him 'Ne'hog Nesi'ascha be'Ramim' - he meant that he should always sit together with the greatest among them.

(d) He also instructed him to instil fear into the Talmidei-Chachamim (because the Nasi, like a king, must reflect the fear of Heshem that is the basis of Yiddishkeit). Yehoshafat, King of Yehudah, who, whenever he saw a Talmid-Chacham, would arise from his throne, embrace and kiss him and call him Rebbi, Rebbi, Mari, Mari - did this only in private, but never in public.

(a) The Tana of a Beraisa connects the Pasuk "Tzedek Tzedek Tirdof" with Rebbi - by giving as an example of what the Pasuk means, as an advice that one follows Rebbi (and his Beis-Din) to Beis She'arim.

(b) Another Beraisa, which gives Rebbi's domicile prior to his death as having been in Tzipori, even though his burial-place was in Beis She'arim - refers to the preiod prior to his death, when they had moved him there in his illness, because, due to its altitude, the air was good for him.

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